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“We’re a nation of laws. Everyone knew that MERS didn’t have the right to appear as a beneficiary, but it would have been inconvenient to act on this because MERS was in widespread use throughout the banking industry. It was wrong, wrong, wrong, but everyone was doing it. Just like they were doing ‘no-doc’ loans and other sleights of hand. Just like the banks were doing so many bad things to homeowners. All they wanted to do was increase their profits – no matter who it hurt or how wrong their practices might be.” — Philip Kramer


Editorial Note: The agencies are starting to realize that MERS is like a cancer that spread throughout the mortgage markets and spilled over onto the balance sheets of banks who were “members.” The banks that are regulated by OCC now must deal with the fact that their balance sheet assets, many of which are considered to be tier 1 assets are not just downgraded to Tier 3, but in actuality are wiped off completely.

The effect of this action, is to cast doubt, at a minimum, on a substantial amount of the assets on the balance sheets of such banks. This in turn reduces the reserve that banks must keep against lending and other activities. The net effect is going to be a reduction in the size of many banks as they crank down to reflect the reality that has been true all along: the mortgage, notes and obligations claimed on the balance sheet neither existed, nor were they ever assets of the bank.

In turn, the effect on the marketplace and the cases that have gone through the court system and the cases that are going through the court system, is that any MERS mortgage or Deed of Trust is obviously flawed, defective, unenforceable just as we have been saying all along. The effect of naming MERS was the same as naming Donald Duck as Mortgagee or Beneficiary. There was, in effect, no Mortgagee or beneficiary, which means that (a) the loan specified in the promissory note executed by the borrower was never secured by a perfected lien and the Mortgage Deed or Deed of Trust, can now be attacked in a quiet title action, and (b) any foreclosure based upon a MERS deed should be dismissed. This would reduce the “asset” to an unsecured claim against a homeowner who is probably broke, and without any collateral on which to they can rely to mitigate “damages.”

But there are no damages. The effect also includes a probable consequence with respect to the obligation itself. As the agencies unravel this scheme of the illusion of securitization, they are coming to realize that the note itself does not describe the actual transaction that occurred. At a minimum this would allow in parole evidence, but beyond that it creates the presumption that the note was invalid to begin with and was merely a sham instrument used as an excuse for the feeding frenzy that followed the sale of mortgage bonds to investors. Thus not only is the “asset” unsecured, it obviously does not even exist. The real asset is the obligation that arose as a result of the Borrower accepting the benefits of funding of the loan, and that was and remains undocumented, because the real creditors are the investors — no matter how you split hairs.

Since the real creditors are the investors, the asset, if it belongs to anyone, is held strictly for the benefit of the investors who can use said asset as a derivative asset on THEIR balance sheet. In fact, this is what they do. But the investors have marked down the value of their “asset” to whatever claim they have for being tricked into buying empty defective bogus mortgage bonds. The investors, who now know of all the fraud perpetrated against themselves find no difficulty in accepting the fact that the homeowners were deceived as well by the same fraud. Thus the investors, who are the creditors, have chosen NOT to pursue the collection of the obligation against homeowners who have all sorts of affirmative defenses and counterclaims for fraud, violations of statute and a long list of other torts and breaches of contract.

Instead the investors, who are the real creditors in the actual cash transaction, since the money came from them, have elected to sue the investment bankers for 100 cents on the dollar rather than bring a claim against the homeowner for pennies on the dollar, which could morph into a net loss if the damages owed to the homeowner exceed the putative damages owed to the investor for advancing the funds.

Philip Kramer Weighs in on latest settlement agreement between the U.S. government and MERS Corp.Kramer Kaslow: Office of Comptroller of the Currency signs Cease and Desist Order with MERS Corp.

Calabasas, CA (PRWEB) June 03, 2011

The Office of the Comptroller of the Currency has just signed a Cease and Desist settlement agreement with MERS Corp (Mortgage Electronic Registration Systems). Among other things, the Cease and Desist order finds, “We have identified certain deficiencies and unsafe or unsound practices by MERS and MERSCORP that present financial, operational, compliance, legal and reputational risks to MERSCORP and MERS, and to the participating Members.” (OCC No. AA-EC-11-20; Board of Governors; Docket Nos. 11-051-B-SC-1,11-051-B-SC-2; FDIC-11-194bOTS No. 11-040; FHFA No. EAP-11-01)

Noted attorney Philip Kramer, a senior partner at the law firm of Kramer & Kaslow provides insight, “MERS Corp is the owner of Mortgage Electronic Registration Systems (MERS), one of the cornerstones of the current banking crisis. In order to cut up loans and move the pieces around the world at the speed of electronics again and again and again, until no one is sure who owns what, financial institutions have been using MERS as the “beneficiary”, a legal term which in practical terms means they are entitled to foreclose on behalf of the lender – except MERS is nothing more than an electronic database. They are often named as beneficiary. However in order to legally be named as beneficiary they would have had to put up funds on the loan. Not to mention the fact that the recordation itself is not even official. BUT most importantly, MERS is never a Holder in Due Course.”

Philip Kramer goes on to observe that, “We’re a nation of laws. Everyone knew that MERS didn’t have the right to appear as a beneficiary, but it would have been inconvenient to act on this because MERS was in widespread use throughout the banking industry. It was wrong, wrong, wrong, but everyone was doing it. Just like they were doing ‘no-doc’ loans and other sleights of hand. Just like the banks were doing so many bad things to homeowners. All they wanted to do was increase their profits – no matter who it hurt or how wrong their practices might be.”

The full text of the consent decree can be found at the following URL:


72 Responses

  1. Please Help I have a Date coming up and need assistace to FIGHT this Fight please help!!!

  2. Isn’t a “nominee” only used at the formation point of some entity? Thus MERS only had a small window to act within?
    doesn’t nominee have something to do with IRS rules?

  3. saveamericaone,

    Problem with those QWR. RESPA says;

    2605 (e) (B) Qualified written request

    (ii) includes a statement of the reasons for the belief of the borrower, to the extent applicable, that the account is in error or provides sufficient detail to the servicer regarding other information sought by the borrower.

    Parts to reply letter:

    Servicer writes: ” Pursuant to 12 USC 2605(e) the information that may be obtained on a loan under a QWR is specifically limited to the servicing of such loan…that includes a statement of reasons for the belief of the borrower, to the extent applicable, that the account is in error or provides sufficient detail to the servicer regarding other information sought by the borrower.


    Servicer writes; ” AHMSI decision not to respond to the demands contained in your various documents does not in any way signify we agree with them, acknowledge their validity or intend to waive our rights.”

    WHAT RIGHTS ARE THOSE!!!! Doesn’t matter. I didn’t even get the payment accounting history pages until a year after foreclosure and only by the assistance of the Calif. Department of Corps sending letter that they respond.

  4. Problem to gathering documents is the subpoena. You must have lawsuit. Spoke to a predatory lending attorney in Calif. who ask, “What are your equity damages?”

    “What equity damages?'” I asked back.

    “Did you have any equity in the property when they foreclosed.”

    Who the heck has any equity left!!!!



  6. Legislative Branch vests powers to OCC who approves placement of the Trojan Horse on Liberty St. in New York where daily the gold bars of Federal Reserve moved from US bin to foreign owners bin who hold the IOU’s.
    US Constitution vests powers to Congress over Commerce who vests the powers to the OCC.

    US Constitution vests powers to Executive Branch to enforce laws.

    Congress vested Jurisidiction over unlawful business acts to Attorney General and placed road block with OCC visitoral powers.

    When will DOJ have evidence ? When consumers secure evidence for the harm was done in the name of the individual Settlement Agent closing in the state the property located who is not an affiliate examined by OCC but the acts blessed by the OCC.

    MERS just an electronic database and the payable and receivable transactions recorded do not make MERS Note Holder in Due Course.

    Consumers may request evidence and give to Department of Justice!

  7. Thank you Mary,

    Read lots on MERS just showing up one day, I believe 1998.

    I didn’t look at the Calif. NOD law. (1) The trustee, mortgagee, or beneficiary, or any of their authorized agents shall first file for record,

    So the lender servicer employee who is the asst. secretary of MERS, who is the nominee beneficiary substitutes trustee over to the authorized agent. Confirmed.

    I was stuck on the NOD and Notice of Trustee sale filings recorded or paid by LSI a subsidy of LPS. Now I learn LSI- is Fidelity. Then Fidelity having agents Default Resolution Network and Power Default Services Inc. just made it more confusing. Even more confusing is when Trustee’s Deed Upon Sale states,

    “Power Default Services Inc. (herein called Trustee) as the duly appointed Trustee under the Deed of Trust hereinafter described, does hereby grant and convey, but without covenant or warranty, express or implied, to Deutsche Bank National Trust Company as Trustee for American Home Mortgage Assets,etc.”

    It’s been difficult trying to figure out the path of the Trustee ,to the substitution, to the subsidiary to the agent or affiliated and the reasons why? Why the need for all of it I still don’t know.


    Remember when discovered that AHMSI owner W.L. Ross & Co. being classed as domestic entity other and that all mortgage complaints had to be sent to Federal Reserve Board.
    You were right when you said good luck with that one. Reply letter came back saying take matter up with state Reps. Reps. say go to HUD and I wasn’t even talking about my mortgage in the complaint letter. Right back where we started.

  8. Steve the OCC has not stopped MERS rather now supervisory powers over MERS

  9. Steve,
    Banks (National Brand Label) do business as national associations and don’t have to be registered. Financial Holding Companies own subsidiaries, wholly-owned independent subsidires, and Agency Agreements with Settlement Agents who are to be licensed who the funding is made payable, using credit line of settlement agent.

    Foreclosure handled by bank (national association) trustee will also be (national association) who will be in agreement Agency with robo-law firm who in Agreement with back office of agencies in Agreement with settlement agents, title companies, appraisers, ….

    Example, actual discovery during default period contains documents which reveal:

    Financial worksheets provided by Servicer show date (fee charged) turning over foreclosure to agency handling foreclosure and the debt collector does have to be licensed and does have to act in accord with a lot of state and federal laws and regulations based upon the type of Agency, transaction, etc.

    Title Agent, Title Agency, broker, dealer, agent, distributor, REO Broker, appraisal license, etc. …

    Credit Inquiry Updates:
    “The FTC is the primary enforcer of the Fair Credit Reporting Act (“FCRA”), (3) which seeks to ensure accuracy and fairness in the consumer reporting process. FCRA regulates those who furnish information to consumer reporting agencies. For example, the statute imposes a duty to reinvestigate disputed report entries. Simply put, when a consumer challenges the accuracy of an item on his or her credit report, the company that furnished the information is required to investigate and determine the challenged item’s accuracy. The FTC investigation that gave rise to the CID at issue here seeks to determine whether the parties being investigated are complying with the FCRA.”

    Where does MERS fit?
    MERS and MERSCORP are each and ‘institution-affiliated party’12.U.S.C Supra 1813(u) – each and “entity-affiliated party” within 12 USC Supra 4502(11) SERVICES provided by MERS and MERSCORP to national banks and other financial institutions 12 USC Supra 1867(c)

    Hmmmm how did ‘MERS ORD ID’ Member get business using national brand label like WFC, JPM, Citi, USBank as national association ?

    Hmmm why did ‘OCC’ allow third party lenders to bleed out US currency by allowing deposits into OCC Mortgage Corporations to become assets of owner of banks c/o Cede & Co DTC Nominee? for example.

    Entity is not a bank and yet the Agency between bank & settlement agent, third party broker, dealer, agent, distributors wholesale and retail who provide origination & servicer services to a bank including , the Commission lacks jurisdiction over FACS Group because the Office of Comptroller of the Currency (“OCC”) has exclusive FCRA jurisdiction over FACS Group through the operation of the Bank Service Company Act (“BSCA”).

  10. Pulling out items of interest (only thru page 16)

    No Cease & Desist of MERS? rather an Action Plan to create Oversight body and tighten view of data using 3rd party.

    Who is the independent third party, acceptable to OCC Deputal Congroller to be named (30 days) from June Order?

    ?Who are the members of the Legal Risk Subcommittees of the Boards responsible for (recommendations concering litigation contingency reserves)

    -Definition of MERS CERTIFYING OFFICERS with respect ot Examined Members

    ?(what about non-examined members? LOOPHOLE still).
    OCC does not examine ALL so we still have LENDERS using third party credit lines that won’t be examined

    ?What about disclosure of those who are not OCC Examined Members and disclosures on what that means to ‘consumer’ ha ha. without recourse.

    ?-“Elimination” of collection of existing data elements ( Members currently report) that are not ‘reasonabley’ related to MERS or MERSCORP operations.

