MERS STEPS CLOSER TO ADMITTING PRIOR FORECLOSURES WERE INVALID

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EDITOR’S COMMENT: I’m not as sure as others that this policy bulletin does much for the borrower. Reading it carefully in the light of existing case law, it does not seem to state anything substantive. Since it is remedial in nature, it is subject to an objection if introduced in evidence under the theory that as a matter of public policy we won’t hold it against a defendant if they take corrective measures. It won’t be considered an admission as to past acts.

BUT the absolute bar to using MERS’ name in foreclosures could conceivably be used to overturn hundreds of thousands of foreclosures. By giving that new instruction as to policy MERS is stating that its action is unilateral. That means that other parties to agreements with MERS did not consent to this new policy and that MERS is simply stating the rules that now apply.

It obviously WAS part of the agreement with the banks that foreclosures could be initiated in the name of MERS. Now MERS is backing out of the deal. While the prohibition against initiating any foreclosure in the name of MERS probably cannot be introduced as evidence as part of a damage claim, it probably can be used as part of a claim in equity where the borrower is seeking injunctive relief — especially if the defendant in the borrower’s claim is not MERS except as a nominal defendant.

The basic argument that comes out of this is that if it is wrong now to do it in the name of MERS because of title problems, then it was wrong before. Tying the policy change to title problems might be harder than most pro se litigants think and perhaps a bit easier than some lawyers might think.

I had the pleasure of listening to a seminar for lawyers who represent banks. The basic thrust of their advice from a tactical point of view is go for the jugular on threshold questions before the Judge gets to hear the egregious facts behind forged and fabricated documents. Attorneys who represent borrowers would do well to heed the same advice. The threshold question in any action for equitable (injunctive) relief is whether there is an existing problem that cannot be solved in any way other than through some judgment issued by the court.

It all comes back down to the issue of title as I wrote about it in late 2007 and early 2008. The ultimate question is whether title is actually and truly clear or if someone is just saying it is clear. THAT is the whole point of recording statutes, county recorder’s offices and public notices (most of which are not posted in foreclosure proceedings, non-judicial and judicial alike). The threshold question of title brings you to the elements of actual title according to the laws of the state in which the property is located. Quote those laws and policies and then show how the current situation does not match up to existing law.

Going after threshold issues makes it easier to get past the motion to dismiss which is a threshold tactic of the other side. THAT gets you closer to discovery and enforcing discovery. Lying on a recorded document is against the law. Any document found to contain materially false and misleading information is going to be struck from the title registry as being an invalid document that was not the proper subject of recording an instrument duly executed and authorized. Once you have successfully attacked the Deed of Trust or mortgage, even before you have actually won the war, you are in the red zone for the banks, where they have no place to hide. They never had title, they never had a perfected lien, the enabling documents used in foreclosure were false, misleading and fraudulent and they knew it.

MERS Policy Bulletin Effective July 2011

http://mattweidnerlaw.com/blog/2011/07/brand-new-hot-off-the-presses-mers-policy-bulletin/
July 24th, 2011 | Author: Matthew D. Weidner, Esq. After years of claiming that assignments don’t matter and the date of assignment certainly doesn’t matter, the MERS Monster has finally changed its tune, effective July 21, 2011:

The Certifying Officer must execute the assignment of the Security Instrument from MERS before initiating foreclosure proceedings or filing Legal Proceedings and promptly send the assignment of the Security Instrument for recording in the applicable public land records

Well, harumph says I…what of all those damn post filing assignments? What about all them specious arguments made in courtrooms all across this country that said the date of assignment didn’t matter? What about the absurd argument that an “equitable assignment” had already occurred? (despite the fact that neither the pooling and servicing a agreement nor law permit such assignments) For foreclosure cases already adjudged this is problematic and for all those hundreds of thousands still pending, this change in policy is exhibit #1 in the argument that a post filing assignment cannot confer standing.

This certainly ain’t “Ding Dong The Witch Is Dead”, it’s just another stanza in “Humpty Dumpty Sat on A Wall”

And all the kings horses and all the kings men couldn’t put Humpty Dumpty back together again.

Humpty Dumpty is our real property recording system that was developed over hundreds of years in this country. A key read is Hernando Desoto’s “The Mystery of Capital” for a long explanation that our country’s success is tied largely to our real property record system that has been completely obliterated in just a few short years by all this mortgage madness. What is most astonishing (and the biggest indictment of the whole MERS madness) is the fact that no law, legislation or court decision was ever rendered to justify the MERS system prior to its widespread implementation. It was merely spread all across this country like a virulent virus that was transmitted and lay dormant in the property records impacting millions of homes all across America.

MERS Policy Bulletin
http://www.scribd.com/doc/60784152/MERS-POLICY-BULLETIN-%E2%80%93-Number-2011-5

68 Responses

  1. CITI WHOLESALE LENDING GUIDE
    FEDERAL HOME AGENT SPONSER ID: 2489309998
    USE BROKER’S # FOR ‘FHA LENDER ID”
     Interest credit avail. upon request

    MORTGAGEE CLAUSE
    Mortgagee Clause

    First Mortgages Hazard/Flood Insurance Policies & Endorsement Letters
    CitiMortgage, Inc. Its Successors and/or Assigns CitiMortgage Loan # _______
    P.O. Box 7706
    Springfield, OH 45501 Combo Second Mortgages Hazard/Flood Insurance Policies & Endorsement Letters
    Citibank, N.A Its Successors and/or Assigns
    P.O. Box 7807
    Springfield, OH 45501 Private Mortgage Insurance Certificates & Endorsement Letters
    CitiMortgage, Inc
    Its Successors and/or Assigns
    CitiMortgage Loan #
    P.O. Box 790057
    St. Louis, MO 63179-0057

    Closing Protection Letter address:
    CitiMortgage, Inc.
    1000 Technology Dr. MS852
    O’Fallon, MO 63368-2240

