MERS instructing members to not foreclose in name of MERS

SUBMITTED BY MARY COCHRANE

MERS instructing members to not foreclose in name of MERS (Bulletin 2 Pages at Bottom).

MERSCORP, Inc. Parent (VA) & subsidiary, Mortgage Electronic Registration Systems (DE)
Welcome to MERS!

MERS is an innovative process that simplifies the way mortgage ownership and servicing rights are originated, sold and tracked. Created by the real estate finance industry, MERS eliminates the need to prepare and record assignments when trading residential and commercial mortgage loans.

MERS MEMBERS (A-Z) and/or 1st 7 Digits MIN#
https://www.mersonline.org/mers/mbrsearch/mbrsearch.htm

ACTIVE MERS MEMBER:
America’s Servicing Company
2701 Wells Fargo Way
MAC x9998-012
Minneapolis MN 55467-8000
651-605-3711
MERS@wellsfargo.com
Theresa Russell
Member Org ID: 1002856

What about GMAC Bank (TRUSTEE)
3451 Hammond Ave, Waterloo, IA 50702
MERS ID: 1005726
Line of Business: Investor
YES with eRegistry and eDelivery

What about GMAC Mortgage of Iowa
dba GMAC Mortgage, LLC
dba gmacmortgage.com (fictitious name in PA)
dba GMAC Bank (fictitious name in PA)
MERS ID: 1000375
Lines of Business: Originator, Servicer, Subservicer, Investor, Document Custodian
YES with eRegistry and eDelivery

GMAC 1992/1993 part of Wells Fargo & Co/MN
c/o Tax Dept,
GMAC Mortgage, PO Box 85071, San Diego CA (formerly Norwest Corporation)
dba Wells Fargo Bank NA.
3451 Hammond Ave
Waterloo, IA
GMAC MERS DEPT
http://www.gmacmortgage.com
‘eRegistry Participant’ YES
‘eDelivery Participant’ YES

GMAC BANK ASSET MANAGEMENT CO
MERS Org ID: 1005727
Lines of Business: Investor
NO Wiithout eRegistry eDelivery.

I CUT/PASTED JUST THE ‘FOOTNOTES’ THE MOST IMPORTANT PART OF THE DOCUMENT FOR YOUR REVIEW:

How does a consumer know if they are dealing with the Wells Fargo Bank NA GMAC or not?
___________________________________
11/16/2010
MERS President and CEO R.K. Arnold Appears Before U.S. Senate

Washington, D.C., Nov. 16—R.K. Arnold, president and CEO of MERSCORP, Inc., testified today before the United States Senate Committee on Banking, Housing and Urban Affairs. To download a copy of his testimony, please click here. For questions, please contact Karmela Lejarde at 703-761-1274.

http://www.mersinc.org/newsroom/press_details.aspx?id=252

1 MERSCORP, Inc. is structured as a privately held stock company. Its principal owners are the Mortgage Bankers Association, Fannie Mae, Freddie Mac, Bank of America, Chase, HSBC, CitiMortgage, GMAC, American Land Title Association, and Wells Fargo. MERS is headquartered in Reston VA.

2 Members tend to register only loans they plan to sell. Wells Fargo and JP Morgan Chase are the principal members in this regard. They service most of the loans they originate themselves, so registering their retail business on the MERS® System is of less practical value to them. However, when these institutions purchase loans from others, known as their correspondent business, they do require that those loans be registered on the MERS® System.

3 MERS makes its money through an annual membership fee (ranging from $264 to $7,500) based on organizational size, and through loan registration and servicing transfer fees. MERS charges a one-time $6.95 fee to register a loan and have Mortgage Electronic Registration Systems, Inc. serve as the common agent (mortgagee) in the land records. For loans where Mortgage Electronic Registration Systems, Inc. will not act as the mortgagee, there is only a small one-time registration fee ($0.97). This is known as an iRegistration. Transactional fees (ranging from $1.00 to $7.95) are charged to update the database when servicing rights on the loan are sold from one member to another.

4 The originating lender may be the servicer in some cases.

5 A copy of a sample mortgage document can be found in Attachment One. A short summary of MERS prepared by the Mortgage Bankers Association can be found in Attachment Two.

6 This action tells the world that there is a lien against the property. This is done to protect the lender’s interest. The recording of the mortgage puts future purchasers on notice of any outstanding claims against the property.

7 The promissory note is not (and never has been) recorded or stored with the county land records office. The note is a negotiable instrument that can be bought and sold by endorsement and delivery from the seller to the note purchaser. This activity is governed in all fifty states by the Uniform Commercial Code (UCC) Article 3.

8 The MERS® System is the database; MERSCORP, Inc is the operating company that owns the database; and Mortgage Electronic Registration Systems, Inc (“MERS”) a subsidiary of MERSCORP, Inc., which serves as mortgagee in the land records for loans registered on the MERS® System. For discussion purposes, “MERS” may be used in this testimony to refer to all three entities unless specifically stated otherwise.

9 The design of the MERS® System always anticipated and required that borrowers would be able to access the system to determine the servicer of their loans. Providing such information to MERS is a requirement of membership and loan registration.

When Congress acted last year to require that borrowers be told when their note is sold and the identity of the new note-owner,

MERS established, within a matter of weeks, a new service called Investor ID. Of the 3,000 members of MERS, 97% agreed to disclose the identity of the note-owner through the MERS® System. Fannie Mae opted to be disclosed. Freddie Mac chose not
to be disclosed.

10 The issue of whether transfers of residential mortgage loans made in connection with securitizations are sufficient to transfer title and foreclosure rights is the subject of a “View Point” article entitled “Title Transfer Law 101” by Karen Gelernt that appeared in the October 19, 2010 edition of the American Banker. A copy can be found in Attachment Three.

11 A 1993, 36-page white paper entitled “Whole Loan Book Entry Concept for the Mortgage Finance Industry” addresses the concepts underlying MERS and the problems it was designed to address. It is available upon request.

12 The essential elements of the legal principles underlying MERS can be found in “MERS Under Attack: Perspective on Recent Decisions from Kansas and Minnesota,” an article by Barkley and Barbara Clark in the February 2010 edition of Clark’s Secured Transactions Monthly. A copy of this article can be found in Attachment Four.

13 On loans originated by correspondent lenders or brokers (where MERS is not the mortgagee), the costs of preparing assignments and the associated filing fees are listed on the HUD-1 and paid directly by the borrower.

14 Individual states handle real estate foreclosures differently. In some states the foreclosure process is judicial, and in some states it is non-judicial. Under both systems, time frames and terms vary widely from state to state. A brief, general, description of both processes prepared by the Mortgage Bankers Association can be found in Attachment Five.

15 Some important recent cases upholding the rights of MERS include:

16 A review of the use of MERS in all fifty states was done by Covington and Burling in 1996 and 1997 as part of the due diligence associated with the creation of MERS. It is available upon request.

Read: MERS President and CEO R.K.Arnold Appears Before Senate:
MERS President and CEO R.K. Arnold Appears Before U.S. Senate

Washington, D.C., Nov. 16—R.K. Arnold, president and CEO of MERSCORP, Inc., testified today before the United States Senate Committee on Banking, Housing and Urban Affairs. To download a copy of his testimony, please click here. For questions, please contact Karmela Lejarde at 703-761-1274.

http://www.mersinc.org/files/filedownload.aspx?id=667&table=ProductFile
—————————————————————–

———————————————————-

The right of petition is expressly set out in the First Amendment:

“Congress shall make no law … abridging … the right of the people … to petition the Government for a redress of grievances.”
— from the First Amendment

The petition clause concludes the First Amendment’s ringing enumeration of expressive rights and, in many ways, supports them all. Petition is the right to ask government at any level to right a wrong or correct a problem.