    ?-Intent to elminiate system-to-system reconciliations of all MERS mandatory reporting fields, frequent capture of all reject/warning reports associated with registrations, transfers and status updates on open-item aging reports, and an accurate determination of foreclosues pending in MERS name.

    ?- directly related to OCC Deputy Comptroller Order (90) days eRegistry system of recording electronic NOTES. (end of August?)

    ?-Effective Operation of eRegistry (endof July?)

    ?-‘What are sufficient incentives for Members to inform MERSCOPR and MERS filing of all lawsuits brought in MERS name or which MERS is a named party, periodically update MERS concerning status of each lawsuit.

    -?Who is the Third party within 60 days will provide ‘Management Report’

    ?- who are the MERS MERSORG who submit Communication Plan with Member?

    Third Party will
    -identify postions needed to manage and supervise services provided to Examined Members
    -transitional of Examined Members onto CRMS
    -enhanced Communications Plan
    Registration or tracking systems
    -assignment and/or foreclosures services
    -detailing any vacancies, additional staffing, identify scope and complexitt of services, certification process, size of portfoliows for which services are provided
    -identify officer and staff positions needed to ensure compliance with all applicable federal nd state laws and regs, material contractural requirements, new and revised plans, policies and procedures and processes and systems required by this Order, vacancies, unit re-alignments, consideration to complexity of services, size of portfoliows for which services provided
    -appropriateness of duties, responsibltieis, authority and accountabiltiy of each professional postiion,
    -job descriptions
    -recruit and retain directors, officers, management and staff as recommended by independent third party
    -recommend reorganization or realignment of directors, officers, management and staff
    -recommend additional trainign and dev and required trainign and development to directors, officers, management an dstaff,
    -procedures for periodic review and update Management Plan
    -MERSCOPR, MERS copy of proposed engagement letter or contract with third party to OCC Deputy Comptrolelr for supervisory reveiw and non-objection prior to enterting nito engagement
    -MERS, MERSCORP jointly develop written Management Plan per each recommendation in Management Report with timeline.


    OCC Deputy Comptroller for Large Bank Supervision ‘reporting’ head for (3) Directors, who are to meet monthly maintain minutes.

    Every Quarter the Compliance Committe submit written report, with any board comments to OCC Deputal Comptroller and OCC Examiner-in-Charge
    -Submit Action Plan to OCC and will not significantly deviate

    -OCC Deputy Comptroller with Supervisory Powers

    -‘Each Businessline’ a strategic plan
    -financial plan must have adequate financial strength to support business operations related to Examined Members.

    -Need for additional capital
    -Account the source of capital
    -Financial plan adequate financial strength to support busines soperations
    -need for additional captial amoutn and source of capital
    -identificatiion monitory and control of funding and liquidity risk
    -profit and budget plan
    to reduce discretionary expenses
    to imporve and sustain earnings
    to maintain adequate reserves for contingency risks and liabilities
    -deveop and implement comprehensive litigation strategy tomanage lawsuits, legal challenges, regardless if a named party, and early identification of tracking of such lawsuits and challenges
    -communication plan with MERSCORP shareholders members including examined members and relevant external parties
    -Q&A Assurance Program Examined Members follow all Rules ‘2011-01 2/16/2011’
    -MERS certifying officers are transitioned expeditiously onto CRMS certifying officer policy and process
    -standards separation corporate functions between MERS and MERSCORP
    -Update Rules and related Procedures, Terms and COnditions for any additions, amendments, deletions enhanced info reporting practices to senior mgmt to seniro management to boards
    -ensure significant issues property identified, escalated, corproate actions considered, timely and property documented
    -OCC Supervisory Letter MERS 1/19/2011
    -contingency plans foregoig elements of Action Plan
    -Action Plan timelines for completion of requirements of this order.

    only 1 may be a MERS employee or officer ‘or’ any of their subsidiaries or affiliates.

    “employee’ or ‘officer’ “OR” Wait a minute!
    They are back to ’employees’ creating and changing documents again!

    Was it a ‘surprise’ to Agencies whose Examined Members since 1997 MERS did with intent only ‘report’ transfers of mortgages ? Article II

    Was it a ‘surprise’ to the Agents of the Agencies that own MERS who are institutional owners as entity and as persons who benefited from ownership acted with knowledge of and with intent of only ‘reporting’ transfers of mortgages, and are with intent in agreement of non-complaince using a third party Agency.

    June Consent Order
    Collectively Agencies
    (OCC, Board of Governors Federal Reserve System DC (Board of Governors), FDIC, OTS, FHFA)

    Interagency horizontal review
    major residential mortgage servicers
    mortgage service providers

    Agencies conducted examination of MERSCORP Inc and MERS
    who provides various services to financial institutions
    tracking and registering residential mortgage ownership
    acting as mortgagee of record in the capacity of nominee fo rlenders
    initiating foreclosue actions

    Agencies identified certain deficiencies
    Agencies identified unsafe or unsound practices by MERS and MERS CORP

    reputational risk to MERSCORP and MERS and participating MEMBERS.

    MEMBERS are institutions that use services and agreed ot abide by MERSCORP Rules of Membership

    Members include
    depository institutions, subsidairies and
    affilaiites examined by agencies
    and Fannie Mae and Freddie Mac examination by FHA ‘Examined Members

    Agencies informed MERS and MERSCOPR and have begun implementing procedures to remediate practices addressed in this Order to remedy deficiences and unsafe or unsound practices identified by the Agencies.

    MERS as Agent for Lenders
    MERS with respect to serving as mortgagee in a moniee capacity for the LENDER and are each an ‘entity-affiliated party
    MERS acting as agent for Fannie Mae and Freddie Mac with respect to serving as mortgagee in a nominee capacity for owner of residential mortgage loans.

    Article II
    Agencies Findings
    Shareholders include federally regulated financial instittuions that own and or service residential mortgages including examined members and other primary and secondary mortgage industry participants

    Electronic Registry tracks beneficial ownership interests and servicing rights associated with residential mortgages loans and any changes in those interests or rights.

    Out of 5,000, 3,000 are RMServicers

    Members register loans
    Members report transfer
    Members register foreclosures
    Members register other changes to status of residential mortgage loans
    31,000,000 active residential mortgage loans registered on MERS
    Examined Members receive substantial portation of services provided

    MERS ‘serves’ a Mortgagee of Record and Nominee for Member in loan land record

    MERS takes action as mortgagee through documents executed by ‘certifying officers’
    Mers designated individuals (officers, employees or third parties with contractural relationships.
    MERS executives legal documents
    -mortgage assignments
    lien releases
    registering residential mortgage loans
    initital foreclosures
    residential mortgages
    foreclosures-related services

    -failed to exercise appropriate oversight
    failed to exercise management supervision
    failed to exercise corporate governance
    failed to devote adequate financial, staffing, training and legal resources
    failed to ensure prperty administration
    failed to provide delivery of services to Examined Members
    fairled to establish adequate internal controls
    failed to maintain adequate internal controls, policies, procedures, compliance risk management, internal audit and reporting requirements with respect to administration and delivery of services to Examined Members.
    MERS engaged in unsafe
    Mers engaged in unsound practices
    MERS exposes MERS and Examined MEMBES to unaccceptable operations complaince
    MERS exposes members to unacceptable operational, compliance, legal and reputational risks.

  11. Are you sure this is not an order controlling what comes in an out of MERS and MERS ORG?

    BULLY now in charge of private agency utilized to keep database of financial records of mutual obligations.

    Agencies now ‘ in front of MERS the very Agency who allowed all of the acts to begin with protecting itself exercising control thereof.

    Agreement Article II ‘Agencies’ MERS, MERS ORG institution-affiliated parties and entity-affiliated party consents and fully enforceable by Agencies

    Agencies through their authorized representatives
    fully enforceable by Agencies
    ‘mutuality of obligation”
    Bonds for Conveyance of Real Property?
    special defence in equity
    specific performance of contracts in which Plaintiff held an opion.
    Court regards as a good consideration.
    None of them raised the question on the specific performance of contracts containing an opton, where the option was not based on a consideration but on a sealed instrument.

    B gives A a bond (in a penal sum)
    Conditioned to become voide if
    A. signifies his desire to pruchase B’s land at a sum named
    B conveys land to A
    Before A signifies desire to purchase as indicated there is a formal contract between

    No Cease & Desist Order.
    Article I ‘Intent Only’
    “intend to impose a cease and desist order on MERS and MERSCORP,Inc.”

    Article II (Terms & Provisions binding upon, benefit of, parties and successors in interest’ ‘parties listed – their successors – benefit or legal or equitable right, remedy or claim’

    Article III (Waivers) waive rights to hearing and waive rigths to a final agency decision, waive all rights to admin or judicial review of Consent Order, Waiver common law or statutue against Agencies agents employees ‘enforcement matter’ or ‘consent order’, waiver of all rights to contest validity of consent order.

    Article IV “Other Provisions” are not subject to amendment or modification by any extraneous expressions, prior agreements or prior arrangements between parties, whether oral or written.

    Agencies take other action affects MERS or MERSCORP deems aproprite to fulfill responsiblities placed upon it by serveral laws of USA.

    Article I ‘intend to impose cease and desist on MES and MERS CORP’

    -for certain deficiencies and unsafe or unsound practices MERS and MERSCORP that present financial, operational, compliance, legal and reputational risks to MERSCORP and MERS and to MERSCORP’s members.

    Providers of services to depository institutions regularly examined by, or subsidiaries or affiliates of depository institutions subject to examiniation by the OCC, Board of Governors, FDIC OTS and other appropriate Federal banking agencies wihtin the meaning of the Bank Service Company Act of 1962, 12 U.S.C. Supra 1867(c)

    MERS and MERSCORP are each and ‘institution-affiliated party’
    12.U.S.C Supra 1813(u)
    each and “entity-affiliated party” within 12 USC Supra 4502(11)

    SERVICES provided by MERS and MERSCORP to national banks and other financial institutions 12 USC Supra 1867(c)

  12. Thanks to all and especially saveamericaone
    for supplying critical information. Never realized Gates was in with the banks, and now that I do this song, Everybody KNows, just keeps playing in my head as tears fall ‘cuz now I know it’s not just some nameless thugs who did this, maybe from another country, but now we see it’s by design, people with an agenda of their own, with a cover story to save the world and playing with our lives and country. I don’t see how it can get better for us pawns (Americans) in this game…not in our lifetime anyway. Those of us who were caught in the con, and those who are left to pay for it all if lucky enough to still have a job. There are people in power who are aware and could turn this around, but they probably wouldn’t stay in power if they did and that’s more important to them…and so it goes….

    “Everybody Knows” by Leonard Cohen

    Everybody knows that the dice are loaded
    Everybody rolls with their fingers crossed
    Everybody knows that the war is over
    Everybody knows the good guys lost
    Everybody knows the fight was fixed
    The poor stay poor, the rich get rich
    That’s how it goes
    Everybody knows
    Everybody knows that the boat is leaking
    Everybody knows that the captain lied
    Everybody got this broken feeling
    Like their father or their dog just died

    Everybody talking to their pockets
    Everybody wants a box of chocolates
    And a long stem rose
    Everybody knows

  13. @Shelley A. Erickson Thanks for reaching out but your suggestion is impossible as there are no funds, I feel quite lucky to be able to read this site from time to time. I do know Neil Garfield has helped the less privilege, I will email him but truly, this stick house is not worth my life and never will be especially being a senior person. It is more about what is right and wrong and I pray the banksters get their just punishment but feel Satan has a firm hold on what was given to him by God. Only the truly righteous and well off will be able to put some sanity into the insanity we all face daily and Neil Garfield is top drawer on this subject although much of it is over my head..Again I thank you for your heart. Keep putting it out there for the masses to see, read, feel and learn.

  14. How can the agency be without the best technologies and a national association call center in 2007? When the banks have bleeding edge worldwide technologies.

    Why was NOT A PRIORITY to track complaints any good corporate citizen handled. Were there not ‘America’ Good Citizens who would track the complaints using an excellent call center model of the very key owner of the banks – Bill Gates?