    Approved Appraiser Process
    The current Approved List as well as forms and documents for an Appraiser to be certified with Citi are available on-line.
    Go to https://broker.citimortgage.com
    • At top of Home Page click “References” > “Approved List” > “Appraiser List”
    • If you do not find your appraiser’s name on the Approved Appraiser List, return to the Broker Web home page.
    • Click “Become a CitiMortgage Partner”
    • Select “Appraiser Certification” to access the following forms:
    ◊ Appraiser Nomination Form: Complete this form to nominate an Appraiser to be certified with CitiMortgage.
    ◊ Appraiser Certification Letter: Appraisers must complete and sign the letter of agreement to apply for certification.
    Note: All forms must be completed in their entirety to begin the certification process.
    • Fax the completed forms, along with a copy of the Appraiser’s license to (866) 535-3419

  2. HELLO IT’S ME, Citi c/o FEDERAL HOME LOAN CORP dba Fannie Mae in all matters related to Assumption of loans and Assignment of Loan – proper address for your Good-Bye Letter

    CitiMortgage, Inc.
    P.O. Box 183040
    Columbus, OH 43218-3040
    18 States: DE, DC, GA, IL, IN, KY, MD, MI, NJ, NY, NC, OH, PA, SC, TN, VA, WV, WI

    CitiMortgage, Inc.
    P.O. Box 689196
    Des Moines, IA
    50368-9196
    33 STATES: AL, AK, AR, AZ, CA, CO, DT, FL, HI, ID, IA, ME, KS, LA, MA, MN, MI, MO, MN, NB, NH, NM, ND, NV, OK, OR, RI, SD, TX, UT, VT, WA, WY

    LOAN PAYMENTS
    CitiMortgage has two payment addresses for First Mortgage payments, depending on in which state the
    property is located. Please refer to the following chart to determine the proper address for your Good-Bye
    Letter.

    When sending loan payments for overnight delivery, use this address:
    CitiMortgage, Inc.
    Attn: Payment Mail Opening
    4740 121st St
    Urbandale, IA 50323-2402

    IMPORTANT TERMS IN AN ASSUMPTION & ASSIGNMENT AGREEMENT>

    ASSIGNEE: ex: DBTCo
    DEPOSITORY TRUST CO as Indenture Trustee Purchaser of Note
    Assigned Loans = Residential Mortgage Loans
    Assignor: (National Banking Assoc as Indenture Trustee Seller Note)
    Depositor:(Wiill be a shelf company c/o REMICs Purchaser & Seller)
    Servicer: (Will be a shelf company Servicer of default)
    USCo as Master Servicer: (Important: Not a Lender)
    e.g. Aurora Loan Service not a lender presented now dba Aurora Bank FSB to get around this truth!
    e.g.,CitiMortgage, Inc Home Mortgage
    Loans Retail Servicer, PO BOX 8855 Springfield OH 45501 also
    dba
    Insurance Center
    CitiMortgage, Inc.
    PO Box 7706
    Springfiled OH

    Assumption of Loans ‘originated by’ Citibank NA
    First Mortgage Loans serviced by CitiMortgage Inc.
    c/o citigroup.com

    Certification of Completion of Repairs
    ©2008 CitiMortgage, Inc. CitiMortgage, Inc. d
    http://www.mylossdraft.com
    citimortgage, lender, housing, mortgage Conditional Waiver of Lien
    CORRESPONDENT MANUAL DEPARTMENT INFORMATION
    102 c v INTRODUCTION CORRESPONDENT MANUAL DEPARTMENT INFORMATION
    102 Rev. September 24, 2011 Page 102 – 1 of 5 O PERATIONS S UPPORT The Fulfillment Service team can …
    http://www.agentsite.com
    operations, support, fulfillment, service, september
    CitiMortgage Orientation Overview Rev 09-26-06
    Special Programs ORIENTATION OVERVIEW CITIMORTGAGE, INC. 4000 Regent Blvd. Mail Code N3B-345 Irving, TX 75063 It is very important that mail code N3B-345 is included …
    http://www.ehousing.cc
    irving, 75063, important, included, regent
    citimortgage inc reo
    citimortgage inc phone number
    citimortgage inc address
    citimortgage inc isaoa
    citimortgage inc ceo
    citibank mortgage customer service number

    CitiMortgage, Inc. Its Successors and/or Assigns CitiMortgage Loan # ______. P.O. Box 7706. Springfield, OH 45501. Combo Second Mortgages Hazard/Flood

    CORRESPONDENT MANUAL 102
    FULFILLMENT SERVICE TEAM
    Assist Correspondents loan information, suspense, purchase, wire, purchase advice, post funding reconcilation, underwriting scenarios. Correspondents should use Fulfillment Service Team to optimize business relationship with Cit.

    National Client Services Team for Correspondents 800-967-2205 program parameters, pricing,.
    Use National Client Services team to expand business relationship.
    pre-purchase pricing
    post-purchase pricing, purchase wire, purchase advise or post purchase reconcilation
    Special Programs including BONDS, CalPERS or Verterans Land Board… 866-517-8329