Although a petition is only as meaningful as its response, the petitioning right allows blocs of public interests to form, harnessing voting power in ways that effect change.

It’s your right and duty as a citizen of the United States of America to bring into the light of day the facts of harm and injury you have suffered due to lawlessness.

———————————————————
Announcement
Number 2011-01
Page 1 of 2
To: All MERS Members February 16, 2011
Re: Foreclosure Processing and CRMS Scheduling MERS is providing the following guidance to all Members to strengthen business practices, and minimize reputation, legal and compliance risk to MERS and its Members. In recent months legal challenges have arisen regarding alleged inadequacies and improprieties in the foreclosure process including allegations of insufficient or incorrect supporting documentation and challenges to the legal capacity of parties’ right to foreclose. MERS is committed to reevaluate and strengthen its systems and procedures to protect against these types of legal challenges. Consistent with this approach we have enhanced the Corporate Resolution Management System (CRMS) and instituted related policies and procedures designed to strengthen MERS’ business practices and limit compliance risks. To comply with this guidance, MERS Members should implement the following practices, effective immediately.
1. MERS is planning to shortly announce a proposed amendment to Membership Rule 8. The proposed amendment will require Members to not foreclose in MERS’ name. Consistent with the Membership Rules there will be a 90-day comment period on the proposed Rule. During this period we request that Members do not commence foreclosures in MERS’ name. If a Member determines that it will commence a foreclosure in MERS’ name during this 90-day period, two weeks advance notice must be given to MERS to permit verification of the appointment and current status of the Certifying Officer proposed to participate in the foreclosure. No foreclosure may be processed in MERS’ name without first obtaining this verification. We encourage Members to bring foreclosures only in the name of the holder of the note, in the name of the trustee or the servicer of record acting on behalf of the trustee.
2. MERS Members shall have a MERS Certifying Officer (also known as MERS Signing Officer) execute assignments out of MERS’ name before initiating foreclosure proceedings. Assignments out of MERS’ name should be recorded in the county land records, even if the state law does not require such a recording (see MERS Membership Rule 8).
3. For all future assignments and the execution of other documents in the name of MERS, Members must use a MERS Certifying Officer who has been appointed under our new certifying officer process, which, after November 1, 2010, uses a new form of corporate resolution. Under our new process, all Certifying Officers are also being tested and appointed under the enhanced CRMS. Only Certifying Officers appointed under the new form of corporate resolution, tested, and transitioned onto CRMS after November 1, 2010 should execute assignments. We are in the process of ensuring that all Members are transitioned onto CRMS in compliance with our new policy, and we will work with all Members to ensure the transitions can be accomplished in an orderly and expeditious way. For those Members who have not undergone this transition onto the CRMS, you will receive login credentials and further instructions from MERS on how to complete this process. It is important that you follow all instructions and that you complete this process as quickly as possible. MERS will be communicating with you to notify you when your Company will be transitioned onto the CRMS under our new policy. Once your Company has access to the CRMS, all of your existing and potential Certifying Officers should work quickly to complete the certification process. Once all of your existing and potential Certifying Officers have successfully completed the certification process, you will need to submit your request to MERS for approval. Submissions from your Company will only be accepted during the phase-in period assigned to you. Because it will take some time to transition under our new policy, Certifying Officers can continue to execute documents in MERS’ name under existing resolutions until the new corporate resolution is issued to your Company. However, if your Company does not submit the request to MERS through the CRMS in the timeframe assigned to you, you will not be issued a new corporate resolution and any prior corporate resolutions issued to your company will be revoked.

MERS Members should ensure the accuracy of the information in the complaint and foreclosure affidavit that addresses, where applicable, the authorization under which a MERS Certifying Officer validly assigned the mortgage to the foreclosing note-holder.
5. Other business practices Members should perform on a periodic basis include:
 Conduct a review of employees designated as Certifying Officers and reconcile to the CRMS to ensure MERS has an up-to-date and accurate list of Certifying Officers;
 Ensure employees designated as Certifying Officers receive appropriate training to carry out their duties and responsibilities as Certifying Officers; and
 Reconcile with CRMS to update corporate resolutions and signing authority agreements to ensure appropriate Certifying Officers are validly appointed.
If you have any questions regarding this announcement, please contact the MERS Law Department at mers@mersinc.org, or call the MERS corporate office at 703-761-1270 and ask for the MERS Law Department. The MERS Help Desk will not be able to assist in this matter.
——————————————————
http://www.mersinc.org

Newest Members:

Berkadia Commercial Mortgage LLC (2)
Horsham, PA

Edgewater Home Loans, Inc.
St Louis Park, MN

Westfield Bank
Westfield, MA

59 Responses

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  3. Before the auction the holder of the note must give the selling Trustee a copy of the original DOT and the original note. The property was successfully sold.

    1st question:
    If the property was successfully sold what will the Trustee do to the Note? Will the Trustee destroy it ?

    The judge voided the sale and ordered to reinstate to original position.
    If the original lender was defunct and the company that bought it is not claiming it.

    2nd Question:
    Who will write the new note ?

    Please help. LP

  4. […] View the original article here Tags:foreclose, instructing, members. This entry was posted on Friday, May 6th, 2011 at 7:07 pm and is filed under Uncategorized. You can follow any responses to this entry through the RSS 2.0 feed. You can leave a comment, or trackback from your own site. You can . « CHECK THE ESCROW INSTRUCTIONS FOR TRACKING REAL CREDITOR Leave a comment Name (required) […]

  5. Is this post closed?

  6. ‘Mortgage Electronic Registration Systems formation in DE, subsidiary of MERS ORG Inc. in VA.

    Link of MERS & CONSUMER very important for the language of the mortgage was written to bring alive documents related which include all of the Agreements of the SELLER, BUYER, SERVICER.

    Intent of Concealment?

    The MIN# (7 digits of MIN#1234567) MERS MEMBER, and ‘is the silent agreement between the ‘SELLER’ of the discounted Loan and the ‘BUYER’ of the loan

  7. M. Soliman….

    Do you realize that what you think and write may seem totally logical to yourself, and while you in fact may be a totally logical individual, as it relates to this forum, you are totally incoherant to others?

    Just curious. Asperger syndrome does come to mind.

  8. You beat MERS when there are late assignments into the Trust -.B Davies
    ———————————————————————
    Wrong …Dr. D Herein is an example of winging it in anticipation of the courts buying off on the argument. Then we call the courts and Judges corrupt and crooked.

    The man looking down upon his subjects reads these columns and the grimreaper will come a calling . . .you must get your facts straight. …don’t hate …and while not too late!

    MERS has standing as the nominee representing the key party in interest or indispensible party to the interest in the note. (please stop the hate mail – LOL)

    Look – MERS NEVER RELINQUISHED THE INTEREST IT HELD FOR THE INVESTORS – NEVER.

    Your endorsement of the deed of trust listing MERS is the assignment by acknowledgement and the subsequent assignment is moot and defies its intended meaning.

    Your winging it brother…Include in your defense’s include allegations subject to the QSPE and launch platform engaged to create the highly controversial off balance sheet financing. It’s the Qualified Special Purpose Vehicles that pull off the scheme and therein is where FAS 140 is under siege and begs the FASB to tweak to further amend and codify SOP under GAAP.

    None the less, the more pressing argument is MERS under a divestment of prinicpals capital under an accredited registration.

    M. Soliman /
    Expert.witness@live.com

  9. Unlike securitizations, in a whole-loan sale transactions the seller will not retain any interests in the sold receivables. The orginator is not necessarily the holder under a RESPA claim of unlawful CBA. This argument also includes the immediate successors and assigns or concurrent funding to a transferee and the seller carries no risk of loss related to the sold receivables is not a burden fo the seller – who is alleged foreclosing.