    Do you want to thank John C. Dugan, Comptroller of the Currency? One existing agency at a time was consolidated into a ‘call center’ to route complaints from consumers and the every agency did not look at the transactions of the consumers meaning the literal tranactions which harmed consumers and the nation one mortgage at a time. For in the prior post the method to ignore WFC’s affilaites and only look at commercial transactions in only 23 states excluded all of the Wells Fargo & Co/MN formerly Norwest subsidiaries (I posted 2006 list), and do not include Cendant Settlement & Services subsidiaries, Title companies, settlement brokers, dealers, agents, distributors wholesale and retail which were morphed end of 2005 through 2007 into additional IPO’s benefitting owners of stock who include Wells Fargo Bank NA and all of the IPO’s commercial and residential transactions include ‘credit lines’ used to create third party transactions which are not tracked by the OCC and allowed WFC to extract currency out of the nation one mortgage at a time through ‘Bitterroot’ for the benefit of (1) foreign owner HSBC.

    ‘Interagency Consumer Complaint Conference’ for making ‘Houston’ home of the OCC’s Office of the Ombudsman and Customer Assistance Group.

    September 2008 the crash. 2007 the Bubble. Notice if you read the full 8 pages of the report there is no sense of urgency in dismantling the existing agencies into one new starting from scratch.

    And who is the third party vendor Dugan coyly introduces?

    “At the OCC, we’ve begun using a third party vendor as a kind of “triage” facility that receives the initial call from a national bank customer, determines whether that person’s bank is a national bank, and starts the process of opening a case file, if necessary.”

    In 2006, the OCC received 12,000 complaints about banks they don’t supervise! and Counterparts sent 10,600 complaints about national banks. My experience of what actually happens when a consumer reports to the DOBI (Department of Banking & Insurance) in writing they contact you that the matter is under Jurisdiction of OCC and close the ticket, and if the consumer requests will move the complaint to the OCC where my complaints rested 1/21/2009 through 6/11/2010 with the OCC copying what I sent to Wells Fargo and Wells Fargo sending ‘route’ replies like Sergaent Klinger ” I Know Nothing, I see Nothing, I hear Nothing and we did nothing wrong’ and that is all the OCC did move input mail output and close complaints.

    In the 8 pages, Dugan explains how the agencies will do what? Not clear.

    What did the OCC Customer Assistance Group not do? Just what John Dugan said the agency would do:

    “By working together, I think we have a real opportunity to make it simpler, less confusing, and more efficient for those banking consumers that turn to the regulators to get their questions answered and their complaints addressed.
    Let me begin by saying something that may sound a little odd at first blush: I think” human resources to use this raw material in ways that can really increase benefits to the consumer. I’m thinking here about improvements to the way we directly address individual questions and complaints; improvements to our compliance supervision to address systemic issues that are generating complaints; and improvements to our feedback to the banks we supervise so that they can spot and fix problems that are plainly on consumers’ minds. (And by the way, when I say “banks” in my speech today, I’m really referring for the sake of simplicity to all of the institutions that each of your agencies supervises, with apologies to our friends at OTS and NCUA.)

    For example, data from the complaints we receive provide a window on the industry’s trouble spots and help us focus the priorities of examiners. When we receive a number of complaints about a particular institution or a specific practice, we know there’s a problem that needs attention, and we can direct supervisory resources in that direction. Complaint data has also been useful in helping us draft guidance that is intended to correct questionable practices. For example, complaints we received through the OCC’s Customer Assistance Group helped us formulate guidance dealing with predatory lending, credit card practices, and issues involving third party vendors. And in extreme circumstances, your work has helped build enforcement cases where that type of action is warranted.

    interagency effort, under the auspices of Federal Financial Institution Examination Council, or FFIEC, that is intended to lead to more streamlined and consumer friendly approaches to handling questions and complaints.

  15. Just how is Norwest Corp & Wells Fargo & Co/MN related to Bank of America NT SA and Nations Bank ? conjoined with INDYMAC/Countrywide FInanical … for inquiring minds want to know what John Stumpf, Howard Atkins, Richard Kovacevich, Pete Wissinger all claimed to be the ‘UNIQUE MODEL’?

    Why would I include a snipet of what the ‘OCC’ considers important so as a resident of the state you live where the OCC allowed WFHM to take consumer property at will did not monitor the transactions for it regulates ‘banks’ and has absolutely nothing to do with consumers – albeit the CRA tomake it appear like consumer has value in their non-considerations as previously disclosed in prior post.

    1996 is the year you can see the ‘banks’ aligning commercially taking control of residential properties inside of ABS – RMBS – CMBS transactions the commercial banks figured out how to make moeny off consumers and use the LOOPHOLES of the OCC and harm the economy.

    Footnote 8
    See, e.g., 12 U.S.C. §§ 215a-1
    (Riegle-Neal transactions with a resulting national bank occur under the National Bank Consolidation and Merger Act) &

    215(e) (the resulting national bank in a consolidation succeeds to all the rights, franchises and interests, including fiduciary appointments, of the combining banks).

    See also Decision on the Application to Merge Bank of America N.T. & S.A. with NationsBank, N.A. (OCC CRA Decision No. 94 (May 20, 1999) (page 6, note 13) (explanation of relationship of sections 215a-1 and 215 within the National Bank Consolidation and Merger Act);

    Decision on the Applications of Bank One Wisconsin Trust Company, N.A., and Bank One Trust Company, N.A. (OCC Corporate Decision No. 97-33, June 1, 1997) (national banks may engage in fiduciary business at trust offices and branches in different states).

    CRA Decision #118
    December 2003
    1 WFC would continue to have a small number of separate charters that engage in various types of limited business.

    OCC Approved Application to consolidate ()into Wells Fargo Bank, National Assocaition, San Francisco, with the resulting bank’s headquarters located in Sioux Falls, South Dakota.

    Wells Fargo’s purchase and assumption transaction with another affiliate Wells Fargo Bank, Northwest, NA Ogden UT branches in UT, ID, OR and WA will assume most of the assets and most of liabilities Wells Fargo Bank Northwest.

    How did we get to today? 2011

    Interstate transactions authorized under Section 44 of Federal Deposit Insurance Act:

    Beginning on June 1, 1997, the responsible agency may approve a merger transaction under section 18(c) [12 U.S.C. § 1828(c), the Bank Merger Act] between insured banks with different home States, without regard to whether such transaction is prohibited under the law of any State.

    12 U.S.C. § 1831u(a)(1) (the “Riegle-Neal Act”).4 The Riegle-Neal Act permits a state toelect to prohibit such interstate transactions involving a bank whose home state is the prohibiting state (i.e., “opt-out”) by enacting a law between September 29, 1994, and May 31, 1997, that expressly prohibits all mergers with all out-of-state banks. Section 44 was added by section 102(a) of the Riegle-Neal Interstate Banking and Branching Efficiency Act of 1994, Pub. L. No. 103-328, 108 Stat. 2338 (enacted September 29, 1994) (the “Riegle-Neal Act”). The term “interstate merger transaction” includes a consolidation as well as a merger.

    For purposes of section 1831u, the following definitions apply: The term “home State” means, with respect to a national bank, “the State in which the main office of the bank is located.” The term “host State” means, “with respect to a bank, a State, other than the home State of the bank, in which the bank maintains, or seeks to establish and maintain, a branch.” “Interstate merger transaction” means any merger transaction approved pursuant to section 1831u(a)(1). The term “out-of-State bank” means, “with respect to any State, a bank whose home State is another State.” The term “responsible agency” means the agency determined in accordance with 12 U.S.C. § 1828(c)(2) (namely, the OCC if the acquiring, assuming, or resulting bank is a national bank). See 12 U.S.C. § 1831u(f)(4), (5), (6), (8) & (10).

    Second, the proposed transaction meets the applicable Riegle-Neal Act filing requirements. A bank applying for an interstate transaction under section 1831u(a) must (1) “comply with the filing requirements of any host State of the bank which will result from such transaction” as long as the filing requirement does not discriminate against out-of-state banks and is similar in effect to filing requirements imposed by the host state on out-of-state nonbanking corporations doing business in the host state, and (2) submit a copy of the application to the state bank supervisor of the host state. 12 U.S.C. § 1831u(b)(1).6 Wells Fargo Bank submitted a copy of its OCC application to the state banking supervisor of each state involved and has represented that it will comply with any applicable state filing requirement.

  16. no one is foreclosing in mers name and havent been in a while, at least in massachusetts anyway,. the bigger problem with mers is the fact that their members can assign mortgages to themselves, either directly or through their foreclosing attorneys who have a mers signing officers on their staff. the pretenders are only pretending because of mers. lets be honest, without the mers mechanism, all of these lenders are dead in the water. mers allows pretenders to create transactions that never occurred in the first place. mers should be shut down, its officers jailed (including the thousands of pretender officers of mers) and any foreclosure which relies on mers assignments should be thrown out of court. when is the government going to acknowledge what mers is?…. a fraudulent tax/fee evasion scheme created by the banks to defraud and steal from homeowners?

  17. LOOPHOLE: Guess what OCC does not include in its evaluation of the CRA? ‘Affiliates’ see ‘Inside/Outside Ratio. Since Affilaites constitute every broker, dealer agent, distributor wholdesale and retail who process as ‘unaffiliated; third parties whose approved ‘credit lines’ are used to procure cash to purchase assets of consumers and deposit currency into its Wells Fargo Asset Securities Corp – Corporate Treasury Securities in Frederick MD, one must ask why.

    One must ask how much of each ‘deposit’ daily was converted into assets in the name of the owners of the bank and for the benefit of (1) foreign owner currency laundered outside of the USA in a Note (365 days or less) for example.

    Further in 2008, the OCC considered the 23-state combined AA and Wells Fargo operated through its storefronts as a national assocation in all 50 states and US territories affixing its National Consumer Brand Label to every transaction over an affiliate.

    OCC Report on:
    Wells Fargo Bank NA [Large Bank]
    Charter # 1741
    101 North Phillips Ave
    Sioux Falls, SD 57104

    Office of Comptroller of Currency
    Large Bank Supervision
    250 E. Street S.W.
    Washington DC 20219

    Purpose of Community Reinvestment Act Performance Evaluation to see how Wells Fargo Bank NA meets the credit needs of its entire community.

    And goes on to contradict itself in that the CRA does not represent an analysis, conclusion, or opinion of the federal financial supervisory agency concering the safety and soundness of this financial institution.

    Let’s start with complaints for I processed many after the date of this report. I searched the 653 pages and the ‘word’ complaint does not appear.

    I searched for ‘consumer’ and wow! or Whoa!

    Consumer Loan(s):
    A loan(s) to one or more individuals for household, family, or other personal expenditures. A consumer loan does not include a home mortgage, small
    business, or small farm loan.

    This definition includes the following categories: motor vehicle loans, credit card loans, home equity loans, other secured consumer loans, and
    other unsecured consumer loans.

    As of September 30, 2008, WFB had total assets of $514 billion, deposits of $356 billion
    and total loans of $332 billion. Approximately 54 percent of the bank’s loan portfolio is
    comprised of real estate loans of which the predominant portion is secured by 1-4 family
    residential properties. Commercial and industrial loans comprise 28 percent of the loan
    portfolio, and loans to individuals for household, family, and personal purposes comprise
    15 percent of the portfolio. WFB has a Tier One capital base of $33 billion.

    At the request of WFB and in accordance with provisions of the CRA, this evaluation
    considers affiliate activities. We reviewed CD lending, services, and investment activity
    as well as small loans to businesses and farms and mortgage loans of bank and nonbank
    WFB is a full service bank with 3,339 branches and 6,960 ATMs. The bank offers a
    complete line of diversified financial products and services to consumers and businesses
    centered in retail and business banking, mortgage banking, trust services, and investment
    management. The bank’s business strategy focuses on retail and wholesale banking with
    an emphasis on mortgage, small business, and community development lending. The
    bank, through its Wells Fargo Home Mortgage division, provides mortgage services to all
    50 states through more than 2,400 mortgage stores, the WFB branch network, and the
    Internet. There are no legal, financial, or other factors impeding the bank’s ability to help
    meet the credit needs of its AAs.
    WFB was rated “Outstanding” at the previous CRA evaluation dated September 30, 2004.

    The evaluation considers home mortgage loan products (home purchase, home
    improvement, home refinance, and multifamily, where applicable), small business
    lending, small farm lending (where applicable), retail services, and qualified CD lending,
    investments and services. Conclusions drawn throughout this evaluation are based upon
    bank performance during calendar years 2004 through 2007. At the bank’s request,
    community development activities of the bank, other bank subsidiaries, and affiliates
    reflect performance through September 30, 2008. Please refer to Appendix A for a
    detailed listing of products, entities included in the review, and periods by state or multistate

    Lending Test
    When performing our analysis of home mortgage lending in each of the full-scope AAs,
    we took into consideration that WFB had a higher proportion of home mortgage loans
    with income reported than the general market. We considered this factor when we
    assessed WFB’s performance relative to market share of loans by borrower income.