    Interested in becomming an approved Correspondent with Citi ?
    Central Time

    CITI ADDRESSES
    Please use the following addresses when submitting credit packages, underwriting suspense conditions, closed
    loan files, and audit suspense conditions to Citi:
    Citibank, N. A.
    Attn: Correspondent Operations
    1000 Technology Dr.
    Mail Station 904
    O’Fallon, MO 63368-2240
    Web Address
    The Correspondent web site address is: correspondent.citimortgage.com.
    Correspondent Research Services
    After Citi has purchased your loan, Correspondents may use the New Loan Reconciliation Transmittal in the
    Exhibits Section and submit a written request with backup documentation to corrpurchadj@citi.com by fax to
    866-527-1435. The Correspondent Research Services phone number (800) 967-2205, Option 2
     Borrowers with questions should contact Customer Service directly at (800) 283-7918.
    Re-assignment Requests
    To request a re-assignment back to the correspondent (after an initial assignment to Citi and Citi is NOT going
    to purchase or service the loan), send written or emailed request to:
    CitiMortgage, Inc
    Document Processing – MS 321
    Attention: Assignment Team
    1000 Technology Drive
    O’Fallon, MO 63368-2240
    EMAIL: Assignment.Requests@citi.com
    Please include a fully completed Assignment for Citi to execute and attach supporting back up documentation–
    security instrument and/or recorded assignments. Provide your company name and the name and contact
    numbers in the event there are questions.
    Post-purchase Funds Reconciliation
    Once Citi has purchased the mortgage loan and the Correspondent realizes they are holding excess funds that
    must be applied to the customers account, Correspondents must complete Correspondent Transmittal Form
    (Exhibit 42) detailing the specific fund application instructions. Once complete, the form, including funds, must
    be sent to the following address:
    CitiMortgage, Inc.
    4740 121st Street
    Urbandale, IA 50323
    Attn: Exception Payments, MC 1156-7
    Final Document / Trailing Documents
    After Citi has purchased a loan from the Correspondent, all final recorded or trailing documents and final title
    policies must be sent, as they are received but no later than 120 days after purchase to:
    CitiMortgage, Inc
    Attn: Document Processing, MS 321
    1000 Technology Drive
    O’Fallon, MO 63368-2240
    An Outstanding Document Report is generated on a monthly basis and posted to the website at
    correspondent.citimortgage.com. This report will keep you updated on final documents still outstanding.
    Requests for return of recorded documents may be directed to the Document Processing address noted
    above. Be sure to provide the Citi Loan Number and Property Address in your request.
    Tax Bills/Tax Payments
    After Citi has purchased a loan from the Correspondent, any tax billings or tax payments received on behalf of
    borrower accounts should be sent to:
    CitiMortgage, Inc.
    Tax Department
    P.O. Box 23689
    Rochester, NY 14692Hazard Insurance Policies and Endorsement Letters
    First Mortgage Transactions Second Mortgage Transactions
    CitiMortgage, Inc., Its Successors and/or Assigns Citibank F.S.B., Its Successors and/or Assigns
    Citi Loan # xxxxxxxx Citi Loan # xxxxxxx
    P.O. Box 7706 P.O. Box 7807
    Springfield, OH 45501 Springfield, Ohio 45501
    Flood Insurance Policies and Endorsement Letters
    CitiMortgage, Inc.
    Its Successors and/or Assigns
    Citi Loan # xxxxxxxx
    P.O. Box 7706
    Springfield, OH 45501
    Private Mortgage Insurance Certificates and Endorsement Letters
    CitiMortgage, Inc.
    Its Successors and/or Assigns
    Citi Loan # xxxxxxxx
    P.O. Box 790057
    St. Louis, MO 63179-0057
    Client Administration
    Any fees billed from the Client Administration Department, such as Early Payoffs, Early Payment Defaults, Pair
    Offs, DU, etc. are posted on the web on the “Billing Fee” report page the first business day of each month. An
    email is sent out advising fees have been updated to the web. Email questions regarding fees to:
    cmiclientadmin@citi.com.
    Mailing Address to submit billing payments: Wire Instructions for billing payments:
    Citi Correspondent Lending Bank Name: Citibank, NA
    ATTN: Client Administration Dept Bank Address: 99 Garnsey Rd
    1000 Technology Drive, MS 800 Pittsford, NY 14534
    OFallon, MO 63368-2240 ABA#: 021000089
    Account Name: Citibank, NA – Correspondent
    Lending
    Account #: 30792918
    ATTN: Client Administration
    CitiMortgage Customer Service
    After Citi has purchased the loan, borrowers with questions should contact Customer Service directly. These
    customer service phone number(s) may be provided to your borrower:
     First Mortgage and Fixed Rate Second Mortgages – (800) 283-7918
     Home Equity Lines of Credit (HELOC) – (800) 685-0935

  3. AS I HAVE SAID OVER AND OVER ‘SUB-PRIME’ AFFIXED TO ‘LENDER’.

    ALT-A – ALTERNATIVE INVESTMENTS – ALTERNATIVE UCC FINANCIING…. ALT-A ‘ALTA LAND TITLE … NORWEST ASSET SECURITIES CORP – SHOULD THE 25,876 TRANSACTIONS NAME ACTUALLY SHOULD IT BE ‘FREDDIE MAC’ DBA ‘WFHM INSTITUTIONAL’?

    While Fannie and Freddie do not offer home loans, they buy thousands of mortgages from lenders and resell them in packages to investors. The S.E.C.’s case hinges on whether the companies misled the public and regulators by lowballing the number of high-risk mortgages on their books.

    Definition of subprime, which the government itself has struggled to nail down.

    The term often references loans to borrowers with low credit scores and spotty payment records.

    But Fannie and Freddie categorized loans as prime or subprime based on the lender rather than on the loan itself.

    ——————————————————————————–

    FEDERAL HOME LOAN MORTGAGE CORP, 3476 STATEVIEW BLVD start.cortera.com › … › Nondepository Credit Institutions
    Location Type: Branch

    Industry: Miscellaneous Business Credit Institutions

    Ownership: Public

    Year Founded: 1970

    Sales Range: Over $1,000,000,000

    Employees: 5,000 to 10,000

    FEDERAL HOME LOAN MORTGAGE CORP
    3476 STATEVIEW BLVD
    FORT MILL, SC 29715-7203 | view map
    Buy Detailed Profile $5.00 | view a sample http://www.freddiemac.com

    Treasury Department to begin selling off mortgage-backed securities it bought during the financial crisis
    Ex-Freddie Mac chief faces SEC civil suit – Former Freddie C.F.O. May Face Civil Charges

    Anthony Piszel, known as Buddy, who was Freddie Mac’s chief financial officer from 2006 to 2008, received a so-called Wells notice from the Securities and Exchange Commission, an indication that the agency was considering an enforcement action against him.

    The S.E.C. has been investigating Freddie Mac and its sister company, Fannie Mae. Both companies acknowledged receiving subpoenas in 2008 from the S.E.C. and a federal grand jury. The government has been examining Freddie Mac’s accounting and disclosure practices.