    Therefore the warehouse bank, for the benefit of the loans it originates for an investor, also releases in its entirety the loan “whole” and shall not continue to service or manage whatsoever the receivables sold in whole-loan sale transactions.

    Company “C” is QSPE or form of ownership such as corporation or LLC is a new issue for securities in a Real Estate investment Trust. The ownership is subscribed from registration and issuance of certificates to individual accredited investors. The investor’s will rely on the quality of the underlying assets, the mortgage loans.

    Another problem facing the opposing parties is where the credit rating of any issue related to securitization, by offer or invitation is below investment grade, demands the issuer disclose the extent of credit risk to investors and their advisers in order to evaluate the risks relating to the private debt securities. That’s so very important to note in pleading these matters .

    Company “A”, in testimony provides that Countrywide originates loans to sell into a Countrywide Securitization Company “C” sponsored in part by Bank of America Securities. I contend BAC is Company “B” in a less than arms scheme to offer liquidity to the platform’s production efforts.

    In a case, U.S. Bankruptcy Judge Judith H. Wizmur on Nov. 16 rejected a claim on the home of John T. Kemp, ruling his mortgage company, now owned by Bank of America, had failed to deliver the note to the trustee.

    Here is a problem I contend that causes me to believe the courts are wrong even when their decision favors a borrower.

    The decision in the case alleges the indenture trustee with no standing to take the property, and raises the question of whether other foreclosures could similarly be blocked. The court deciding the matter is woefully incorrect is its assessment.

    The note is held by the holder in due course – always. The holder is shareholders who deposit contract receivables carved out from loans originated under the securities issued.

    The loan is divested of its form and substance or separated from its cash flow which is tantamount to being sold. Yet the loan was never sold. In a securitization, it’s the accumulated basis in assets that is verified as transferred to capitalization for a QSPE. Therefore the bank owners own the stock in the entity that holds the cash flow rights to the note.

    The storyline mirrors file from file yet details a judicial menagerie that maynot encompass fraudulent intent. The matter maybe more circumstantial as to lender malfeasence claims allegin funds used tomake a mortgage are transferred to pay in capital in a QSPE.

    The QSPE purchases the loan hypothetically upon an imaginary transfer and release by assignment to MERS.MERS serves the controversy as a “shill” or token third party. MERS has a vague and in intelligible right of standing causing a judicial quandary. This is why I allege from practical experience, having sold assets into these pools, that MERS none the less does have standing. In court it represents a securities registration that in effect was paid for by means and methods that are ambiguous as authored by registrants in the PPM and companion pool and servicing agreement.

    Therefore you cannot foreclose on the note and its status as “lost”; the reciprocal effect of market investment capitalization. Thus the best argument counsel can serve their clients is for the impossible means for capitation to have taken place; a mandatory requirement for foreclosures.

    The facts are not easy to reduce into argument but are your strongest suit in a deck stacked against you. Nor are they popular for the attorney seeking to argue a conventional foreclosure. There were those who invested in the improved production of carriages and whips while the evolution of the automobile was at its humble beginning. It’s a fact that technology, innovation and abstract understanding of things leads to corrupt business deals from an unfair advantage.

    Therefore the rights of a title holder to realty remain the foremost defense against an impaired claim and disturbed title. These hard to explain or convoluted terms and conditions for accounting violations do impact the title and the sale and transfer is “defect” and uninsurable. That is the expert assignment, explained as a witness to 22 years of fraud in the mortgage banking industry, offering a view from an insider perspective.

    I wonder if the legal community who is brave enough to tackle this mortgage mess it also a victim of the economies of scale in every one of these highly convoluted matters. Attorneys are not paid the retainer to hire the research staff to unveil the facts. And the attorney may not be willing to take arguments into court fearing sanctions whereby he cannot get around the diversity issue in jurisdiction or formulating a proper introduction of key evidential material that appears at first glimpse awkward to the courts traditional understanding.

    This will pass over time as more cases are heard and won with merit. The case mentioned herein was not with merit.

    How many homeowners’ will continue to suffer from the judicial gatekeepers watch over status quo and in avoidance of the facts under a stare decisis doctrine is unsure. That’s the alternative t a bad decsion.

    M.Soliman
    expert.witness@live.com

  10. marilyn lane,

    Absolutely correct — and this is not happening.

  11. Are you aware there is a MERS in DE, but there is also a MERS in California but without the letter S in their name, Its system instead of systems.

    Are they the same company and its strange because they regestered to do business in 2010.

  12. It falls on the Chief Judge of each of the 50 States to see to it that the lower Court Judges follow the laws of the land and the Supremacy clause of our Constitution.
    The Chief Judges Can get the Cancers out of the Courts.
    This one by one, case by case ends up with some of the true homeowners getting justice and some of the true owners not getting justice.

  13. Your Honor the borrower did not break the law. The Bankster broke the law. Are we a nation of laws or a nation of Animals?

    NEVER AGAIN.

  14. Bottom line Your Honor. Yes we took the money.
    Yes they broke the law. We are supposed to be a nation of laws. We are not Animals? We are not Anarchist? or Are we your honor?

    NEVER AGAIN

  15. As Receiver — multiple name changes and sales– Receiver is aware of – – just reorganize — or outright purchase. Seeing no entities extinct by receivership process. . .

    MERS — it will be the loans NOT in default — that kills the system. False discharges- all over – by refinances.. MERS no standing — to discharge — loans NOT in default. So why should they have standing to discharge THOSE in default??

    brian davies, — reports on delinquencies?? — erroneous reports — they report whatever they want..

    David, — right — time for bottom feeders to come forward.

    Zoe – cannot assume anything.

    You have to get together — losing focus here — too dispersed. Need to focus — on the law — no court is going to give discovery on a silver platter – they do not care about bogus corporate accounting –You have to put fraud before THEM — ON THE SILVER PLATTER.

    Need to find what is false — and show it — and fight it — and all without relying on DISCOVERY – because will not get it — and if you do — will not cooperate.

    Again, much much fraud out there — but not seeing much that is going to get courts attention. Great for comrade support — but -need to do more homework – that will get courts attention.

    We are losing focus. . Know I will get angry replies from some posting here, but truth is — we are losing. And, if anyone has information that can change the situation, need court decisions — or to get that information in hands of those that can do something.

    If cannot do this individually — group together.

  16. Dear “john gault”

    Are there multiple issues at play? Commerce is a moving target and each transacton worthy of consideration.

    Statutory Laws: UCC regulates ‘Casher Checks’
    and Wire Transfers

    Related acts governed are during Origination, when ‘credit application’ allows ‘agent, broker, dealer, distributor’ to bring ‘property’ into public domain through supply chain to SELLER.

    SELLER brings to BUYER.

    BUYER issues Cashier’s Check and/or Wire Transfer and deposits (as per the Agreements) into SELLERS account, as Depositor, the funding (from the Cashier’s Check or Wire Transfer) into the Settlement Agent’s account of the Title Company of the Affiliate who is in Agreement with (? ? ? ).

    That Cashier’s Check or Wire Transfer will have REMITTER info, like a loan#, subject to UCC law.

    Clouding the issue is the who recording electronically transactions to get paid, if you will. The entity who is a MEMBER of MERS who recorded electronically in a virtual database, virtually from anywhere in the world, the transaction has nothing to do with the part of the transactions that do deal with UCC.

  17. Dear “tnharry,:

    You are absolutely correct that a series of cut and pastes are not an article worthy of publication.

    The Details carefully selected appear unrelated. Are they?

    The data facts captured as recorded wit the ‘Secretary of State’ Treasurer’s Department as provided by agents of the legal entities, as registered and doing business.