    Inside/Outside Ratio
    We analyzed the loans made inside and outside of WFB’s AAs on a bank-wide basis. We
    found that, in aggregate, a slight majority in number (56 percent) and amount (51 percent)
    were made within the bank’s 23-state combined AA. However, since a majority of HMDA
    loans were made outside the bank’s combined AAs and a majority of small business and
    farm loans were made inside WFB’s combined AAs, the net result was a neutral impact
    on WFB’s overall lending rating. Loans made by affiliates were not considered in this

  18. OCC repeatedly (how many times since 1996) that they are a ‘Bad Citizen.’

    Over and over, this particular federal administrative agency with visitorial powers fought Attorney General’s who tried to protect state to not release information that would help put away those harming nation.

    Ask yourself do you feel safe with the OCC who singlehandledly govern national associations and are responsible, accountable and with authority instruct its employees to look the other way.

    Does the OCC even know what sound national association banking process and transactions are? Perhaps we should outsource to CHINA and INDIA who have good idea of LOOPHOLES that need to be closed.

    The OCC are operating and promoting unsound national association banking practices which affect every individual resident, consumer of the United States of America and have proven that they operate in bad faith and are unable protect welfare of nation. So why will a budget be passed 7/1/2011 for another year of pillaging, plundering, mauradering, are you ready to yell out the windows yet?

    When will Congress both Houses address their negligent mistakes and remove the diabolical agency and issue an immediate Cease & Desist and bring on board Elizabeth Warren to replace the OCC for she is the only person in the USA who took down Wells Fargo for abusive overdraft practices that Frank Dodd still don’t understand!

    Combine lack of good practices and inability to understand global banking.

    Combine OCC unable to connect dots.

    OCC should not continue to govern national banks in all 50 States and US TERRITORIES. Where is Hi! Duggan? For with his lack of insight and oversight he led us to slaughter heard around the world September 2008.

    Did the OCC Comptroller of the Currency look the other way and was he under oath and did he violate the oath?

    OCC is a money on the back of American’s (monkey see, monkey do, monkey hear) —- nothing)

    Focus of reseach 1996 forward as key juncture, OCC did in fact allow foreign organizations to take control wof the US TREASURY with we must add the blessings of CONGRESS both houses.

    No matter where national association transactions originated, the OCC had oversight and did ignore the harm to the nation.

    Why did CONGRESS all members not protect the welfare of the nation — US TREASURY? third element of our national security?

    OCC’s most recent Cease &Desost:

    SWNB Holding Corp and Southwestern National Bank. Look at most recent review of Federal Reserve System, OCC’s Oversight, the Nevada National Bank Charter 24682, 6110 Spring Mountain Rd, Las Vegas, NV 89146.

    OCC classification a small bank rating its substantial majority of loans AA. Report goes on:

    National bank lending examination evaluated banks lending performance 6/1/2007 through 9/30/2009.

    Bank’s primary loan product is business loans.

    Business loans are the largest product by both dollar volume and by number. The residentail real estate loans was not significant enough to do a meaningful analysis only (4) were ignored.

    OCC claims to have reviewed all business loans originated since bank opened June 2007.

    OBSERVATION: another source revealed Frank-Dodd allowed Nevada National Bank to operate in a manner less than acceptable when compared to State banking regulations.

    OCC goes on to report Nevada National Bank wholly owned by SWNB Bancorp, Inc. a bank holding company serving community of Chinatown.

    Bank’s target market includes individuals and small and medium-sized businesses.

    Does anyone consider for every busienss loan there is an individual consumer considered to be or not to be worthy.

    OCC reports total Assets $39 Million, Tier One leverage capital ration of 23.02 percent.

    Loan portfolio represents 63.02 percent of total assets.

    Primary lending focus is business lending.

    OCC in the beginning revealed Nevada National Bank issued only (4) residential loans which they ignored.

    Do you agree OCC bad citizen?

    OCC in the same breath reports that the bank has not ignored need for consumer and residential loans.

    The OCC goes on to claim that the bank extended credit to home builders and developers.

    The OCC states there are no legal or financial factors thate impede bank’s ability to help meet credit needs of the AA.

    A report of interest to the people would be how does Clark County look now since serviced by Nevada National Bank? and all of the other banks under OCC’s authority vested by CONGRSS?

    OCC reported Las Vegas one of the top areas in nation adversely affected by subprime mortgage crisis resulting in freefall in home prices and mass foreclosures.

    February 2009 Las Vegas led the nation one in every 60 homes facing foreclosure with local unemployment over 13 percent and business failures reaching all time high.

    OCC goes on to say in its conclusion — even though the Loan-to-Deposit Ratop is reasonable, meets the standard for satisfactory (when compared to other situated banks in Clark County), LTD ratio 66.27 percent lower than banks of similar size, location and product offering.

    WOW did I read that right (66,.27%) lower than other SMALL BANKS. And what happened since 1/19/2010 how much? How many dollars in ‘deposits’ by third parties into its treasury were converted into assets held in the name of the owners of the bank? that were laundered out of the USA?

    The OCC considers volume as reasonable.

    This is the part I wanted to see don’ you:

    “Responses to Complaints”
    Nevanda National Bank did not have any complaints during evaluation period.

    The OCC and Frank Dodd Act enabled ‘state’ bank to do business against state banks rules.

    [PDF] Southwestern National Bank … Southwestern National Bank (SWNB) is highly responsive to the credit needs of its community, including low- and moderate-income individuals and …
    http://www.occ.gov/static/cra/craeval/jul04/23081.pdf – 2004-07-14

    other reports include:
    1/9/29007 conditional approval #781 Gary Owens SWNB Bancorp, 6901 Corporate Dr Houston TX 770-36

  19. OCC a bad citizen. OCC just wakes up in a sudden Ahaaaaaa moment? Beginning of 2010 big players pulled out of US mission accomplished fortunes made by the handlers for all deposits converted into other assets recorded in owners name c/o Cede & Co with DTC nominee and not a damn thing anyone can do?

    Fact of the matter American can’t afford the OCC!

    Economy already devestated and they have no idea how to protect the welfare of the nation and have proven that to be true through absolute negligence, collaboration and collusion each act blessed which harmed the nation.

    4/2011 Matthis Rieker and Al Zibel Dow Jones report. Whose statement is this? a public relations statement?

    “MERS runs a database that allows banks to package loans into securities that can be sold without being recorded in local county courthouses, reducing costs for banks. Critics of the company have raised concerns over whether notes were properly assigned or tracked within the electronic system.”

    MERS INVESTIGATION BY THE OCC, OFFICE OF THE COMPTROLLER OF THE …Nov 17, 2010 … The OCC’s Walsh also said the agency is participating in a separate Federal Reserve-led investigation at Lender Processing Services (LPS: …
    http://www.scribd.com › Business/Law › Finance – Cached

    How many people have lost their homes taken by the pretender lenders?

    How many people have lost their homes since the OCC was forced to ‘investigate’ in November?

    4/13/2011 ‘Action Plan’ Regulators Order 14 Banks to Revamp Practices

    Also receiving orders were Ally Financial Inc., HSBC Holdings PLC, MetLife Inc., PNC Financial Services Group Inc., SunTrust Banks Inc., U.S. Bancorp, Aurora Bank, EverBank, OneWest Bank and Sovereign Bank.

  20. This is PR from management (bring us your loans) and we’ll take America down! Thank you OCC!

    Do all bankers go to ‘lying school’? OCC just issued C&D. Consumer loans became their deposits converted into assets of bank’s name and laundered out of US.

    Southwestern National Bank:

    Hasu Patel, Member on the Board, and Gary Owens, President & CEO, Southwestern National Bank discuss a business transaction -Photo: Jacob David-

    Southwestern National Bank is ready to breathe new life into the economy through disbursing its strategically accumulated wealth of 30 plus million dollars, their Tier One Capital, which the economists look at as their Capital Reserve fund, now standing at a healthy 8.9%

    “I am very optimistic about this year 2011 and the future,” Gary Owens says. “We have had $1.1 Million in profit (net income) just in the first quarter of 2011 alone. We are looking to having a growth oriented period in the following quarter as well.” he states.


  21. To one of the many, sign up for membership with
    Neil Garfield and ask him this question. I am not an attorney, but I understand it is a very bad thing to stop paying the second mortgage. My son did that and they got a judgment against his paycheck for a thousand a month, far more than the payment he was paying and it hurt him. Also I understand and could be wrong about this, help me if anyone knows the answer, that paying the second , helps to block the pretender lender from stealing your house.

  22. @G Bryl
    I’m incredulous that ALS folded so easily. I can only guess they did because all they can find is a copy of the note from the closing file and the homeowner is not pro se. I see one of two things happening: they’ll be back with a manufactured note with alleged endorsements including the infamous last end in blank (all made ex post facto) or ala B of A, they’ll re-assign the servicing and THAT yahoo will come up with such a piece of paper.

  23. OCC Enforcement Actions:

    Against national banks and individuals currently and formerly affiliated with national banks.

    Cease & Desist:

    Southwestern National Bank
    6901 Corporate Dr
    Houston TX 77036
    RSSD ID 2625724
    RTN 113024009
    FDIC 34319
    11/3/1997 Established as a national bank
    3/31/2006 moved to ? same address?

    PARENT: SWNB Bancorp, Inc.

    SWNB Bancorp, Inc. (3234682) Houston TX
    Southwestern National Bank (2625724)
    Southwestern (TX) Statutory Trust I (3271052)
    Nevada National Bank (3589588) Las Vegas NV
    SWNB Financial Services Corp (3606832)

  24. OCC Enforcement Actions:

    Against national banks and individuals currently and formerly affiliated with national banks.

    Atlantic National Bank, Brunswick GA, established 8/31/1998. Became Atlantic National Corporation (2727431) (0000023563) Parent same address:
    710 Gloucester St, Brunswick GA 31520 Bank Holdign Co, established 1/1/2001
    Many locations but not listed together

    Atlantic National Bank, Atlantic City, New Jersy
    2/3/1970 national bank renamed to
    Midlantic National Bank/Atlantic 12/15/1981.
    3/1/1983 renamed and acquired by Midlantic National Bank/South. (this bank did not close till 9/21/2007)
    7/1/1989 Atlantic City OFF renamed to New York Ave Off andmoved to 1501 Pacific Ave, Atlantic City NJ.
    10/19/1993 renamed to Pacific Ave Off.
    4/27/2001 Institution Closed.

    Atlantic National Bank of Florida 7/1/1981-6/8/1986
    6/9/1986 renamed to First Union National Bank of Florida
    1/20/1994 moved to 255 Water Street Jacksonville FL
    6/5/1997 acquired by First Union National Bank
    6/5/1997 renamed and move and became a branch of Wachovia Bank, National Assoc
    3/20/2010 Enterprise Tower BR moved to
    255 Water St, 1st Floor, BIT Jacksonville FL

    First Union National Bank of Charlotte renamed to First Uniono Bank of North Carolina 4/5/1982 renamed to First Union National Bank, 7/25/1985 renamed to First Union National Bank of North Carolina and moved to 301 South Tryon St, First Union Plaza, Charlotte, NC
    6/5/1997 First Union National Bank of NC renamed First Union National Bank
    4/1/2002 renamed to Wachovia Bank, National Assoc moved to 301 South Tryon St, Wachovia Plaza Charlotte NC
    6/17/2002 Wachovia Bank, NA moved to 301 South College St, Charlotte NC
    3/20/2010 Wachovia Bank, NA acquired by Wells Fargo Bank, National Association.

    DOES anyone really think that ‘Wells Fargo’ won the bidding war without undue influence from …


  25. What’s status on OCC Cease & Desist Order Against HSBC Bank USA, National Association, McLean VA for violating Bank Secrecy Act (BSA) and its underlying regulations?
    Issued 10/7/2010? (202) 874-5770.

    Did OCC assess civil money penalty against bank?

    Concurrent with the OCC’s enforcement action, the Board of Governors of the Federal Reserve System has issued a Cease and Desist Order upon Consent with the bank’s parent company, HSBC North America Holdings, Inc., to ensure the adequacy of the parent company’s firmwide compliance risk-management program.

    OCC found that the bank’s BSA compliance program had deficiencies with respect to suspicious activity reporting, monitoring of bulk cash purchases and international funds transfers, customer due diligence concerning its foreign affiliates, and risk assessment with respect to politically-exposed persons and their associates. These findings resulted in violations by the bank of statutory and regulatory requirements to maintain an adequate BSA compliance program, file suspicious activity reports, and conduct appropriate due diligence on foreign correspondent accounts.