    Fannie Mae and Freddie Mac were public companies that operated with a Congressional mandate to foster homeownership. The companies purchase home loans from lenders, which can then use the money to offer new loans to consumers. When the two agencies were drowning in hundreds of millions of dollars in risky mortgages acquired at the height of the real estate bubble, the government rescued them from the brink of collapse.

    Mr. Piszel left Freddie Mac when the federal government placed the two agencies in conservatorship in September 2008. He later became chief financial officer at CoreLogic, a financial data firm.

    Mr. Piszel resigned from CoreLogic last week after receiving the Wells notice, the company said in a regulatory filing. The notice is “in connection with certain disclosure matters during” his time at Freddie Mac.

    Mr. Piszel could not be immediately reached for comment on Wednesday evening.

    The Financial Times reported Mr. Piszel’s Wells notice on its Web site on Wednesday.

    “While we appreciate Buddy’s contributions during his tenure at CoreLogic, after careful consideration of these developments, our board of directors, Buddy and I decided it would be in the best interest of the company for Buddy to leave CoreLogic to focus on his response to these issues,” Anand Nallathambi, president and chief executive, said in a statement.

    Mr. Piszel was succeeded at Freddie Mac by David Kellermann. Mr. Kellermann died in April 2009, apparently in a suicide.

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    AMY inside CTSLink sees and wonders how could a CUSIP have only declared sale of $100 CUISP a SHERIFF SALE ?
    A CUSIP represents a collection of ‘Purchase Agreement Notes’ for one ‘servicer’.
    SIGNIFICANT: BH&L WAS A FREDDIE/FANNIE CONTRACTOR
    BH&L REPRESENTS ‘FREDDIE/FANNIE’ IN DEFAULT.
    DEED ‘RELS TITLE’

    ——————————————————————————–

    FREDDIE MAC dba Fannie Mae ‘Retained Attorneys’
    FEIN, SUCH, KAHN & SHEPPARD PC, 7 CENTURY DR, SUITE 201 PARSIPPANY (SEE KINGS PRODUCTION)

    ——————————————————————————–

    FREDDIE MAC & FANNIE MAE (ASSUMPTION & ASSIGNMENT) OF LOANS. WHEN CONSUMER TAKES LOAN THE EXISTING LOAN ON PROPERTY OF UNRELATED THIRD PARTY WILL BE ‘SATISFIED’ AND FOLLOW THE PROPERTY ….. IS THAT WHY ‘OLD REPUBLIC TITLE’ RESPONSIBLE FOR DEFAULT? RELATES BACK TO WHEN AN ACTUAL ‘LENDER’ INVOLVED/NEEDED BACK IN 2003?

    INSURANCE FRAUDS
    PLAINTIFF US BANK C/O FIRST AMERICAN FOR TRUST FUND “SASCO 2006-WF3” & DEFENDANT ‘SERVICER’ WFHM INSTITUTIONAL C/O OLD REPUBLIC

    I HAVE DOCUMENTS THAT PROVE:

    1. TITLE COMMITMENT ISSUED WHEN CONSUMER JUST CALLS ‘RELS TITLE’ ‘ATI TITLE’ AGENCY THEN REQUEST FOR APPRISAL WITH FIXED AMOUNT SUBMITTTED TO UNDERWRITERS. SO GOOD TITLE COMMITMENT ISSUED FIRST 4/26/2006.
    2. 5/4/2006 CONSUMER SIGNS RELUCTANT OK TO PERFORM CREDIT INQUIRY (ATTACHES ME TO ‘RELS’ DBA ATI).
    3. PURCHASE AGREEMENT CLOSING TAKES PLACE 2 DAYS BEFORE ‘CONSUMER CLOSING’
    -WELLS FARGO BANK NA LENDER DBA PREMIER ASSET SERVICES C/O DLJ MORTGAGE CAPITAL DBA GMAC MORTGAGE CORP WHAT A TANGLED WEB TO BE UNWOVEN!
    WFHM INSTITUTIONAL ‘SERVICER’
    ASSUMPTION OF EXISTING LOAN AND SERVICER OF NEW LOAN (A MODIFICATION) SOLD TO CONSUMER AS A NEW MORTGAGE…..
    4.PROMISSORY NOTE – NEW ONE ATTACHED TO EXISTING RIDERS FUTURES CONTRACT AND LOOKBACK CONTRACTS INCORPORATE INTO 4 CORNERS OF CONTRACT ‘LANGUAGE BOTH EXPRESS AND IMPLIED’ NEW RIDERS ‘NEW FUTURES CONTRACT’ AND NEW LOOKBACK CONTRACT AND NEW ‘MORTGAGE INTERESTS’
    INSURANCE FOR NEW LOANS ENVELOPED AROUND EXISTING LOAN.
    5. SECRET CLOSING 6/5/2006 CONSIDERATION EVIDENCE 6/8/2006 CASHIER CHECK FOR PURCHASE AGREEMENT
    6. LENDERS POLICY ISSUED 9/7/2006 AND MORTGAGES RECORDED 9/7/2006 FOR ‘NEW LOAN’ WHY? THE SPECIAL ‘REAL ESTATE LAWYERS’ STEPHEN SCIPIONE ESQ. AN ATTORNEY/BROKER ‘DID NOT WANT TO GET SCREWED OUT OF HIS MONEY.
    7. LENDERS POLICY ISSUED AS AMENDED 5/31/2006 AS REQUESTED BY GREG WAREHAM, AMENDED BY ATLANTIC TITLE & SETTLEMENT LLC WHO WAS ISSUED THE OLD REPUBLIC TITLE LENDERS POLICY ISSUED 9/7/2006. HOW DOES THIS WORK THEN? THE ‘DEFAULT’ INSURANCE PROTECTS WHO? THE BENEFICARY/HOMEWONER? OR JUST ATLANTIC TITLE & SETTLEMENT LLC AS ‘ESCROW AGENT’ DO THEY GET FOR LIFE OF NOTE ‘STIPENDS’? WHAT IS ROLE OF ‘REAL ESTATE LAWYERS’ SERVICE MARK – AS DESCRIBED BY ‘RELS’ WHO GET PAID SPECAIL AND ARE REWARDED AS EVIDENCED BY PUBLIC STATEMENTS AS THE BEST PAYER TO BPO’S.