    Perhaps as a MERS MEMBER (1st 7 Digits of the MIN#). Did the party you did business with conceal their relationship?

    Did the MEMBER do business as a legal entity or a fictitous name or a trade name in furtherance of concealment and deception?

    The discussions will become more interesting as we include discoveries of facts that enable each party of the chain to knit together the 10,000 piece puzzel.

    Kind Regards,
    Mary Cochrane

  18. When did a series of cut and paste jobs become an article worthy of publication?

  19. Re no. 13: Last I heard, it was illegal to charge the borrower for an assignment fee, at least on an FHA or VA loan, so what the heck?

  20. @jig007 – VERY interesting and yes, now that you mention it, that is a conflict of interest. It’s also an incestuous relationship which should have been disclosed, as you say. Thanks for pointing this out.

  21. Re: no. 7. So if MERS is saying in Nov 2010 that notes are regulated by Article 3 of the UCC, why did it aver in Bledea v IndyMac, MERS, etal, 09-01239 dkt 73, D.C. E.D. CA on April 2, 2010 that notes are NOT negotiable instruments regulated by Article 3:

    ” California Section 3301 is inapplicable because it concerns negotiable instruments such as cashier’s checks, but NOT Notes secured by real property.”

    In Hilmon v MERS, 06-13055, D.C., E.D. MI:

    “Promissory Notes are NOT governed by Articles 3 or 4 of the UCC. Promissory notes are NOT negotiable instruments under the UCC Article 4; rather they are security interests covered under Article 9.”

    “You don’t need a weatherman to know which way the wind blows”. Nah, that’s not MERS. It’s Dylan.
    Their bs tendancy to shift with the wind made me think of it.

    MERS is so full of it – they tell a different story every time they think they need to.
    They’ve got an identity crisis, too. One day Mers is the nominee, then agent, then beneficiary. They even had the cheek to tell a court that they receive payments from homeowners, as if this were rote or sop. (Mitchell – NV) Mr. Hultman inferred or said (I forget) in a deposition in NJ that MERS has an interest in the note.
    “There outta be a law against you coming around. You outta be made to wear earphones.” Yeah, more Dylan.

  22. Its not what you know. Its who knows you. It is all about the Chain of title. C’est Tout. Everytime we get close they (the judges and politicians) change the rules.

    I know $5 a gallon of gas in 2 weeks. That is what I know. Which means home prices are going down.

    I know that armagedon is just around the corner.

  23. PEOPLE

    MERS has standing. Believe me they have standing. Thats the bad news. Judge said “Even if MERS activities were unlawfull….SO? What does it have to do with your delinquency and default? Response – MERS has no standing to represent a charged or written down asset such a stock as in Trust Common shares.

    Here’s the issue as this is what is represented and the basis for MERS executing documents. MERS does have standing to represent a creditor.

    Have your counsel call me. This is of significant merit if your going to court.

    [The closer we get the farther we pull away from the right answers. I wrote the PPM and funded around MERS and know instinctively the vulnerability for the creditor argument.

    But its Saturday and ….and ummmm, Im tired and …..Maybe Ill just move, and Hmmmm ….later …and ahhhh]

    “It’s not what you know, it’s what you can prove.”

    M.Soliman
    expert.witness@live.com

  24. Please Select A Company Below:
    FDIC AS RECEIVER FOR OMNI NATIONAL BANK
    FDIC AS RCVR OF CITIZENS COMMUNITY BK,RIDGEWOOD,NJ 5/11/09
    FDIC as Rec of Coastal Community Bank,Panama city, FL7/30/10
    FDIC as Receiver for AmTrust Bank
    FDIC AS RECEIVER FOR BAY NATIONAL BANK, BALTIMORE, MD
    FDIC as Receiver for Colonial Bank,

    Etc etc…..THANK YOU !

    MSOLIMAN

  25. CERTEGY TRANSACTION SERVICES, INC.
    aka Fidelity National Transaction Services…
    IN WA – UBI# 602222137
    State of Incorporation: GA
    WA Filing Date 7/24/2002
    Expiration Date 7/31/2011

    Governing Persons
    Title Name Address
    President,Chairman ,Director ROESE , WILLIAM C 11601 ROOSEVELT
    BOULEVARD NORTH
    ST PETERSBURG , FL
    Vice President,Secretary,Treasurer,Director CRAVEY , LYNN 11601 ROOSEVELT
    BOULEVARD NORTH
    ST PETERSBURG , FL

  26. INVESTMENT PROPERTY EXCHANGE SERVICES, INC.referenced from MD. Now look in WA.

    In the State of WA UBI-601365185
    Reported as CA Entity
    Registered 1/23/1992
    Expiration 1/31/2012

    Governing Persons
    Title Name Address
    President WUNDERLICH , JOHN 171 N CLARK STREET
    CHICAGO , IL
    Vice President,Secretary,Director GRAVELLE , MICHAEL 601 RIVERSIDE AVE
    JACKSONVILLE , FL
    Chairman ,Director QUIRK , RAYMOND 601 RIVERSIDE AVE
    JACKSONVILLE , FL
    Vice President,Treasurer MURPHY , DANIEL 601 RIVERSIDE AVE
    JACKSONVILLE , FL
    Vice President,Director PARK , ANTHONY 601 RIVERSIDE AVE
    JACKSONVILLE , FL

    NOTE: There is another registration for same company name with a different UBI number:
    601960747
    Entity is inactive.
    WA Filing Date 06/11/1999
    Expiration Date: 06/30/2000
    Inactive Date: 09/18/2000

    Governing Persons
    Title Name Address
    Vice President,Director WILLEY , FRANK 3916 STATE ST STE 300
    SANTA BARBARA , CA
    Chairman FOLEY, II , WILLIAM 3916 STATE ST STE 300
    SANTA BARBARA , CA
    Treasurer,Director STINSON , ALAN 3916 STATE ST STE 300
    SANTA BARBARA , CA
    Secretary JONES KANE , M’LISS 3916 STATE ST STE 300
    SANTA BARBARA , CA
    President BUTLER , RADAH 3916 STATE ST STE 300
    SANTA BARBARA , CA

  27. How is Mortgage Electronic Registrations Systems Registered as a business entity in the great state of Washington?

    It’s a general purpose business entity who engaged in all 50 states.

    Someone registered in WA

    6/3/2009
    Inactive 9/25/2009

    Was Mortgage Electronic Registrations Systems,Inc moved out of DE?

    Registered Agent:
    Robert Jacobsen
    93 S. Jackson St. Dept 37265
    Seattle WA 98104
    Expiration 6/10/2010

    GOVERNING PERSONS
    Governing Persons
    Title Name Address
    ALL Officers JACABSEN, ROBERT PO BOX 1386
    LAFAYETTE, CA

  28. Curious who Federal Mortgage Company, Inc. I clicked in MERS and saw state of WA.

    I clicked business entity search, WA, and searched
    Federated motgage and up came:

    FEDERATED MORTGAGE COMPANY
    Domestic Entity to WA
    Filed: 11/30/1984
    Expiration 11/30/2011

    http://www.sos.wa.gov/corps/corps_search.aspx

    MERS and revealed:

    Corporate Name: Federal Mortgage Company Inc
    Address: 2371 Eastlake Avenue East
    City,State,Zip: Seattle, WA 98102
    Toll Free Number: (800) 545-1333
    Direct Number: (206) 325-8400
    Fax Number: (206) 325-8482
    Primary Contact: Conrad Wouters
    Website: http://www.fedmtg.com
    Member Org ID: 1004947
    Lines Of Business: Originator, Servicer, Subservicer, Investor, Document Custodian, Broker
    eRegistry Participant: Yes
    eDelivery Participant: No

    Federal Mortgage Research Company, Inc. has discretely obtained funding for over $1 Billion in real estate loans over the past 20 years by providing efficient and personalized mortgage services for individuals seeking to purchase or refinance real property in the Pacific Northwest.