  26. Patriot Wall of Hero’s Protecting Nation:
    Who will be next. Lets send our thanks and blessings to Guliford County in North Carolina
    Thank you Jeff Thigpen for protecting the welfare of this great nation! You are a true patriot.

    Can we have on LL a wall for ‘Patriots’ who wal in the light to protect the economy, third element of our national securtiy for they are the true heros!

    Jeff Thigpen, Register of deeds in Guliford County NC informed reportes as reported in Bloomberg and ‘Stop Foreclosue Fraud’

    Lenders Processing Servics.
    (LPS) signatures on more than 4,500 documents real estate valued at $624.8 Million dollars varied enough to raise doubts

  27. Cease and Desist Consent Order Issued Against DOCX and LPS Default Solutions posted by Dan Edstrom on 4/18/2011 a must read too.


  28. One’s rightful or proper concern or interest: “The business of America is business” (Calvin Coolidge).

    Cease and Desist Order – (law) a judicial remedy issued in order to prohibit a party from doing or continuing to do a certain activity; “injunction were formerly obtained by writ but now by a judicial order”

    Since OCC is without authority over MERS or did they realize MERS was tracking the payable and receivables issued by DOCX employeees in Lenders Processing Services division?
    MERS remains a non-financial institution and non-bank affiliate and is not the Note Holder in due course.

    Why did the Office of the Comptroller of the Currency, OCC#854730 and many, many related complaints of WFC, CMMC, LBHI, WFHM, Wells Fargo BankNA, Wells Fargo Asset Securities, Structured Asset Securities Corp, Aurora Loan Services, … OCC did ignore all of the complaints surrounding the unlawful business acts.

    LOOPHOLE: All transactions have affixed ‘national association’ used as a National Consumer Retail Brand Label resulting in all consumer protection agencies claiming they do not have jurisdiction but for the visitoral powers of OCC over national association.

    Why does the OCC 6/11/2011 exclaim in writing to Congressman Frelinghuysen District 11 and why did he accept the OCC’s claim that they are without authority to adjudicate the unlawful business matters? CONGRESS vested limited powers to OCC so that was not news to him. Did he authorize closing and preventing all future complaints? For the OCC did with intent refuse to process my complaints April/May 2011 claiming they said already what they had to say 6/11/2010.

    Congressman Frelinghuysen who was responsible as my authority fand my Other Representative for Congressional Oversight and reports of third party lender …. having harmed the economy, third element of our national security which I claimed over and over and over again.

    I reported third party funding and provided evidence including copy of the check payable to Settlement Agent from third party lender using credit lines of others in order for SELLER to generate a deposit. Evidence exists that the mortgage loans were sold sold multiple times using the same lot and block # ($360) ($352) ($447) and endorsements for (67.5) (88). That the ‘mortgage’ was not a mortgage but a ‘credit increase’ and that Wells Fargo did lie that they had nothing to do with the origination of the 2nd loan and yet they authorized twice the 2nd loan in the name of Star Mortgage Services dba Capital Home Mortgage and did order the origination for which their own employee of WFHM dba Wells Fargo Funding did get paid.

    Why has the OCC looked the other way? And what does the current headline actually mean in the C&D they will simply instruct others

    Does the OCC have a duty to ignore unlawful business acts which harm the economy and look forward as does the President.

    Or does the OCC have a duty to figure out why they don’t have a copy of the related transactions consumers do report and provide copies of?

    Did the OCC have a duty to turn over evidence to CONGRESS. Did the OCC turn evidence over to CONGRESS? to Executive Branch?

    Congress vested powers over alleged unlawful business acts. (some) to Attorney Generals.

    Agency: Latin agere to do

    Business / Commerce) a business or other organization providing a specific service; the place where an agent conducts business; the business, duties, or functions of an agent; action, power, or operation; intercession or mediation; one of the administrative organizations of a government

    An organization or individual engaged in collecting and/or processing information, e.g. also called collection agency.

    A business or service authorized to act for others.

    An administrative division of a government or international body.

    Act: . A product, such as a statute, decree, or enactment, resulting from a decision by a legislative or judicial body:

    commerce [ˈkoməːs] the exchange of goods between nations or people; trade on a large scale
    Commerce – the United States federal department that promotes and administers domestic and foreign trade.

    Slang: fob off, foist off, palm off – sell as genuine, sell with the intention to deceive.

    realise, realize – convert into cash; of goods and property

    auction, auction off, auctioneer – sell at an auction
    sell, trade, deal – do business; offer for sale as for one’s livelihood

    transact – conduct business; “transact with foreign governments”

    deal – sell

    retail – sell on the retail market

    wholesale – sell in large quantities
    liquidize, sell out, sell up – get rid of all one’s merchandise

    selling – the exchange of goods for an agreed sum of money

    clear – sell;

    negociate – sell or discount; “negociate securities”
    sell – exchange or deliver for money or its equivalent;

    buy, purchase – obtain by purchase; acquire by means of a financial transaction;

    payment – the act of paying money

    traffic – buying and selling; especially illicit trade

    take – buy, select

    get – purchase

    transaction, dealing, dealings – the act of transacting within or between groups (as carrying on commercial activities); “no transactions are possible without

    sell short – sell securities or commodities or foreign currency that is not actually owned by the seller, who hopes to cover (buy back) the sold items at a lower price and thus to earn a profit

    business enterprise, commercial enterprise, business – the activity of providing goods and services involving financial and commercial and industrial aspects;

    Commerce: n.
    The buying and selling of goods, especially on a large scale, as between cities or nations. See Synonyms at business.

    (Business / Commerce) the activity embracing all forms of the purchase and sale of goods and services

    Commerce and trade refer to the exchange and distribution of goods or commodities: laws regulating interstate commerce

    Interstate – adj. Involving, existing between or connecting two ormore states.

    intrastate – relating to or existing within the boundaries of a state; “intrastate as well as interstate commerce”

    Commerce – transactions (sales and purchases) having the objective of supplying commodities (goods and services)

    interchange, exchange – reciprocal transfer of equivalent sums of money (especially the currencies of different countries); “bank profits; banks employees earns living from the interchange of currency”

    trading – buying or selling securities or commodities

    trade – the commercial exchange (buying and selling on domestic or international markets) of goods and services;

    e-commerce – commerce conducted electronically (as on the internet)

    Supplying commodities. Business pertains broadly to commercial, financial, and industrial activity:a.

    adjudicate vb
    [from Latin adjūdicāre to award something to someone, from ad- to + jūdicāre to act as a judge, from jūdex judge]

    adjudicate – put on trial or hear a case and sit as the judge at the trial of

    adjudicate – bring to an end; settle conclusively; “The case was decided”; “The judge decided the case in favor of the plaintiff”;
    try, judge
    decide, make up one’s mind, determine – reach, make, or come to a decision about something; “We finally decided after lengthy deliberations”
    resolve, settle, decide
    terminate, end – bring to an end or halt;
    adjust – decide how much is to be paid on an insurance claim

    1. (Law) (when intr, usually foll by upon) to give a decision (on), esp a formal or binding one
    2. (intr) to act as an adjudicator

    v. ad·ju·di·cat·ed, ad·ju·di·cat·ing, ad·ju·di·cates
    1. To hear and settle (a case) by judicial procedure.
    2. To study and settle (a dispute or conflict):
    To act as a judge.
    ad·judi·cation n.
    ad·judi·cative adj.
    ad·judi·cator n.

    verb judge, decide, determine, settle, referee, umpire, mediate, adjudge, arbitrate a commissioner to adjudicate on legal rights

    Adj. 1. alleged – declared but not proved; “alleged abuses of housing benefits”- Wall Street Journal
    declared – made known or openly avowed; “their declared and their covert objectives”; “a declared liberal”
    2. alleged – doubtful or suspect; “these so-called experts are no help”
    so-called, supposed
    questionable – subject to question; “questionable motives”; “a questionable reputation”; “a fire of questionable origin”

    al·leged (-ljd, -ljd)
    Represented as existing or as being as described but not so proved; supposed.

    al·leged·ly (-ljd-l) adv.
    Usage Note: An alleged burglar is someone who has been accused of being a burglar but against whom no charges have been proved. An alleged incident is an event that is said to have taken place but has not yet been verified. In their zeal to protect the rights of the accused, newspapers and law enforcement officials sometimes misuse alleged. Someone arrested for murder may be only an alleged murderer, for example, but is a real, not an alleged, suspect in that his or her status as a suspect is not in doubt. Similarly, if the money from a safe is known to have been stolen and not merely mislaid, then we may safely speak of a theft without having to qualify our description with alleged.

    alleged [əˈlɛdʒd]
    adj (prenominal)
    1. stated or described to be such; presumed the alleged murderer
    2. dubious an alleged miracle

    unlawful [ʌnˈlɔːfʊl]
    1. (Law) illegal
    2. illicit; immoral unlawful love
    3. an archaic word for illegitimate
    unlawfully adv
    unlawfulness n

    Adj. 1. unlawful – not conforming to legality, moral law, or social convention; “an unconventional marriage”; “improper banking practices”
    improper, unconventional
    irregular – contrary to rule or accepted order or general practice; “irregular hiring practices”
    2. unlawful – contrary to or prohibited by or defiant of law; “unlawful measures”; “unlawful money”; “unlawful hunters”
    illegal – prohibited by law or by official or accepted rules; “an illegal chess move”
    corrupt, crooked – not straight; dishonest or immoral or evasive
    lawful – conformable to or allowed by law; “lawful methods of dissent”
    3. unlawful – not morally right or permissible; “unlawful love”
    illicit – contrary to accepted morality (especially sexual morality) or convention; “an illicit association with his secretary”
    4. unlawful – having no legally established claim; “the wrongful heir to the throne”
    illegitimate – of marriages and offspring; not recognized as lawful
    5. unlawful – contrary to or forbidden by law; “an illegitimate seizure of power”; “illicit trade”; “an outlaw strike”; “unlawful measures”
    illegitimate, outlaw, outlawed, illicit
    illegal – prohibited by law or by official or accepted rules; “an illegal chess move

    adjective illegal, criminal, illicit, banned, forbidden, prohibited, outlawed, illegitimate, unlicensed, under-the-table, unauthorized, against the law, actionable employees who believe their dismissal was unlawful

    jurisprudence – the collection of rules imposed by authority; “civilization presupposes respect for the law”; “the great problem for jurisprudence to allow freedom while enforcing order”

  29. Dear Scott, and all ‘Consumers’ stop being bullied!

    Open up the windows and scream outside at the top of your lungs! Just like in the move was it in BROOKLYN? ‘I AM NOT GOING TO TAKE THIS ANYMORE”?

    Consumers are in danger of losing their property to unlawful seizure due to misapplication of payments, withholding applications of payments, forced late payments, and you are in control of your right to be safe in life and property thanks to LivingLies community.

    Dispute SERVICERS applications of payments of P&I and …

    Consumers will find an excellent example of a Qualified Written Request Real Estate Settlement Procedures Act request, provided by a lawyer on Squib.

    Secure updated financial records of all payments, principal and interest, and copies of busines statements for many consumers have found out the hard way that payments were witheld from consumer, and credit lines used by third parties taking possession of consumer property in larcenous manner and if each consumer does not report the facts of harm and injury as formal Petitions to Redress Grievances seeking CONGRESS to use evidence against the perpetrators there never will be an accounting nor justice of the harms to the economy and consumers respectively.


    The more details the more effective response. No response within the alloted time requires you to claim the wrongs and submit a QWR Request, and following procedures and receipts to confirm document sent will insure you can bring claim to a federal court as Plaintiff if necessary to right the wrong.

    Under RESPA the LENDER must respond within 21 days and provide a resolution within 60 days.

    Non-response is an act of a bully who has no respect for the law and does not respond if you don’t submit in the manner expected. If not submitted in the manner expected the SERVICER will not respond. The SERVICER responds to attorneys so if your attorney claims they did not respond investigate and look at the documents they sent and how and find out if the attorney had your best interest or theirs in mind when tolerating the non-compliance. SERVICER as lawfully threatended will comply because they must with legal process and procedures.

    Can you do this pro se or pro pe? Yes if you read and make sure you follow the rules so in Court the other side can’t lie and claim that you did not suffer prejudice as a ‘defendant’ making an excuse for their conduct such as ‘the request was not specific.’

    Failure to produce documents considered sufficient prejudice.

    Delay alone not sufficient to claim harms from prejudice of actions by plaintiff impaired defendant’s ability to go to trial or threaten to interfere with the rightful decision of the case. This information taken from a case discussing such facts.