    SERVICER COLLECTS ESCROW PAYMENTS. ESCROW PAYMENTS SUBMITTED TO THIRD PARTY (P-390 I BELIVE IS THE TERM FOR MONTHLY DISTRIBUTION OF STIPENDS TO BENEFICIARIES’ WHO ‘WITHHOLD FROM CONSUMER AS HOMEOWNER ‘BENEFITS’ OF INVESTMENT.

    8. DEFAULT OCCURS EITHER A MODIFICATION TO EXISTING LOAN FROM 2003 OR LATE PAYMENT BOTH EQUAL.

    9. DEFAULT TURNED OVER TO ‘NEW’ (REAL ESTATE LAWYERS) SERVICE MARK ‘ROBO-FIRM’ CONTRACTED BY FANNIE/FREDDIE.
    US BANK NA – LOAN TRUST (SASCO 2006-WF3) (FIRST AMERICAN TITLE) IN STRATEGIC PARTNERSHIP WITH RELS DBA ATI – SIGNFIICATN.
    REPRESENTING FREDDIE AT THIS POINT AS PLAINTIFF.

    10. WFHM INSTITITIONAL SERVICER ‘LENDERS POLICY’ PROTECTS THEM.
    INVOICE 5/28/2009 PROTECTS SERVICER BILLED BY ‘FREDDIE MAC dba Fannie Mae’ c/o US Bank NA ‘SASCO 2006-WF3’ Assignment 4/16/2009 notice of lawsuit by FreddieMac!

    The First American Title bill sent to ‘WFHM 670-Property Report’ 5/28/2009 for Loss Mitigation services rendered by WFHM Institutional regarding DEED-In-LIEU mitigation.

    WFHM lies and says consumer has $20K lien against property c/o Zucker Goldberg Ackerman LLC 1/7/2009 identified on Yankee TItle Report ‘Monmouth County Welfare’ lines and did submit claims July 2009 to collect $20K. Poor Zucker – or should I say ‘LBZ LLC’ for claims filed by Leonard Zucker Esq. the Lis Pendens that William and Mary demanded Atlantic Title & Settlement LLC send copy of Lenders Policy to Wells Fargo Home MOrtgage c/o Michael Carter Wells Fargo Bank NA dba Wells Fargo & Co/MN dba WFC HOLDINGS CORP who are responsbile for nationwide network of Fidelity National – RELS dba ATI agents, brokers, dealers, distributors affilaites of ‘WFHM institutional’ assumtpion of loans for Freddie Mac dba Fannie Mae.

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    THEREAFTER, EACH ASSUMPTION (MODIFICATION) CONSIDERED A DEFAULT….. A MODIFICATION (NOT A NEW MORTGAGE) THE OWNERS POLICY SHOULD REMAIN IN EFFECT! THEY LIE AND SAY THE OWNERS POLICY DOES NOT APPLY BECAUSE YOU GOT A NEW MORTGAGE. NO WE DID NOT. THE LOANS AS IS WERE ASSUMED! THE DEFAULT INSURANCE ….PROTECTS SERVICER AND NEW LENDER NOT NEEDED UNTIL DEFAULT.

    INSURANCE COMPANY
    LENDERS POLICY FOR NEW LOAN PROTECTS SERVICER.
    ‘SERVICER’ GRANTEE NOMINEE MERS FOR LIFE OF LOAN BENEFICIARY/HOMEOWNER C/O LAND TRUST – LAND TRUSTEE.

    OLD REPUBLIC TITLE HOLDINGS
    RESPONSIBLE FOR THE LENDERS POLICY ISSUED FOR LOAN0152740569 REMAIN RESPONSIBLE FOR ALL SERVICER EXPENSES RELATED TO ‘DEFAULT’
    WFHM BILLED C/O OLD REPUBLIC TITLE INSURANCE 5/28/2009 BY FIRST AMERICAN TITLE C/O US BANK NA FOR SASCO 2006-WF3 (PLAINTIFF).

    NOTE: FIRST AMERICAN IN STRATEGIC PARTNERSHIP WITH ‘RELS TITLE’ DBA ATI
    WHY IS US BANK NA ‘TRSUTEE’ FOR FIRST AMERICAN (COUNSEL REED SMITH) IN FRONT OF COURT
    US BANK NA FOR SASCO 2006-WF3 – THEY ARE THE PLAINTIFF
    SUITING DEFEADANT SERVICER ‘WFHM INSTITUTIONAL’ C/O ‘OLD REBULIC TITLE HOLDINGS’ .

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    DOES BPO PROVIDE COPIES ATTACHED TO ‘AUDITOR’S’ REPORT’? CAN YOU REQUEST AS PART OF DISCOVERY?

    THESE NOTICES RELATE TO ‘SASCO 2006-WF3’ – FIRST ‘GENERAL INQUIRY’ BPO SCREEN REVEALS TYPES OF INFO PROVIDED TO BH&L BY BPO. WHO IS YOUR ‘BPO’?

    SHERIFF SALES COSTS:
    PART OF ‘PRE-FORECLOSURE COSTS’

    (WHAT CONTRACT EXISTS WITH COUNTY? STATE? AND HOW ARE ‘FEES’ PAID C/O RELS).

    SURELY SIGNIFICANCE OF ‘ROBO-FIRM’ REAL ESTATE LAWYERS/BROKER ACTIVITIES IN TAKING /ASSUMPTION/OF LOANS IS ‘INSURANCE’

    FOR EXAMPLE: US BANK NA ‘STRATEGIC RELATIONSHIP’ WITH FIRST AMERICAN FINANCIAL & RELS! (FIDELITY NATIONAL).