    We are different in that we do not advertise our services: Instead, we provide useful information on real estate sales trends, underwriting changes, and lending industry changes which affect this area. We then assist our clients in planning the best available real estate financing for each specific scenario. We obtain referrals from satisfied clients, real estate professionals, bankers, attorneys, CPAs, and others who have found our services to be honest and very efficient
    With a vast array of lending programs including FNMA, FHLMC, FHA, VA, Reverse Mortgages, and more we can offer a wide variety of solutions customized for each client’s specific needs and financial strategy.
    SMBA
    WAMB
    NAMB

    Refinance
    We can help you refinance your home to lower your rate and payment up to a 125% loan to value. Or you can refinance to obtain cash out for debt consolidation up to 80% loan to value. Also we can help if you are getting divorced or separating from a partner and need to restructure real estate debt.

    Special Programs
    We have several new portfolio programs with excellent terms that do not require fully documented income. Call us on for details!

  29. Corporate Name: Federal Home Loan Mortgage Corporation
    Address: 8200 Jones Branch Drive
    City,State,Zip: McLean, VA 22102
    Toll Free Number:
    Direct Number: (703) 918-8579
    Fax Number: (703) 738-2141
    Primary Contact: mers@freddiemac.com .
    Website: http://www.freddiemac.com
    Member Org ID: 1000106
    Lines Of Business: Servicer, Subservicer, Investor, Document Custodian
    eRegistry Participant: Yes
    eDelivery Participant: Yes

  30. Corporate Name: Fannie Mae (Reverse Mortgages)
    Address: 3900 Wisconsin Ave
    City,State,Zip: Washington, DC 20016
    Toll Free Number:
    Direct Number: (202) 752-7000
    Fax Number: (202) 752-7000
    Primary Contact: Crystal Crier
    Website: http://www.fanniemae.com
    Member Org ID: 1005586
    Lines Of Business: Originator, Servicer, Subservicer, Investor, Document Custodian
    eRegistry Participant: No
    eDelivery Participant: No

  31. Corporate Name: Fannie Mae
    Address: 3900 Wisconsin Avenue
    City,State,Zip: Washington, DC 20016-2892
    Toll Free Number:
    Direct Number: (202) 752-7000
    Fax Number: (202) 752-7000
    Primary Contact: Anita Cooper
    Website:
    Member Org ID: 1000130
    Lines Of Business: Servicer, Subservicer, Investor, Document Custodian
    eRegistry Participant: Yes
    eDelivery Participant: Yes

  32. Please Select A Company Below:
    FDIC AS RECEIVER FOR OMNI NATIONAL BANK
    FDIC AS RCVR OF CITIZENS COMMUNITY BK,RIDGEWOOD,NJ 5/11/09
    FDIC as Rec of Coastal Community Bank,Panama city, FL7/30/10
    FDIC as Receiver for AmTrust Bank
    FDIC AS RECEIVER FOR BAY NATIONAL BANK, BALTIMORE, MD
    FDIC as Receiver for Colonial Bank, effective 8/14/09
    FDIC as Receiver for First Bank of Idaho
    FDIC as Receiver for First National Bank of Nevada
    FDIC as receiver for Franklin Bank SSB
    FDIC As Receiver for Franklin Bank, S.S.B.
    FDIC as Receiver for IndyMac Federal Bank, FSB
    FDIC as Receiver for Statewide Bank (Crrspndt) AsOf 3/12/10
    FDIC as Receiver for Statewide Bank (Wholesale) AsOf 3/12/10
    FDIC as Receiver for Washington Mutual Bank
    FDIC as Receiver for WATERFIELD BANK 3/5/10
    FDIC AS RECEIVER OF AMERIBANK, NORTHFORK, WV (9/17/08)
    FDIC AS RECEIVER OF PARK NATIONAL BANK, (10/30/2009)
    FDIC as Receiver of American National Bank (3/19/10)
    FDIC as Receiver of Bank of Illinois (3/5/2010)
    FDIC AS RECEIVER OF BEACH FIRST NATIONAL BANK AS OF 4/9/2010
    FDIC as Receiver of Centennial Bank, Ogden, UT (3/5/2010)
    FDIC AS RECEIVER OF COLONIAL BANK MONTGOMERY, AL(8/14/09)
    FDIC as Receiver of Desert Hills Bank, Phoenix, AZ, 3/26/10
    FDIC AS RECEIVER OF FIRST COMMUNITY BANK,TAOS,NM (1/28/11)
    FDIC AS RECEIVER OF FIRST SOUTHERN BANK(AR), 12/17/2010
    FDIC as Receiver of FirsTier Bank Louisville, Co (1/28/2011)
    FDIC AS RECEIVER OF FRONTIER BANK, EVERETT, WA (4/30/2010)
    FDIC as Receiver of Guaranty Bank, Austin, TX 8/21/09
    FDIC AS RECEIVER OF HOME NATIONAL BANK (7/9/2010)
    FDIC As Receiver of Irwin Union Bank and Trust, as of 9/18/2
    FDIC AS RECEIVER OF K BANK, OWINGS MILLS, MD (11/5/10)
    FDIC as Receiver of Netbank
    FDIC as Receiver of North Georgia Bank (2/04/2011)
    FDIC AS RECEIVER OF PALOS BANK AND TRUST, IL (8/13/2010)
    FDIC AS RECEIVER OF PIERCE COMMERCIAL BK,TACOMA WA(11/5/10)
    FDIC as Receiver of Platinum Community Bank, as of 9/24/2009
    FDIC as Receiver of Platinum Community Bank, FSB of9/24/2009
    FDIC as Receiver of Premier Bank , 10/15/2010
    FDIC as Receiver of Republic Federal Bank N.A. 12/11/2009
    FDIC as Receiver of Riverside Bank of Florida, 4/16/2010
    FDIC as Receiver of Security Savings Bank, (2/27/09)
    FDIC AS RECEIVER OF UNITED WESTERN BANK,DENVER CO(1/21/2011)
    FDIC AS RECEIVER OF WESTSOUND BANK
    FDIC AS RECEIVER OF WOODLANDS BANK, BLUFFTON, SC (7/16/2010)
    FDIC as Reciever of New South Federal Savings Bank
    FDIC as Reciever of USA Bank (7/9/2010)
    FDIC Receiver for First Arizona Savings (FAS), 10/22/2010

  33. Corporate Name: MERS Link Subscriber
    Address: 1595 Spring Hill Road Suite 310
    City,State,Zip: Vienna, VA 22182
    Toll Free Number: (800) 646-6377
    Direct Number: (703) 761-1270
    Fax Number: (703) 748-0183
    Primary Contact: PPD MERS
    Website: http://www.mersinc.org
    Member Org ID: 1002500
    Lines Of Business: Title Company
    eRegistry Participant: No
    eDelivery Participant: No

  34. ALL: I am sorry to clutter up the thread.

    LPS and Fidelity are important to how transactions moved interstate and intrastate.

    Any transaction involving commerce is governed by law.

    To figure out who, check
    Business Entity Search
    to get more information on
    Who, how, when, where, what hat the entity was wearing at the time a transaction occurred and what law will apply.

    MERS MEMBER
    https://www.mersonline.org/mers/mbrsearch/mbrsearch.htm

  35. jig07 – Amazing questions that need to be considered by the SMARTEST GUYS IN THE ROOM!
    Lawyers who educate other lawyers!

  36. Congress never considered the impact of GLB Act.
    1990’s bank holding companies morphed into financial holding companies in 2000.
    I selected from MERS MEMBER
    ‘Fidelity’ results below.