    Expert testimony suggesting ‘Plaintiff’ may have altered or manufactured relevant documents and that some documents may be missing.

    If you don’t figure out what documents are missing how are you going to claim the harm?

    Defendant adamantly requesting evidence weights against Plaintiff. Don’t request evidence nothing to weigh against Defendant. Court, and Judge, independent and don’t look at a document and don’t accept hearsay evidence — oh lookie judge we have China Brown. While you lose and are wondering why the judge ignored you that is part of Civil procedure how the evidence is to be requested and how the evidence is to be certified by expert testimony, and its not a slam dunk, the decision under law remains with the judge (50/50).

    I have not provided the citations as presented in the case for that is law and I am not a laywer, and I do not know law even if I think I do I don’t. I’m just sharing facts regarding COMMERCE, US Constitution, Business Law, Civil Procedues, and who has Jurisdiction for civil or criminal acts based upon law both state and federal and governing regulations of federal administrative agencies. Consumers lose in court over and over because they choose to ignore the transactions and facts of law that will protect those transactions over the thing that they can claim when a defendant who owes a debt, and can claim as a Plaintiff (person) with causes of action (COMPLAINTS) that the Court can rule over and provide a remedy.

    I did not make the rules. The rules are made by CONGRESS. So don’t be disappointed in me or my writings except for grammar mistakes and misspellings.

    Remember consumers who send QWR’s to SERVICER expecting a response in accordance with law won’t get one. SERVICER not required its the LENDER who is required. The SERVICER paid to collect money as receivables and is not required to respond on behalf of the LENDER unless you are specific in accordance with law.

    I did not receive responses QWR in early 2009 which included evidence of fraud. Why? Because the SERVICER and this is a quote ‘DOES NOT DO RESPA”. I learned how an attorney will secure documents because they know the law and how to write the request. If you have an attorney and they did not get a proper response and did nothing to protect you they are negligent.

    Examples at your fingertips via google.com of good QWR RESPA requests. Will yours be good when you retype yours?

    Under Section 6 of the Real Estate Settlement Procedures Act (“RESPA”) Qualified Written Request (“QWR”)
    Borrower(s) names, legal address, phone, email, signature.

    The Seventh Circuit issued an important decision concering RESPA QRW’s Section 6(e) requires SERVICERS to acknowledge receitp of a QWRwithin 20 days and 60 days to cure defects of loan in accordance with section 6 of RESPA 12 U.S.C. § 2605…. to dispute validity of …. information relating to the servicing of a …..

    Thank you 7th Cir Rules Against Servicer on QWR Issues which are to provide borrowers with consumer protections relating to servicing of their loans which is what it is all about and got to do with the PSA and everything before the COURTS!

    1/16/2011 Please read:


    Very ineresting ‘Foreclosure Avoidance Techniques’
    http://www.buchalter.com/…// foreclosure%20avoidance%20techniques%20richards%20ppt%20(4).pdf

    29 pages what to do if borrower claims….

    What can you do in a civil complaint pro se meanwhile if the SERVICER does not comply to get satisfaction? I am guessing … without an attorney to ask … and pray one will respond with the proper cause of action in an alias…

    Consumer may file a complaint prose cause of action for the harm is against the person you in that the SERVICER’s failure to produce documents as required if the party does not when the court requests are subject to fines in accorance with laws.

    Google.com RESPA QWR CA and Oregon

    Discusses RESPA Coverage too as RESPA applies to a ‘federall related mortgage’ and what is a federally related mortgage…. what the law states.

    All foreclosues and bankruptcies must request and submit QWR RESPA REQUESTS and if your attorney did not they are negligent and may be an REO Broker, Broker, Agent, Dealer, Distributor wholesale or retail and not acting in good faith!

    In order to not suffer what will become a lawful seizure because you as a consumer did not exercise your rights of due process part of consumer protections you are to claim.

    What governs a response is law and non-response has consequence.

    BORROWER submits their personal property (cash) to pay a mortgage loan. Are the payments being applied lawfully? Were the payments applied lawfully?

    Primary Mandatory Authority over 7th Circuit Appealate and Persuasive Authority SERVICER is required to conduct an investigation of the borrower’s concerns, and are required to provide an explanation or clarification of the reasons the servicer believes the account is correct within the time frames specified.

    Law states this requirement both to protect consumers and to not waste valuable time of courts.

    RESPA Qualified Written Request (“QWR”)

    What evidence will be of value to you in court will depend upon claims of Plaintiff to Court in the case of a foreclosure.

    What evidence will be of value to you in bankruptcy court will come from documents you requested and will continue to request and dispute facts in accordance with laws.

    SERVICER in agreement with LENDER. SERVICER in agreement with INVESTOR. SERVICER in agreement with Sub-Servicers.
    SERVICER in agreement with Master Servicer.
    SERVICER in agreement with …

    Origiantor and Servicer the ‘Agency’ or agreement between governs what must occur before the origination documents are submitted and complete and the SERVICER will submit the ‘mortgage’ to be recorded (not the Settlement Agent) who are required to submit the ‘mortgage’ as part of ‘post closing’ to third party of Servicer (could that be LPS? DOCX?…)

    Documents from LPS, DOCX, settlement agent and/or broker responsible for the ‘funding’ of the mortgage loan includes evidence related to your personal property taken out of the refiance funding and you have every right to a full accounting, mini-ledgers from the settlement agents, etc.

    Dates the ‘servicer’ took over servicing from the origiantor the servicer charged the originator a fee. Dates the servicer turned over account for collections to robo-law firm in your state they charged a fee.

    You have every right as they connected by the THING ‘mortgage loan’ to secure copies of documents.

    Including LENDER’;s Underwriter, Appraiser, Settlement Agent, Broker, Dealer, Agent, Distributor wholesale and retail. Why do I continue to repeat over and over. The human brain takes in pieces of info and we need to hear over and over until we absorb and process the information or we skip over what we don’t process and we don’t understand.

    In order for LENDER in good faith and with fiduciary duty to approve the loan or credit increase (refinance) was based upon the borrower and believe it or not the credit line of the third party person for the funding check / wire transfer was issued to a person and drawn upon an unrelated third party entities account.

    LENDER/CREDITOR want to generate deposits – they don’t care about how just get me deposits. Their employees and affiliates are paid well to get them deposits.

    ORIGINATIONS pipeline and conduits did insure deposits by using credit lines of third parties and hence money laundering convering assets into currency into deposits and deposits into other assets owned by the bank.

    All monies taken in as fees of servicing become deposits converted into other assets in the name of the owners of the bank.

    How did they keep operating expenses covered? You buying common stock. For example, when Attorney General Brown (who was my hero in office) took on Wells Fargo and got a no-fault settlemetn for $1.5 Billion dollars guess how Wells Fargo covered it the no fault? Sold more common stock. What was the case? 2009/2010 investors was lied to by Wells Fargo employees regarding the available of the higher yielding products. Attorney General Brown was attacked thereafter by the ‘machine’ who you are not to cross but he had a great no fault ruling that every AG should have run with to protect all of the ‘investors’ harmed in every state, the case filed in the public domain. What evidence did they have? to ensure a quick resolution? Perhaps it was not evidence rather the presence of the government able to view documents with TARP funds in the pipeline.

    Anyway, to get deposits into Wells Fargo Asset Securities or Structured Asset Securities Corp, for example, the third party credit line check is deposited into the SELLER and/or Originators Corporate Securities Treasury in order that the owners of the bank could transfer curreny into other assets.

    Banks are allowed to take a chunk of deposits put into OWNER’s NAME in the form of another ASSET of the BANK.

    For example, a Note, will be purchased with the funds deposited (365 days or less) as an asset of the bank as owner and become whatever once converted into OWNER NAME c/o Cede & Co nominee DTC which has absolutely nothing to do with you the consumer as borrower and MERS totally separate issue.

    Get copies of documents SERVICER’s TRUSTEE claims, and read the documents, and secure evidence that the certificate holders are being paid, and that the loans are not in default so when the Plaintiff submits evidence to court (falsified) you at the right time will object and move the court to rule over the chain of title (A, B, C, D) not (B, A, x, x)

    Deposits feed a bank and reason owners invest in banks. Not speaking of common stock holders. Speaking of owners like Wells Fargo & CO/MN formerly Norwest Corp, Lehman Brothers Holdings Inc., …. Who are the owners of your bank? SECINFO.COM 10K’s will reveal first through current history. Who are the Parents in Federal Reserve System ffiec.gov will reveal. Who is the entity responsible for the foreclosure or bankruptcy as LENDER a National Association as defined in the mortgage security instrument.

    Think about this. How could the banks be bankrupt if they did not launder money out of the nation? Where did all the money go? What’s the President gonna go about it? What can he do about it?

    US Government deposits of social security, disability, medicaid, medicare, paychecks, ‘chunks’ converted into assets of owners of banks.

    Our unemplyment checks, payments of escrow, chunks become put into owners of bank name.

    Lehman Brothers FSB bank as a federal savings bank had to convert 65% into real estate assets so we know how they went broke or did they? Where are the asset in the name of the bank? that Wells Fargo Bank NA moved to the left for them as ‘Master Servicer’?

    An understand under Bank Secrecy act portions may be viewed over web via google or minutes.

    Banks are to be held to a higher fiduciary authority and as are attorney’s, as are US TREASURY and CONGRESS. How did CONGRESS who is the only body who may create laws, and the only body who may prevent enforcement of laws when COMMERCE involved until questioned in court when Complaint heard by Judiciary of Executive Branch (Attorney Generals).

    Who did allow the banks to convert deposits into assets of the owner of the bank allowing the economy to be harmed?

    Meanwhile what to do about it?

    Paper assets such as Notes (365 Days or Less) are short term investments and easiest way to convert deposits into other form in owners name c/o Cede & Co (foreign organization outside USA) with Depository Trust Co (DTC) as nominee.

    Paper assets such as spreadsheet fully redacted presented in court by Plaintiff (TRUSTEE) as a ‘Certificate’ is not a real Certificate for real certificates are not issued to consumers so wake up! How could a judge take a redacted spreadsheet as evidence and waste the court’s time resulting in an appeal? Because the Plaintiff filed falsified documents. Why is that Plaintiff not being prosecuted for this happened forcing sale of property in favor of Plaintiff that eventually another court overruled. Did consumer get property back? Will you face in a contested foreclosure the Plaintiff filing a protective order to submit falsified documents? YES! How will you know if they are falsified or not?

    Why are the US Attorney Generals quiet? Collecting Evidence I Pray.

    What will the State Attorney Generals be able to do about national associations as LENDER using (credit lines of a third party) to issue a check to its affiliate settlement agent, broker, warehouse lender, distributor wholesale and/or retail?

    What will the Attorney General’s with jurisidiction over unlawful business acts as vested by Congress do about money laundering and ponzi schemes? Seeking evidence. Who has evidence everyone but the banks! You have evidence in your broker – settlement agents folders. Lenders Processing Services division and DOCX subsidary of First National Financial have evidence of checks both payables and receivables. MERS has evidence of electronic transactions tracking the payables and receivables. So what to do?

    Secure evidence of the funding from (unrelated third party) Agency for the substantive omissions of material facts will reveal intent of LENDER to withhold accurate business statements to and allow third aprty to take possesion of property in larcenous manner.

    Remember that you have no accurate business documents or statements and you need as a responsible consumer to request them annually to insure your currency is applied to your accounts correctly!

    How can you request documents related to agreements you don’t have. Recognize that the Sales Agreement has affixed to it the (10 digit loan number) that the SERVICER used to collect payments as receivables from you monthly.

    The 18 digit MERS SERVICER ID not provided on all mortgage loans.

    The missing digit on the ‘loans’ are the first 7 digits – the MERS ORG ID. Puruse the MERS ORG ID’s. The MEMBER’s Agency will be registered in fictitious names, abbreviations, also known as, ….

    Did you know Wells Fargo Home Mortgage is a division and all of the ‘subsidiares’ I’ve reported under other posts do business as ‘Wells Fargo Funding Inc. Correspondent eLending, Sixth & Marquette, Minneapolis MN 55479, MERS ORG ID: 1010064, Lines of Business: INVESTOR, eRegistry and eDeliver participants YES!

    GUESS WHAT AURORA LOAN SERVICERS LLC is NOT! or is? put in the url and search on the
    MEMBER ORG ID: 1000254

    America’s Servicing Company is or is not?
    You need to know in the state of Minneapolis with the Secretary of State, the entity is an Assumed Name also known as a fictitious name and is now inactive having expired 1/6/2010. The entity’s Filing Number: 231271, Original Date of Filing 1/6/2000
    1 Home Campus, MAC X2406-011, Des Moines IA 50328-0001. Wells Fargo Home Mortgage born in CA in 2000 was merged out of existence in SD in May 2004.