    SEE NOTICE BELOW OF SHERIFF SALE (NATIONWIDE) SIGNIFICANT LANGUAGE RELATED TO ‘2’ DAY POSTPONEMENT.
    9/9/11 (2 DAYS) UNTIL 11/11/2011. I DO BELIEVE THE PURCHASE AGREEMENT IS EXECUTED 2 DAYS PRIOR TO SHERIFF SALE — SAME AS ‘CASHIER CHECK’ EVIDENCE OF CLOSING 2 DAYS PRIOR. WHEN DOES LENDERS POLICY ISSUED FOR LOAN TO BE PLACED INTO TRUST NO LONGER PAY FOR BOP COSTS BILLED TO IT BY NEW TITLE COMPANY TAKING POSSESSION (ASSUMPTION OF LOAN) DURING PRE-FORECLOSURE AND POINT OF ‘SUBSTITUTE TRUSTEE’

    I HAVE THE EVIDENCE FOR ‘FIRST AMERICAN TITLE’ BILLING DURING PRE-FORECLOSURE ‘670-PROPERTY REPORT’ 5/28/2009 ‘LOSS MITIGATION’ $125 – BILL SENT TO ‘WFHM’ WHO WILL SUBMIT BILL TO OLD REPUBLIC TITLE INSURANCE POLICY – WHO PAYS FOR THE CLAIMS!

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    General Inquiry

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    Select Parish and Enter a Case Number
    01 Acadia02 Allen03 Ascension04 Assumption05 Avoyelles06 Beauregard07 Bienville08 Bossier09 Caddo10 Calcasieu11 Caldwell12 Cameron13 Catahoula14 Claiborne15 Concordia16 DeSoto17 East Baton Rouge17A Baton Rouge City Court17B Zachary City Court17C Baker City Court18 East Carroll19 East Feliciana20 Evangeline21 Franklin22 Grant23 Iberia24 Iberville25 Jackson26 Jefferson27 Jefferson Davis28 Lafayette29 Lafourche30 LaSalle31 Lincoln32 Livingston33 Madison34 Morehouse35 Natchitoches36 Orleans37 Ouachita38 Plaquemines39 Pointe Coupee40 Rapides41 Red River42 Richland43 Sabine44 St. Bernard45 St. Charles46 St. Helena47 St. James48 St. John the Baptist49 St. Landry50 St. Martin51 St. Mary52 St. Tammany53 Tangipahoa54 Tensas55 Terrebonne56 Union57 Vermilion58 Vernon59 Washington60 Webster61 West Baton Rouge62 West Carroll63 West Feliciana64 WinnOS Out of StateSL State of Louisiana
    General Inquiry Real Estate Inquiry Movable Inquiry
    Service: Real Estate Commission
    Assigned Date: 11/16/2011
    Serial #: 24
    Service: Clerk Sheriff Sale Fees
    Assigned Date: 11/14/2011
    Serial #: 23
    Service: Appraiser Fee Real Estate
    Assigned Date: 11/14/2011
    Serial #: 22
    Service: Appraiser Fee Real Estate
    Assigned Date: 11/14/2011
    Serial #: 21
    Service: BOSSIER TRIBUNE
    Assigned Date: 11/14/2011
    Serial #: 20
    Service: BOSSIER TRIBUNE
    Assigned Date: 10/5/2011
    Serial #: 19
    Service: Advertisement Immovable Sale & Seizure
    Assigned Date: 9/15/2011
    Serial #: 18
    Service: Notary
    Assigned Date: 9/1/2011
    Serial #: 17
    Service: Miscellaneous
    Assigned Date: 9/1/2011
    Serial #: 16
    Service: Deed & Proces Verbal
    Assigned Date: 9/1/2011
    Serial #: 15
    Service: Order to Cancel
    Assigned Date: 9/1/2011
    Serial #: 14
    Service: Out of Parish Charges on Real Estate
    Assigned Date: 9/1/2011
    Serial #: 13
    Service: Notice to Appoint an Appraiser
    Returned: Yes
    Service Status: PERS
    Deputy: Out of Parish, Name: DEAN, BENJAMIN B., ATTY. FOR US BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR SASCO MORTGAGE LOAN TRUST 2006-WF3
    Assigned Date: 7/6/2011
    Serial #: 12 Address:
    1505 NORTH 19TH STREET
    MONROE
    71207
    Service: Notice of Seizure in a Immovable
    Returned: Yes
    Service Status: PERS
    Deputy: Out of Parish, Name: DEAN, BENJAMIN B., ATTY. FOR US BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR SASCO MORTGAGE LOAN TRUST 2006-WF3
    Assigned Date: 7/6/2011
    Serial #: 11 Address:
    1505 NORTH 19TH STREET
    MONROE
    71207
    Service: Notice of Seizure in a Immovable
    Returned: Yes
    Service Status: SEIZED
    Deputy: Taylor, Pat Name: BOSSIER PARISH CLERK OF COURT
    Assigned Date: 6/30/2011
    Serial #: 10 Address:
    204 BURT BLVD
    BENTON
    71006
    Service: Notice of Third Party Seizure
    Returned: Yes
    Service Status: UNSERVED
    Deputy: Rhodes, Sarah Name: OCCUPANT, ANY AND ALL TENANTS
    Assigned Date: 6/30/2011
    Serial #: 9 Address:
    2603 DOUGLAS DRIVE
    BOSSIER CITY
    71112
    Service: Notice to Appoint an Appraiser
    Returned: Yes
    Service Status: DOM
    Deputy: Rhodes, Sarah Name: BROWDER, EARL LEE A/K/A EARL LEE WALTER
    Assigned Date: 6/30/2011
    Serial #: 8 Address:
    2603 DOUGLAS DRIVE
    BOSSIER CITY
    71111
    Service: Notice of Seizure in a Immovable
    Returned: Yes
    Service Status: DOM
    Deputy: Rhodes, Sarah Name: BROWDER, EARL LEE A/K/A EARL LEE WALTER
    Assigned Date: 6/30/2011
    Serial #: 7 Address:
    2603 DOUGLAS DRIVE
    BOSSIER CITY
    71111
    Service: Notice to Appoint an Appraiser
    Returned: Yes
    Service Status: PERS
    Deputy: Rhodes, Sarah Name: BROWDER, BELITHA ANN FOITEK
    Assigned Date: 6/30/2011
    Serial #: 6 Address:
    2603 DOUGLAS DRIVE
    BOSSIER CITY
    71111
    Service: Notice of Seizure in a Immovable
    Returned: Yes
    Service Status: PERS
    Deputy: Rhodes, Sarah Name: BROWDER, BELITHA ANN FOITEK
    Assigned Date: 6/30/2011
    Serial #: 5 Address:
    2603 DOUGLAS DRIVE
    BOSSIER CITY
    71111
    Service: Foreclosure Mileage Charge
    Assigned Date: 6/30/2011
    Serial #: 5
    Service: Mortgage Certificate
    Assigned Date: 6/30/2011
    Serial #: 4
    Service: Tax Certificate
    Assigned Date: 6/30/2011
    Serial #: 3
    Service: Writ Return
    Assigned Date: 6/30/2011
    Serial #: 2
    Service: Writ
    Assigned Date: 6/30/2011
    Serial #: 1