    I looked on Secretary of State website for MD where all of the SELLER’s Settlement Agent deposits are located in the Corporate Securities Treasury.

    In Maryland:
    Tradename
    Fidelity Mortgage Funding
    Entity Name: FIDELITY MORTGAGE FUNDING
    Dept ID #: T00129935
    8/4/1999 Name Registration
    9/24/2004 Lapsed at end of term

    Status:
    FORFEITED
    Owner (Primary):
    FIDELITY MORTGAGE FUNDING, INC.
    7 E SKIPPACK PIKE
    AMBLER, PA 19002 – 5308

    Location:
    FIDELITY MORTGAGE FUNDING
    314 HIGH ST
    CAMBRIDGE, MD 21613

    Renewal Notice Date:
    03/16/2004
    Expiration Date: 08/04/2004

    Domestic Entity
    Fidelity Mortgage and Finance CO.
    09-27-1996 Articles of Incorporation
    1200 W. 36TH STREET
    BALTIMORE, MD 21211

    09-23-1997 Change of PO
    10/07/2005 Entity forfeited failure to file property return for 2004
    Fidelity Mortgage USA, Inc. aka Fidelity Mortgage Services
    28 SCHOOL ST
    BRANFORD, CT 06405 3328

    FORMATION CT
    STATUS INCORPORATED
    11/28/2007
    11/26/2008
    5/29/2009
    10/26/2010
    Above dates property assessments summary
    AGENT:
    NATIONAL REGISTERED AGETNS OF MD, 2ND FLOOR, 836 PARK AVE BALTIMORE MD 21201

    MERS MEMBER ‘Fidelity Search:

    Please Select A Company Below:
    Fidelity & Trust Mortgage, Inc.
    Fidelity Bancorp
    Fidelity Bank
    Fidelity Bank – (KS)
    Fidelity Bank (MI)
    Fidelity Bank Mortgage
    Fidelity Bank of Texas
    Fidelity Bank, PaSB
    Fidelity Bank, Wichita Falls
    Fidelity Financial Mortgage Corp dba Fidelity Mtg Capital
    Fidelity First Home Mortgage Company
    Fidelity Funding Mortgage Corp.
    Fidelity Home Mortgage Corporation
    Fidelity Home Mortgage, LLC
    Fidelity Homestead Savings Bank
    Fidelity Information Services
    Fidelity LLC
    Fidelity Mortgage Corporation
    Fidelity Mortgage Direct Corp
    Fidelity Mortgage Group Inc.
    Fidelity Mortgage Lending, Inc.
    Fidelity Mortgage Services, Inc
    Fidelity Mortgage, Inc.
    Fidelity One Mortgage
    Fidelity One Mortgage Group Inc.
    Fidelity State Bank & Trust Co.

    What about Fidelity Mortgage Services, inc

    Entity Name: FIDELITY MORTGAGE SERVICES, INC.
    Dept ID #: D02109403

    Mailing Address
    ________________________________________
    AAMERICA FIRST FINANCIAL CORPORATION
    HOWARD FINE
    2211 MARYLAND AVE.
    BALTIMORE, MD 21218

    4/8/1986 Article of Incorporation
    Amendment with Name Change AAMERICA FIRST FINANCIAL CORPORATION

    FROM: FIDELITY MORTGAGE SERVICES, INC. to?
    EFFECTIVE DATE: 04/08/1986 AT 12:55 P.M.
    10/11/1989 failure to file personal property return forfeited
    Fidelity Mortgage Warehouse Inc.
    F05817143

    05/30/2000 Qualification
    12/07/2001 Resolution
    05/24/2004 Resolution
    11/20/2006 Resident Agent Change of Address
    11/16/2009 Entity forfeited for failure to file return for 2009.

    The Business Entity Search very valuable in finding information to help you with your research.

  37. LPS CORPORATION
    C/O WALT HAMMOND
    P O BOX #609
    RIVA, MD 21140

    A Maryland Domestic for Profit Corporation
    Formation 05/07/1994

    Principle Office
    735 Intrepid Way
    Davidsonville MD 21218

    Resident Agent:
    Walt Hammond
    735 Intrepid Way
    Davidsonville, MD 21035

    Note 2 different zip codes.

    Stock

    05/07/1991 – Article of Incorporation
    10/07/1999 – Resolution
    10/07/2002 – Entity forfeiture failure file return
    for 2001

  38. CERTEGY TRANSACTION SERVICES, INC.
    601 RIVERSIDE AVENUE
    JACKSONVILLE, FL 32204

    Also known as:
    Fidelity National Transaction Services, Inc.
    F06931752
    Formation: GA
    11720 Amber Park Drive Suite 600
    Alpharetta GA 30004

    Good Standing
    Ordinary Business – Stock

    07/24/2002 Formation in GA filed Qualification
    03/10/2006 Resolution
    07/12/2006 Statement of Name Change
    From Certegy Transaction Services Inc
    To Fidelity Nation Transaction …
    12/01/2009 Resident Agent Change of Address
    03/29/2011 Name Change
    From Certegy Transaction Services Inc
    To Fidelity National Transaction…

    07/12/2006
    Name Change from Certegy Transaction Services, Inc to: Fidelity National Transaction Services, Inc.
    Agent CT Corp
    Rudene Rembert
    1201 Peachtree St NE
    Atlanta GA 30361
    05/08/2006 domestic profit corp name change. Title 14 Officila Code of GA
    Annotated and is prima-facie evidence of the existence or nonexistence of the facts tated within the document file in GA.

    3/10/2006 Resolution
    Resident Agent Changed to:
    Corporation Trust Inc
    300 East lombard St
    Baltimore MD 212002

    Lynn Cravey Secretary
    Lauren Froman Assistant Secretary

    7/24/2002
    Certegy Transaction Services, Inc.
    11720 Amber Park Drive
    Alpharetta GA 30004
    Jeffrey S. Carbiener
    President

    Formed in Georgia:

    “Foreign Corporation Qualification:
    “Has not done intrastate, interstate or foreign business in MD before qualification or registration as a foreign Corporation or after the qualification or registration was cancelled.”

    Registered Agent:
    CSC Lawyers Inc Svc Co
    11 East Chase St, Baltimore MD 21202
    Deborah D. Skipper
    Resident Agent
    AVP

  39. INVESTMENT PROPERTY EXCHANGE SERVICES, I
    Formerly known as
    Entity Name: FIDELITY NATIONAL 1031 EXCHANGE SERVICES, INC.
    Dept ID #: F05353024
    CA Formation
    Mailing Address
    ________________________________________
    INVESTMENT PROPERTY EXCHANGE SERVICES, I
    601 RIVERSIDE AVENUE
    JACKSONVILLE, FL 32204

    06/14/1999 Qualification
    11/22/2000 Forfeiture failure to file property returns
    10/26/2001 R-Qualification/Name Change
    THIS AMENDMENT RECORD INDICATES THE NAME CHANGE FROM:
    FIDELITY NATIONAL 1031 EXCHANGE SERVICES, INC. TO:
    INVESTMENT PROPERTY EXCHANGE SERVICES, INC..
    12/04/2003 – Resolution
    12/01/2009 Resident Agent Change of Address

    Radah Butler President
    M. Liss Jones Kane, Secretary

    2001- INVESTMENT PROPERTY EXCHANGE SERVICES, INC..
    Fidelity National Financial
    Michael McArthur
    Tax Department
    4050 Calle Real
    Santa Barbara CA 93110

    “has not done intrastate, interstate, or foreign business in MD before qualification as a foreign Corporation or after qualification or registration was cancelled?

    MD Registered Agent:
    Corporation Trust Inc.
    300 East Lombard St
    Baltimore MD 21202
    Jeffrey Graves
    Assistant Secretary

    Does 2001 Disclosure mean? As Investment Property Exchange Services, Inc?