    Norwest Home Mortgage was a Domestic Corp 9/27/1985 in Minneapolis dba Norwest Funding II INc. 33 S 6th Str Minneapolis MN 55402. Whose Wells Fargo Funding Inc? Wells Fargo Home Mortgage is a division of Wells Fargo Bank NA.

    Registered as a MERS MEMBER ORG ID first 7 digits 1005298, same address as America’s Servicing Co, and same phone 651-605-3711 for mers@wellsfargo.com, Servicer, Subservicer, Investor, Document Custodian, eReg and eDel ‘YES’

    Wells Fargo Home Mortgage, Inc. Foreign Corp (born in CA in 2000) was renamed in Minneapolis from? Does not say so we’d have to request documents from Secretary of Treasurer of MN Filing Number 61788.

    We know WFHM merged out of existence into Wells Fargo Bank, National Association which does busienss in all 50 states and US Territories as a national association not a registered entity.

    Why was Wells Fargo Home Mortgage doing business 380 Jackson Str #418, St Paul MN 55101?

    What accurate busienss statements were withheld from you during Origiantion? You don’t know because you don’t know what is processed during Origiantion. What accurate business statements are withheld from you during SERVICING? All that are between Agency you are not part of but are connected to ‘thing IN REM mortgage loan, mortgage, note, note holder, riders, adjustable rate riders, endorsements, amendments, credit line increases, title policies, appraisals, underwriter approve of LENDER, thrid party credit lines uwed to fund loans, … funds which are your personal property as cash used to pay the originator, commitment fees to the third party warehouse lenders, broker fees, REO LENDERS, etc., all withheld from you as undisclosed charges on a generic form HUD and TILA which was suppose to protect consumers not enable fraud. But what did those forms do? Provide a means whereby LENDER, Broker, Servicer, was purportedly in compliance and purportedly withholding substantive omissions of material facts became in collusion and collaborators under the disguise of falsified statements, misrepresentations, …….lies.

    R.K.Arnold’s lie before CONGRESS, John Stumpf, Jamie Diamond … ‘We don’t record retail transactions which would not make sense.’
    Liar… Liar pants on fire. All payable and receivable transactions of MERS Members get deals and are recorded. I beleived the ‘retail did not get recorded’ for the mortgage was recorded and the mortgage loan origination value is the asset recorded at full value on the books of the Note Holder who is the LENDER.

    Corporate Securities Treasury, aka Structured Asset Securities Corp or Wells Fargo Asset Securities Corp, of the SELLER, as Originators, deposits for ‘mortgage loans’ business statements are withheld from borrower as consumer.

    Origination SELLER of discounted loans gets deposits. LENDER gets possession of the note as ‘Note Holder’ and will try to take property and house through SERVICER.

    Many refinances were simply a credit line increase presented as a mortgage.

    Electronic transactions of payables and receivables recorded in MERS but transactions processed in back office by DOCX a subsidiary of First National Financial.

    The electronic documents were created by LPS division employees working in DOCX generated ‘mortgage’, and ‘Notes’, and ‘Riders’, ‘Endorsements’ and Amendments real and falsified and checks both payables and receivables.

  30. Afraid to stop paying even with MERS all over my so-called MOD. My family will not live in the streets too well these days. Is the power for the people really there? All is sooo unknown still as our gov can and does change on a dime to their benefit. Would one get laughed out of the court bringing quite title while having a 2% interest loan for five years, interest going up from there?? Quit paying my second and just get threats for BOA as they would hve to pay off Chase for my understanding..but Chase is a little nastier. I would hate to do my family in, if not for that I would have walked two years ago. Still concerned, very concerned this is yet another “Oh darn we were so close”.

  31. Dear Uprooted and those in imminient danger of pretender lender National Association unlawful seizure of your blood, sweat and tears …

    Take the ‘living language’ of the electronically generated documents including:

    ‘Mortgage’ (definitions)

    Since the ‘initital mortgage’ on the property as filed with the County Clerk/Recorder and Court.

    Realizing your last agreement may be treated as a ‘credit increase’

    How will you know? By the Right to Canel documents you signed presented by the ‘Settlement Agent’

    The copy of the ‘credit authorization’ to make an inquiry on your behalf allowed the ‘pretender lender’s affiliates both banking and non-banking affilaites, employees, agents, dealers, brokersdistributors, whether wholesale, intermediary or retail to …

    1) Take your property by deceptive acts
    2) Allow third parties to take possession of your property in larcenous manner

    (Your evidence will allow what cause(es) of action you may list on your Complaint as Plaintiff in Civil Action pro se to seek the documents withheld from you the person! For substantive omissions of material facts from the person ….

    ‘Security Instrument’ all of the above the date the
    ‘Consumer’ as ‘Borrower’ signs

    Lender “xxxxx” is a National Association


  33. MERS signed documents have all along been fraud assignments by fraud signers stating they were employees of MERS when they were employees of the pretender lender. Shutting down MERS and MERS being a diffident break in the chain of title should enable you to get Quiet Title. I have found one lawyer in the Seattle area that is asking for quiet title for a party her in this area. I am going to talk to this lawyer to make sure that is the case and I will put this lawyers name out for you. I could not find a lawyer that would do this when I filed. I tried so I am Pro Se. The judges have been partial to the banks, with all this change and MERS being shut down their is one judge in Seattle that has put his cases on hold to make a judgment. This is good for Washington residents that have seen no mercy in this non judicial state. I went flying to an attorney that took my money and told me I had a good loan modification fraud case, but did not agree with me on what I should base my case. I wanted to throw RICO and criminal charges the works. So I agreed to do it her way, then after I paid her she decided the judges would not rule for the homeowners so the only way she would help me is do bankruptcy, which I did not want to do. She had my money and so I filled out the bankruptcy chapter 13 papers not happy with it at all. She has done nothing for me and will not communicate with me unless I e-mail and e-mail here and call and call her so I quit calling and I filed Pro Se last August. I went to her in December 2009.. She has my sixth modification payment in her trust fund and has been paid in full for the bankruptcy and is waiting for a foreclosure notice to be attached to my house which has not happened. I have informed her I filed Pro Se. I have visited and paid for talking to at least half a dozen attorneys. I can say all my help has come from off the internet. Anybody on the web that has an attorney in any state that is non judicial please put it on the internet. I have also file complaints and my case with the attorney generals office and it has gone to the comptroller of the currency. I have sent it to every gov agency that is suppose to be investigating the this crime. Livinglies has a letter of dispute, a LETTER OF OBJECTION, i BELIEVE I TOOK THE LETTER IF URGENT MEMORANDUM FROM LIVING LIES, but it may have not been from here, a letter of Default and Dishonor ; Discharge of Obligation to pay Instrument ; and Lawful Demand for Reconveyance I sent to all parties and recorded at the King County Records department. I received a LETTER OF CANCELATION OF DEED OF TRUST AND NOTICE OF LAWFUL SEISEN from help off this web site communicating with me to help me. I have sent them all in. It has been over a month since I sent the two letters that allowed the last letters to go out and the last two letters are on their way to the recorders office. You have to get a cover letter off the internet and pay fees for the recording. I feel this will block their efforts or get Quiet title with any luck. I am not an attorney and I am doing what ever I can to stop these crooks. Duetsche Bank is trying to get mine. They state they pay ten dollars for the property but I am sure they get it free. Not that ten dollars is not free. There must be some legal reason they claim ten dollars. Possibly because they can not legally state free because they are not the lender and have not put funds into the loan, so they have to state they paid something for it, to make it look legit. What a joke!

  34. Shelley A. Erickson ‘Amazing’ excellent detective work and a great movie where the audience (consuemrs as individuals) can push a button and select the ending so the new Irish President ‘O’Bama can decide how to push the election in his favor.

  35. MERS

    Now that everyone has had a chance to celebrate the MERS Cease and Desist order… My question is What does this mean to people who have MERS as a Beneficiary on their Loan Docx?

    Can this Stop a Foreclosure if MERS is on the NOD?

  36. Thanks, Shelley, I thought they probably used the time to move money around, or offshore.

  37. What is even scarier, is look up Deutsche Bank linked to the Auschwitz death camps. And Chase bank linked to the same death camps.

    About 225,000 results (0.27 seconds)
    Auburn, WA
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    Death by Foreclosure | Man Triggers Six-Hour SWAT Standoff That …
    May 27, 2011 … Duetsche Bank has never loaned one dime to a mortgage. Chase bank linked to the Auschwitz death camps also. The construction companies in …
    4closurefraud.org/…/death-by-foreclosure-man-triggers-six-hour-swat-standoff-that-ended-when-he-took-his-own-life/ – Cached

    Bush family Nazi connections, and the Black Pope!
    Oct 4, 2010 … Aldolf Hitler joined the German Brotherhood of Death Society (Skull + …. However, by April l7 l945 the Chase National Bank “was placed on trial in … in the opening of Auschwitz concentration camp on June 14, 1940, …
    bushnaziconnections.blogspot.com/ – Cached

    BBC News | Europe | German bank linked to death camp
    German bank linked to death camp. Some 1.5 million people were killed at Auschwitz The largest bank in Germany, Deutsche Bank, has admitted that it lent …
    news.bbc.co.uk/2/hi/europe/272860.stm – Cached – Similar

    Deutsche Bank Linked To Auschwitz Funding – NYTimes.com
    Feb 5, 1999 … Deutsche Bank Linked To Auschwitz Funding. By John Schmid … biggest German bank helped finance construction of the Auschwitz death camp, …
    http://www.nytimes.com/1999/02/05/…/05iht-berlin.t.html – Similar – Add to iGoogle
    Deutsche Bank & Nazi Auschwitz death camp – Issues Section
    Feb 5, 1999 … Deutsche Bank financed. Nazi’s death camp … Hitler for financing the construction of the Auschwitz death camp in Poland where in Himmler’s …
    http://www.bulldognews.net/issues_deutsche_bank.html – Cached – Similar
    Death by Foreclosure | Man Triggers Six-Hour SWAT Standoff That …
    May 27, 2011 … type into your computer Deutsche Bank linked to the Auschwitz death camps. Deutsche bank is called the forclosure King. …
    4closurefraud.org/…/death-by-foreclosure-man-triggers-six-hour-swat-standoff-that-ended-when-he-took-his-own-life/ –

  38. Alice type in on your computer “American concentration camps”, there are over 800 prisons in America Halliburton built that is owned by Dick Chaney. They are all empty yet manned. My guess is they hold over 400 million people. One of them just outside of Ketichan Alaska holds a million people. My customers and sons and friends have been working on them. It has been one of the few construction jobs out there in the Seattle Tacoma area. I believe they are intended for martial law. The construction workers are told they wont open for a couple of years and they are FEMA camps and or prisons for illegals. I dont believe anything, but it is scarey. In any case we have plenty of prisons, I believe the banks intended them for us. And I believe we have lots of room for them instead.

  39. I believe the order began in April but was signed and a done deal on JUNE 02, 2011. MERS was given a chance to shore up their business and could not do it. I kept wondering if they were packing their bags to other country, or if they had some rabbit up their sleeve to get them out of the hole. WELL THE ANSWER IS NOPE!

  40. That does not surprize me A ALL! It had to be either patsies sacrificed or somebodies they wanted out of their way.

  41. Today Marshall Matt Dillion died. Now there will never be justice in the system.

  42. I’ve searched today for more info, but this seems to be old news. The link goes to the April cease and desist order. I couldn’t find anything about a settlement. Did I miss something?

  43. 80’s S&L cont…So it was a corrupted political will operating with the banksters’ agenda. Though in the short run it looked admirable (and was important to do) …in the long run it was part of the staging for what we are experiencing now.

  44. Shelly, the reason 800+ went to jail back in the 80’s Savings and Loan collapse is because the banks were behind bring the S & L competition down.They wanted to take over their market share and did so by taking down the regulatory wall which separated these two financial factions, so that the banksters could rule. I have it first hand from one of the investigative team members that was sent in to find the fraud and put the legal evidence together for those court cases.

  45. Neil,

    Don’t you have to be licensed to process foreclosures?

    Fidelity National Title Company is Fidelity National Insurance Services.

    My Notice of Default and Notice of Trustee Sale filings with the court state…
    Default Resolution Network or Power Default Services Inc. are Trustee by it’s agent
    Fidelity National Title Company
    17911 Von Karman Ave, Suite 275
    Irvine, Calif.