    ——————————————————————————–

    General Inquiry – Bossier Parish Sheriff’s Office – Case Inquiry
    http://www.bossiersheriff.com/customcode/…/general.asp?intCaseID…10Cached
    You +1’d this publicly. Undo
    FOR US BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR SASCO MORTGAGE LOAN TRUST 2006-WF3 Assigned Date: 7/6/2011. Serial #: 12, Address: 1505 NORTH 19TH STREET …

    ——————————————————————————–

    MORTGAGE FORECLOSURE SALE Default having been made in the payment of the indebtedness secured by that certain mortgage executed by Tometra Gullett, a single person, to Wells Fargo Bank, N.A., on the 23rd day of June, 2006, said mortgage recorded in the Office of the Judge of Probate of Mobile County, Alabama, in Book 6001, Page 131; said mortgage having subsequently been transferred and assigned to US Bank National Association, as Trustee for SASCO Mortgage Loan Trust 2006-WF3; the undersigned US Bank National Association, as Trustee for SASCO Mortgage Loan Trust 2006-WF3, as Mortgagee/Transferee, under and by virtue of the power of sale contained in said mortgage, will sell at public outcry to the highest bidder for cash, in front of the main entrance of the Courthouse at Mobile, Mobile County, Alabama, on September 9, 2011, during the legal hours of sale, all of its right, title, and interest in and to the following described real estate, situated in Mobile County, Alabama, to-wit: Lot 6, Princeton Woods, Unit Five, according to Plat thereof recorded in Map Book 40, Page 21, of the records in the Office of the Judge of Probate of Mobile County, Alabama. THIS PROPERTY WILL BE SOLD ON AN "AS IS, WHERE IS" BASIS, SUBJECT TO ANY EASEMENTS, ENCUMBRANCES, AND EXCEPTIONS REFLECTED IN THE MORTGAGE AND THOSE CONTAINED IN THE RECORDS OF THE OFFICE OF THE JUDGE OF PROBATE OF THE COUNTY WHERE THE ABOVE-DESCRIBED PROPERTY IS SITUATED. THIS PROPERTY WILL BE SOLD WITHOUT WARRANTY OR RECOURSE, EXPRESSED OR IMPLIED AS TO TITLE, USE AND/OR ENJOYMENT AND WILL BE SOLD SUBJECT TO THE RIGHT OF REDEMPTION OF ALL PARTIES ENTITLED THERETO.

    This sale is made for the purpose of paying the indebtedness secured by said mortgage, as well as the expenses of foreclosure.

    The Mortgagee/Transferee reserves the right to bid for and purchase the real estate and to credit its purchase price against the expenses of sale and the indebtedness secured by the real estate.

    This sale is subject to postponement or cancellation. US Bank National Association, as Trustee for SASCO Mortgage Loan Trust 2006-WF3, Mortgagee/Transferee Ginny Rutledge SIROTE & PERMUTT, P.C. P. O. Box 55727 Birmingham, AL 35255-5727 Attorney for Mortgagee/Transferee http://www.sirote.com/foreclosures 114291 PRESS REGISTER AUG. 16, 23, 30, 2011 The above mortgage foreclosure sale has been postponed until 11/11/2011 during the legal hours of sale in front of the main entrance of the courthouse in the City of Mobile, Mobile County, Alabama. PRESS REGISTER SEPT. 17, 2011
    Related Categories: Notices and Announcements – Legal Notice

    ——————————————————————————–

    DIFFERENT STATE:
    ——————————————————————————–

    Notice of Sale Under Power. State of Georgia, County of DECATUR. Under and by virtue of the Power of Sale contained in a Deed to Secure Debt given by JOHN B HENRY JR to PARAMOUNT MORTGAGE , dated 01/11/2006, and Recorded on 03/03/2006 as Book No. 212 and Page No. 839-849, DECATUR County, Georgia records, as last assigned to US BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR SASCO MORTGAGE LOAN TRUST 2006-WF3, by assignment, conveying the after-described property to secure a Note of even date in the original principal amount of $84,150.00, with interest at the rate specified therein, there will be sold by the undersigned at public outcry to the highest bidder for cash at the DECATUR County Courthouse within the legal hours of sale on the first Tuesday in December, 2011, the following described property: BEING THE SAME LANDS AND PREMISES CONVEYED TO JOHN B. HENRY JR., A MARRIED MAN, BY DEED DATED 12/03/98 FROM HAZEL W. BATTLES, AND RECORDED ON

    BEING KNOWN AND DESIGNATED AS LOT NUMBER 7 OF A PLAT OF SURVEY RECORDED 09/17/84 IN PLAT BOOK D, PAGE 46, IN THE OFFICE OF THE CLERK OF THE SUPERIOR COURT OF DECATUR COUNTY, GEORIGA; SAID LOT IDENTIFIED ON DECATUR COUNTY TAX MAP B-10-73B.