  40. What is very disturbing on Deeds of Trust are the role of the Trustees and lack of transparency. On the MERS website “click” on the (About Us) tab. Next “click” on the (Shareholder Tab). It is of no surprise, many of the title companies and banks are shareholders of MERS. This begs of the question. If I am “Trustee” on a Deed of Trust and simultaneously a shareholder of the beneficiary, am I acting in a dual agency capacity? Many intelligent sources on this blog admit the fiduciary or trustee can favor the “Beneficiary” over the Trustor. However, that being the case, was there ever a fiduciary responsibility of the trustee to disclose the relationship to MERS? Did the trustee on your Deeds of Trust “Benefit Financially” from the relationship with MERS? If so, is a benefit to the trustee on a document undisclosed, truthful? Is the trust valid?Many borrowers signed an “Affiliated Business Arrangement Disclosure Relationship” document. The document stipulates and discloses certain business relationships with other affiliates and other company held businesses which state ” verbatim” the following, “Because of this relationship, this referral may provide XYZ Title Company (trustee) a financial or other benefit”. Why wasn’t their relationship with MERS disclosed on this document? Not knowing then what we now know about clouded titles and MERS, if the aforementioned disclosure was made at the signing, would we have opted for a different method of recording title? Were we targeted and steered onto the MERS system? Were we entitled to other methods of recordation as a borrower? If we opted for the old standard of title recordation, our trustee may have had to disclose to borrrowers that our mortgages were going to be sold on the secondary market. Once onto MERS however, it was “FULL STEAM AHEAD”!!!

  41. Consider the fact that not all of the MEMBERS transactions are recorded.

    Wells Fargo & Bear, Stearns & Co dba JPM now do not record their ‘retail’ transactions.

    Does that mean as SERVICER? only when retail transactions are with consumer ,

    We can’t forget sub-servicers servicing rights are sold to.

    Important profit area for financial holding companies who sell between themselves transactions.

    Or did they only record the sub-servicing when not one of their own divisions?

    Or…

  42. @ Brina Davies:

    You wrote….”You be[at] MERS when the original lender is not a member and therefore can not be the nominee See RJN MERS subpoena.”

    Can you point me towards this RJN subpoena? I’m attempting to prove this non-member issue.

    Thanks

  43. Apologise for my typing and errors therein

  44. Marylynn
    the trustees deed upon sale issued, was then recorded bythe foreclosure mill agant FOR fidelity national title, the foreclosure mill get their marching orders from lps…all the transfers if foreclosing “authority” was via robo signed document chain starting with mers signing to indymac ( done. Couple of days prior to nots)
    I can’t connect all the dots yet but thus stinks if collusion and fee splitting and a planed and cincerted effort to extort rhe real property

  45. Mary thanx
    re The obligation
    …. We must proove there was no good faith on the lenders part by what they did with the security instrument being collection rights. But UNSECURED by the real
    property
    using the MERS platform for fraud is a
    distraction and wr have the MDL who will have the final say. For now I’ll continue my private causes if action. What MERS say and what their “officers” do are indeed two different things hmmmm
    Prooving intention is tough especially when we have goliaths infront barring our way forwArd with full coprrstion of FDIC and the government. My heart sinks daily. Happy Saturday.

  46. Neil
    I pressed the words” Merscorp and Fidelity National Title” in to google search and I came up with alot of interesting info especially one called “Mers & Merscorp Multi district Litigation Pleading Mers”
    You would understand what it said far better than I did. I was looking because I wanted to find the connection between Mers and Fidelity National Title.
    I am trying to help get the crooks anyway I can.

  47. MERS DISLCOSURE:

    Mortgage Electronic Registration System, Inc., (Mers) is named on your mortgage as the mortgagee in a nominee capacity for *** (lender). Mers is a company separate from your lender that operates an electronic tracking system for Mortgage rights.

    (True lender was not disclosed)

    Mers is not your lender; it is a company that provides alternative means of registering the Mortgage lien in the public records. Mers maintains a database of all the loans registered with it, including the name of the lender on each loan. Your lender has elected to name Mers as the mortgagee in a nominee capacity and record the mortgage in the public land records to protect its lien against your property.

    Naming Mers as the mortgagee and registering the mortgage on the Mers electronic tracking system does not affect your obligation to your lender, under the promissory note.

    “Where does it say that they “Won’t” or “Does not” follow lien theory state laws of recording or it “Won’t” or “Will not” file at local county records office.

    Am I seeing something that I want to see??

  48. They wsnt their money now whilst it might be worth something they don’t care they don’t give a tiny fart about our homes the mess if makes of communities when hoa,s let these homes spoil
    Liquidate is their motto now. Then get the hell out because by the time the atty gs have finished their butts will be covered retroactively ! I’m so mad I could spit god help me when I’m furious… But still it’s not over till the fat lady sings so I agree with Brian .., you best them on the FACTS
    Question how can mers have standing as a straw man. How can a mers officer ( aska robo signer) be acting legally wthin his authorized capacity without personal knowledge and transfer something thst is not held in the first place and 2. Is impossible because of the break in chain to know what the heck happened with security instrument since the integrity of the record is questionable being never recorded and then when it was it was retroactive And for the sole purpose to get their mission accomplished.
    By the way did anyone realise on the day of signing you gave permission to have your ” loan”
    handled by MERS or understand thst in doing so title to your home would be clouded and thst the integrity if the record would be compromised beyond redemption . I know court doesn’t like that argument. I like solimans thinking he has the background to have such an opinion and he works it well but mr Soliman… Mers is all over my deeds if trust .., as BENEFICIARY might I add solely as nominee for the pretender/ table lender… My loan went straight into MERS at that table the min number was there the form is a mers form the intention was to sell the Losn..,We know but to who…the record doesn’t say… According to the note I promised to pay but god knows who…the note didn’t move…so with whom Who was the Security instrument negotiated and under what secret set of terms and conditions …never revealed to me at
    signing so getting the general ledger would reveal this or lead to the discovery of this. Also don’t forget instrument must be indorsed at signing or within a short period…( ucc)
    2 yrs out at foreclosure time ducks are all lined up . Oh they are fake ducks

    digress, but anyhoo…I had indymac as servicer well actually sub servicer for wells Fargo as master servicer… Supposedly in a deutsche bank trust… tell me
    again why we are all so confused

  49. SIGNIFICANT:

    GMAC MORTGAGE CORPORATION OF IOWA MERGER 12/13/1994

    Mailing Address:
    GMAC MORTGAGE CORPORATION OF IOWA
    CORPORATE ACCOUNTING
    8360 OLD YORK ROAD
    ELKINS PARK, PA 19117

    12/13/1994 CERTIFIED STATEMENT MERGER OF
    12/13/1994 GMAC MORTGAGE CORPORATION OF IOWA ( A IA CORPORATION) INTO
    12/13/1994 GMAC MORTGAGE CORPORATION OF PA. (A PA CO RPORATION) (SURVIVOR)
    8/23/1985 Amendment NC From Norwest Mortgage Inc to GMAC GMORTGAGE CORP OF IA
    5/9/1983? Name Change From BANCO MORTGAGE CO to Norwest Mortgage, Inc.
    9/15/1976 – Qualification -BANCO Mortgage Company

    CERTIFIED STATEMENT MERGER OF GMAC MORTGAGE CORPORATION OF IOWA ( A IA CORPORATION)
    INTO GMAC MORTGAGE CORPORATION OF PA. (A PA CO RPORATION) (SURVIVOR)
    Formation: IA 9/15/1976
    PO Box 1411, Minneapolis MN 55440
    Mailing Address:
    GMAC MORTGAGE CORPORATION OF IOWA
    CORPORATE ACCOUNTING
    8360 OLD YORK ROAD
    ELKINS PARK, PA 19117