    Irvine is located in the county of Orange. The Department of Insurance does not have a license for Fidelity in the county of Orange. The surrounding counties for Fidelity licensing are for life or accident insurance.

    The Department of Corporations has no listings for any of the three companies above.

    The National Mortgage Licensing System and Registry. The closest I’ve come to is Fidelity Bancorp Funding Inc. in Orange county but they aren’t talking about the processing foreclosure service.

    Who issues business licenses to open up foreclosure processing?

    If the paper work is filed through the court, should they have a license to be in business?

    How did you pay the notary or Robo signer?

    How are the business taxes being paid when you don’t have a license?

    Fidelity is the parent and creates foreclosure subsidies to cash in on the foreclosure biz, how far does that license reach?

  46. Shelley, it’s my understanding that MERS (and its other arms) does have several actual employees, so I wasn’t talking about so-called certifying officers. Either way, the point it MERS has wrecked our land records with clouded titles.

    My calculator died when I tried to multiply $3.95 times 85 million. LOL

    I hope everything Neil said here comes to fruition and things turn around for all of us.

  47. spread the word- GOT MERS?
    Ask everyone you know in conversation and offer to look it up at their local Registry of Deeds. Educate everyone you can. There is power in our numbers.

  48. Alice- That is it Girl! You have it right!

  49. Gregory, well done. Well done Virginia. This is how it should work but for the millions of people that can’t afford an attorney it won’t work, nor will it work in a non-judicial foreclosure state where the people selling these homes on the courthouse steps don’t understand real estate law.

    To find an informed attorney right now if like looking for a needle in a haystack and more importantly finding one who is ready to buck ‘the system’, student loan be damned, is even harder. The general public is not aware they have rights, that they have been used. We have been taught so well that we must retain our moral integrity…we swallowed the whole whale. I know that more and more people are realizing every day that they are victims not loosers because of sites like this and postings like yours. Thank You.

  50. Shelley, I believe the damage is Total. Where do we begin as far as jailing all the fraudsters. It will take decades to unravel this fraud. Thousands upon thousands of people were involved in this scheme, from the robo-signers to the Investment Fund managers. We will have to build a few more prisons to house them all. Everyone involved should pay for their part of this crime. Personally I would start with the people that started MERS. Without MERS this scheme could not have been launched. Those people’s names are out there and available to the prosecutors. MERS is the head of this beast and as long as it continues to be an officially sanctioned entity the fraud will continue.

  51. Neil & everyone:

    These Orders are much bigger than MERS:

    Look below and download the consent order .pdf for your specific bank, and request your judge take judicial notice of it in your court complaints and exhibits, and special motions!

    First, here is 8 Banks & MERS Press Release for an exhibit:


    Each big bank’s specific Consent Orders below. Save on your hard drives & print too:

    Consent Order for Bank of America (PDF)
    Consent Order for Citibank (PDF)
    Consent Order for HSBC Bank (PDF)
    Consent Order for JPMorgan Chase Bank, N.A. (PDF)
    Consent Order for LPS; DocX, LLC; and LPD Default Solutions, Inc. (PDF)
    Consent Order for MetLife Bank, N.A. (PDF)
    Consent Order for MERSCORP and Mortgage Electronic Registration Systems, Inc. (MERS) (PDF)
    Consent Order for PNC Bank, N.A. (PDF)
    Consent Order for U.S. Bank National Association, U.S. Bank National Association ND (PDF)
    Consent Order for Wells Fargo Bank, N.A. (PDF)

    Interagency Review of Foreclosure Policies and Practices (PDF)

    Enjoy, and expose them to your Quiet-Title Judges! This should educate the Courts if they are not sold out beforehand.

  52. Thank you Neil & Company for all that you have done and continue to do to keep us informed.
    Neil, your editorial comments are priceless and bring home the important points for those of us “regular folks” just trying to hold onto our home, thanks to your encouragement to stand tall and fight for justice. We would have handed the bank the keys long ago thinking we were deficient human beings for no longer being able to afford the ridiculous interest only mortgage payments, and then, for not being able to “qualify” for any of the modification programs that we dutifully applied for over and over at their urging for nearly 2 years, only to be told we probably would get a loan mod, then to get a letter each time stating we didn’t qualify. We now know these programs are a sham thanks to your blog and reports of so many others who faced similar antics at the hands of these banks..ours is Wachovia/Wells Fargo. We have been through years of stress and turmoil, leading to never feeling well, hiding out in our home for fear of the community discovering we are broken and broke, nearly losing our minds and blaming each other for our circumstances. They cannot be allowed to get away with what they have done to all of us! This is treason as they have nearly brought down our economy, let alone what they have done to individuals, families, communities, states, & our beloved country.

  53. Alice, there is major damage, but it can be fixed as soon as the homeowners get their homes which are paid in full, the banks will be forced to down size and or smaller banks will take over. Once the real laws of the land become law again, and the bankster laws are obolished America will recover quickly. Why would investors trust these banksters again? They will not invest until the crooks that stole from them are in jail and the laws that have been in place, are put back in place of bank law, and corruption are abolished our economy will grow faster than it did under corruption. Americans will jump start this country and start to make jobs and spend money. We like to make money and work for a living and create small to large businesses. These banksters have sat on our economy pilfering every time including our tax revenue. I would bet America looks a whole lot better just one year after these banksters are put in their place, and I mean jail.

  54. Note I am in to big of a hurry. I never meant to put if in my last statement. I “when” we overcome these banksters there is no reason to believe it is if. We need to continue to step up our alerts and act and keep pressure on the government and the bankstes. A huge public outcry WORKS”

  55. Pam, The president of the United states of America is quoted in 1941 of saying hang the bankers, they were the cause of it, like they are now. In the 1980’s 800 banksters went to jail for this very reason, whom had caused a sizable depression in the 1980’s. The banksters sacrificed their sacrificial lambs to the courts and just continued their course to take over American Wealth until it got to this point. Even ” when”if we overcome these banksters and we will, we have to set laws in stone like going back to our forefathers and the laws of the land the Constitution and make sure it is set in stone, there will be no courts no laws that will conflict with the United states Constitution, that although we have sovereign states and our sovernstates are crucial to keep sovereign our Constitutional rights can not be taken from us, and protect us in our spvereomg states as nationalist. Our due process ran over by summary judgments and our Constitution is ignored. Abosolutely ignored. These banks are a large part of the reason, It has been bank law and not Constitutional law. And not we the peoples law. Our ecnomy would dip a litte now and then but this is over kill caused absolutely by organized corruption by the banksters and gangsters for stealing the wealth for the elite, from the wealthy and the middle class and from the poor. The “poor” so called deadbeats have be tricked by these banks for a long time, possibly since the begining of America or before, to have their homes stolen right back after making payments as long as they could and set up for failure. These arm mortgages have to be outlawed. The crime has just grown to the point that millions of Americans are in the streets homeless before we did something about it. Most of us not knowing what the banks were doing to the poor. We have to protect our poor to the wealthy to have a good life. Lets not forget this and police this situation and make sure the poor to the rich do not suffer ever again like this.

  56. MERS-related arguments make Aurora go away in Virginia.

  57. Forgot! Type in depositions of R.K. Arnold, and Williams Hullsman and read their depositions. Also type into stopforeclosure.com and click onto about forty to fifty depositions of admitted robo signers.

  58. Zoe, MERS did not have employees., Not one IT WAS RAN SOLEY AS A COMPUTER DATA BASE BY TWO OR THREE PEOPLE, I BELIEVE ONLY TWO. NO ASSISTANT SECRESTARIES. ALL ASSISTANT SECRETARIES ARE FRAUD SIGNERS. They usually were and are the employees of the foreclosure mills and foreclosures link DEUTCHE Bank and RECONTRUST. The dept collector foreclosing on you was making conflicting false fruad assignments pretending to be a MERS employee assinging to the foreclosure themselves. If you have MERS on your paperwork it has a clouded broken chain. My sons paperwork has the assistant secretary of RECONTRUST signing as secretary of MERS, on his on instrument no. 201007020538 in Pierce, County Records Tacoma, WA. Then the secretary of RECONTRUST (G. HERNANDEZ ) AND MIND YOU FOR SOME REASON RECONTRUST HAS HUNDREDS OF ROBO SIGNERS THAT ARE ASSIST. SEC OF RECONTRUST. G. Herandez signs as assist. sec of RECONTRUST on a King County instrument no. 20090831001476, then on a publized forged robo doc on the internet with Leticia Quintana as asst sec of MERS, G. Henandez is the notary witnessing Leticia Quintanas forgery assing the doc to MERS and they are both and all three signing this doc employees of RECONTRUST STEALING A THIRD HOUSE FOR FREE. iNSTRUMENT NO.2009-235820 Crook County, Orgegon.

  59. Finally MERS is getting squeezed on all sides…

    I am working with a producer in Hollywood on a under ground documentary called

    “Smoke and MERS”

    its about Foreclosures, MERS, Fraud, robo, BS, etc?

    The Producers are looking for homeowners who want to tell their story …

    Here’s your chance to be heard!

    If interested email me uprootedone@gmail.com

  60. carie, yes, but imho, that ship sunk and they are on lifeboats now…floating around in the ocean and there is no one to rescue them. They can yell and shoot off their emergency flares but no one sees them. Meanwhile the food has run out, the water is nothing but salt, and the sun is roasting them alive. They wait for a storm to relieve them of their pain but that storm isn’t coming, it came and sunk their ship.

  61. Pamela, I read on another site about an idea I really like. I am expanding a bit but perhaps it is time for the States to take all the property within their borders by Adverse Possession. Then something along the lines of a Homestead Act can be established and each individual property owner can submit to the state an action to quiet title/homestead their property. I think the only way to begin to solve this is at a sate level. The federal government is not equipped to deal with this and doesn’t appear to recognize the severity of all of this. Bringing it down to a State level would at least be a starting point. The last info I had were that the states were sovereign but that may have changed since all of the laws we used to have have been discarded.

  62. Yes, Alice, those “important people”—OUR GOVERNMENT— are a giant SHIP OF FOOLS…and they are ignoring the huge hole in the ship…unaware that they are drowning…

  63. Squashed the MERS bug like a semi tractor doing 55 mph.At least the OCC has finally done something,which is better than nothing after all thats what thier famous for…nothing.Now get a couple of lawsuits going and give the people that were shafted and the counties and states back all the money they stole from all of us.Betcha if Calif. had thier money they would’nt have to write IOU’s so much.In fact I’m gonna guess if everybody had been paid like they were supposed to be that we would all not be so deep into this.We might still have to tighten our belts but we would’nt have so many people living in the streets.Just a guess on my part.

  64. carie, went to your link and I have to laugh at those ‘important’ people really think they are going to fix all of this. Yep, lets do this, lets do that. Sorry, nothing they can think up is going to fix this. All the money in the world will not fix this. The can posture and pretend and threaten and sue and declare and write new rules but none if it will fix this. And all that money…that money that is so important to them, it’s all fake..an entry on someone’s computer and someone else’s too. The U.S. might as well declare bankruptcy because that is what this country is, bankrupt.

  65. Zoe, this meltdown could not have happened without an entity doing what MERS did. MERS is totally responsible for all of this. The people that thought up this scheme didn’t think far enough ahead and really thought they wouldn’t get caught. I spent hours reading their site and watched bulletin after bulletin posted changing the rules as each inconsistanty rose up and bit them. They were in way over their heads and tried to keep one step ahead of national and state laws..it is quite a read.



  67. Scot, I have been researching a friend’s loan and found their Trust mentioned in several lawsuits by Investors against the Servicers. Interesting while the lawsuits state all the gory details about origination to transfer into the Trust, none of them even mention MERS. Why are they protecting MERS, the sole entity responsible for this whole mess.

  68. So does this mean that the notes signed in blank carried no mortgage with it, because no mortgage existed? Courts in some states held that the matter boiled down to MERS simply being of no consequence, but the original lender mortgage traveled with the note with a blank indorsement.

    By the way, I was charged a $3.95 involuntary fee for registering a fraudulent MERS mortgage, MERS collected 60-80 million of those fees. Where did that money go? To all 50 employees?

  69. Well I am glad to see MERS on somebody’s radar even if the new rules apply to loans entering into their system after 90 days. What about the 65 million loans already there. MERS has destroyed this country and this action does not follow the ‘better late than never’ saying. This will not fix anything because it can’t be fixed.

  70. This is great news. But how do we know if the real creditor has file suit against the pretend lender and or trust that is foreclosing against the homeowner. This is the information each individual homeowner will need. Please an educated and informative answer would be greatly appreciated.

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