    Principal Office
    PO Box 1411
    Minneapolis MN 55440
    Formation: 9/15/1976
    Formation: IA

    12/31/1994 Statement Merger
    CERTIFIED STATEMENT MERGER OF GMAC MORTGAGE CORPORATION OF IOWA ( A IA CORPORATION)
    INTO GMAC MORTGAGE CORPORATION OF PA. (A PA CO RPORATION) (SURVIVOR)

    8/23/1985 Converted Amendment with Name Change
    Amendment NC from: NORWEST MORTGAGE, INC. to GMAC MORTGAGE CORP OF IOWA
    5/9/1983 Converted Amendment with NC
    Amendment NC from: BANCO Mortgage Company to NORWEST MORTGAGE CORP
    8/16/1982 Change of RAA
    9/15/1976 Qualification

    Agent: The Corp Trust Inc., 32 South St, Baltimore MD 21202
    ____________________________________________________

  50. Re: The A-Man
    It is not MERS foreclosing, it is the bottom feeder, scumbags that found your info somewhere and have taken it upon themselves to act out their greedy fantasy.
    The fed. judge in our neighborhood won’t stop them; he says it will be up to congress, and the supreme court, to determine the outcome…
    If you are not a religious person, I guess this is how they sold the masses on religion. By demonstrating that mans laws are meaningless, as applied to the .5%, where else does a non-violent being have to turn?
    Voting sure does not seem to have much effect.
    O-Bummer!

  51. So why are they foreclosing in California? BoA

  52. Nothing in Government Happens by Accident:

    Physics plays important role for energy of the “SPIN” creates “Momentum to Foreclose.”

    Without energy over 24 months, Principal Reduction Consultants, LLC secure principal reductions including Bank of America.

    A few CPAs that have negotiated 334 principal reductions over 24 months.

    Many (3) or more of these principal reductions are 40-60 % of initial face principal value of the notes
    or re-casting of these loans after applying all of the insurances!

    The fuel? Lenders looking for least resistance and shortest distance to hitting loss share insurance funds$$.

    80% of the loss created by selling the home as REO and subtracting this sale price from the face value of the note creates an absolute loss and is paid by the FDIC or some other government or CDS insurance loss subsidy.

    ‘Sharktales’ of former Presidents Clinton & Bush’s administration are allowed to purchase failed banks with borrowed money guaranteed to create massive returns by the US Government.

    Why would Congress ignore recasting subprime predatorial notes at 90% NPV also allows the banks to receive subsidies for the losses.

    Keep their homes and pay more affordable mortgages and stem the huge flow of inventory or REO onto the market

    http://www.PrincipalReductionConsultants.com

  53. What is wrong with this picture.
    It took 1.5 years for Bank A to assign mortgage to MERs. Now MERS assigns to servicer ( Bank B) . The officer of MERS is also officer of servicer ( Bank B) who basically assigning mortgage to itself who now claims to be beneficiary and try’s to foreclose.. .

  54. http://www.scribd.com/doc/51728402/OPPOSITION-TO-MERS-DEMURRER-TO-FOURTH-AMENDED-COMPLAINT-WITH-REQUESTS-FOR-JUDICIAL-NOTICEMers-Oppo-4th-Rjn-03-25-11

    You beat MERS when there is late assignments into the Trust.
    You be MERS when the original lender is not a member and therefore can not be the nominee See RJN MERS subpoena.
    You beat MERS when the judge rules on Standing See RJN Doc #64.
    You beat them on the chain of assignments. You beat them when all the facts fall into your favor, you explain it to the judge and it makes sense.
    You still need hard work, and luck and alot of help.

    You need to be in the solution and use the documents not conclusions.

  55. March LPS Mortgage Monitor Report: 30% of Loans in Foreclosure have not made a Payment in Over 2 Years

    Inquiring minds are reading the March 2011 LPS Mortgage Monitor.

    There is a bit of good news in the report. Delinquent and Non-Current Rates are improving. However, the rates are still exceptionally high historically. Also, some of the foreclosure data is skewed by moratoriums and reworked loans.

    On the other hand, option ARM foreclosures have increased dramatically over the last six months and 30% of loans in foreclosure have not made a payment for at least two years. 47% of those in foreclosure have not made a payment for at least 18 months.

    Charts and Comments from the LPS Report

    Delinquencies remain about twice the 1995-2005 average, foreclosure inventories are 7.8 times historical “norms”.

    30% of loans in foreclosure have not made a payment in over 2 years.

    February Month-End Data: Conclusions

    * Delinquency rates resumed their decline after an increase in January and foreclosure inventories remain stable, slightly below historic highs.
    * Delinquencies continue to improve as new problem loan rates decline and cure rates increase.
    * Foreclosure start declines and foreclosure suspensions are reducing the upward pressure on inventories caused by foreclosure sale moratoria.
    * An enormous backlog of foreclosures still exists with overhang at every level:
    * There are three times the number of loans deteriorating greater than 90+ days delinquent as compared to foreclosure starts.
    * There are also three times the number foreclosure starts vs. foreclosure sales.
    * Foreclosure inventory levels are over 30 times monthly foreclosure sale volume.

  56. So when the MERS ID says the investor that prefers not to be disclosed, we can assume it is Freddie Mac?

    MERS ID gives notice to the world about the owner of the note, yet an investor can decide not to be disclosed?

  57. it still seems law firms are foreclsong in the name of MERS.

  58. .. .. .. .foreclosure affidavit that addresses, the authorization under which a MERS Certifying Officer validly assigned the mortgage to the foreclosing note-holder.

    MERS Certifying Officer cannot validly have assigned the mortgage to the foreclosing note-holder. Not without Enron WWIII.

    MSoliman
    expert.witness@live.com

  59. Bryce

    As for the Dan E incident. In hind sight …..Would I have not done this? I don’t know. I called Dan and we did talk. He is a stand up first class guy and where he or this site is taking hits from frustrated customers……I won’t listen to it (wish it was reciprocal)

    I asked him what I’ll ask you to consider:

    How does Pooling and servicing records benefit the mater in light of the following-

    1. MERS has standing – lock stock and barrel. Cannot beat MERS (Joinder) MERS has standing
    2The Bank holds the notes. Bottom line – never lost.
    3. Were the loans sold into a Trust Preferred or Trust Common trust capital structure? Well?
    4. Is there anything fraudulent with the securitization approach? No! I believe it’s all legal (well …..)
    5. Securities arguments, SarBox, FIRREA and FASB are all lost to the defenses.

    Dan’s trying and offers a solid IT background yet winging it for argument’s that clearly show THE LOAN WAS NEVER SOLD INTO A TRUST NEVER!

    You cannot bring anything SEC related into these cases. No pooling and servicing agreements. Focus on the condition precedent. There is a straightforward simple to approach to the foreclosure problem and I am joining two big cases going to trial with great attorneys who believe in my arguments.

    I would not necessitate you introduce anything securities related. The arguments should focus on focus on foreclosure “egress” vs. “ingress” leading to violations and claims for misfeasance brought in foreclosure.

    My God, man! Did I not speak of the coming preemptive strike that went down on October of last year? The FDIC struck the Safe harbor provision and will strike out anything material that gets in its way.

    I have a client who I feel for as he is way overboard trying to piece together the reengineering of CitiGroup companies, securities offering and merger of assets. Another client won’t believe that Countrywide, BofA’s partners in crime, must be replaced. And they have been substituted out for ReconTrust N.A.

    Do you know why?

    Before you can do a securities chart and graph or prepare to argue securities malfeasances – – – you must reconstruct the general ledger.

    M.Soliman
    expert.witness@live.com

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