    THE IMPROVEMENTS THEREON BEING KNOWN AS 1305 FIFTH STREET, BAINBRIDGE, GA 39817

    BEING ONLY ON OF THE LOTS DESCRIBED IN A DEED DATED 12/3/98 AND RECORDED IN BOOK Z20 PAGE 131.

    The debt secured by said Deed to Secure Debt has been and is hereby declared due because of, among other possible events of default, failure to pay the indebtedness as and when due and in the manner provided in the Note and Deed to Secure Debt. Because the debt remains in default, this sale will be made for the purpose of paying the same and all expenses of this sale, as provided in the Deed to Secure Debt and by law, including attorney’s fees (notice of intent to collect attorney’s fees having been given). The entity that has full authority to negotiate, amend, and modify all terms of the mortgage with the debtor is: WELLS FARGO BANK, N.A., 3476 STATEVIEW BLVD., Foreclosure MAC# X7801-014, FT. MILL, SC 29715, 803-396-6000. (WE KNOW THAT THIS ADDRESS COMES UP ON GOOGLE AS ‘FEDERAL HOME LOAN’…

    Please understand that the secured creditor is not required to negotiate, amend, or modify the terms of the mortgage instrument. To the best knowledge and belief of the undersigned, the party/parties in possession of the subject property known as 1305 FIFTH STREET, BAINBRIDGE, GEORGIA 39817 is/are: JOHN B HENRY JR or tenant/tenants.

    Said property will be sold subject to (a) any outstanding ad valorem taxes (including taxes which are a lien, but not yet due and payable), (b) any matters which might be disclosed by an accurate survey and inspection of the property, and (c) all matters of record superior to the Deed to Secure Debt first set out above, including, but not limited to, assessments, liens, encumbrances, zoning ordinances, easements, restrictions, covenants, etc. The sale will be conducted subject to (1) confirmation that the sale is not prohibited under the U.S. Bankruptcy Code; and (2) final confirmation and audit of the status of the loan with the holder of the security deed. Pursuant to O.C.G.A. Section 9-13-172.1, which allows for certain procedures regarding the rescission of judicial and nonjudicial sales in the State of Georgia, the Deed Under Power and other foreclosure documents may not be provided until final confirmation and audit of the status of the loan as provided in the preceding paragraph. US BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR SASCO MORTGAGE LOAN TRUST 2006-WF3 as Attorney in Fact for JOHN B HENRY JR.

    THIS LAW FIRM IS ACTING AS

    A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT.

    ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.

    20110169800525 BARRETT DAFFIN FRAPPIER LEVINE & BLOCK, LLP 15000 Surveyor Boulevard Addison, Texas 75001 Telephone: (972) 341-5398.

    WJBH1109
    NOVEMBER
    9,16,23,30
    Fannie Mae Retained Attorney List

    ——————————————————————————–

    :

    4.1 Trust Agreement dated as of September 1, 2006, among Structured Asset Securities Corporation, as Depositor, Aurora Loan Services LLC, as Master Servicer, Risk Management Group LLC, as Credit Risk Manager, Wells Fargo Bank, N.A., as Securities Administrator and U.S. Bank National Association, as Trustee.

    99.1 Mortgage Loan Sale and Assignment Agreement dated as of September 1, 2006 , between Lehman Brothers Holdings Inc., as Seller, and Structured Asset Securities Corporation, as Purchaser .

    99.2 Reconstituted Servicing Agreement dated as of September 1, 2006 , between Lehman Brothers Holdings Inc., as Seller, and Wells Fargo Bank, N.A., as Servicer, and acknowledged by Aurora Loan Services LLC, as Master Servicer, and U.S. Bank National Association, as Trustee.

    99.3 Interest Rate Swap Agreement, dated as of September 29, 2006 (including the ISDA Master Agreement, the Schedule to the ISDA Master Agreement and the Confirmation), between IXIS Financial Products Inc. and Supplemental Interest Trust, Structured Asset Securities Corporation Mortgage Pass-Through Certificates, Series 2006-WF3.

    99.4 Interest Rate Cap Agreement, dated as of September 29, 2006 (including the ISDA Master Agreement, the Schedule to the ISDA Master Agreement and the Confirmation), between IXIS Financial Products Inc. and Supplemental Interest Trust, Structured Asset Securities Corporation Mortgage Pass-Through Certificates, Series 2006-WF3.

    ——————————————————————————–

    FEDERAL HOME LOAN MORTGAGE CORP, 3476 STATEVIEW BLVD
    REALTOR.COM
    This is Google’s cache of http://www.realtor.com/property-detail/3476-Stateview-Blvd_Fort-Mill_SC_29715_acab1a01. It is a snapshot of the page as it appeared on Nov 21, 2011 20:03:59 GMT. The current page could have changed in the meantime. Learn more

    Text-only versionThese search terms are highlighted: 3476 stateview blvd
    3476 Stateview Blvd, Ft Mill, SC on Zillow
    Recent Sales near 3476 Stateview Blvd, Ft Mill, SC on Realtor.com
    3476 Stateview Blvd, Ft Mill, SC on Google Maps
    Ft Mill, SC Property Values on Trulia
    Ft Mill, SC Income Statistics from IncomeTaxList
    Ft Mill, SC Tax Statistics from IncomeTaxList

  4. US BANK NA ‘TRUSTEE’ by assignment, conveying the after-described property to secure a Note IN ORIGINATAL PRINCIPAL AMOUNT…

    FREDDIE MAC dba Fannie Mae ‘Retained Attorneys’
    FEIN, SUCH, KAHN & SHEPPARD PC, 7 CENTURY DR, SUITE 201 PARSIPPANY (SEE KINGS PRODUCTION)

    I REPEAT: ‘SUB-PRIME’ AFFIXED TO ‘LENDER’.

    CONSUMERS FORCED INTO ALT-A LOANS ARE ‘ASSUMPTIONS’
    NATIONWIDE NETWORK OF AGENTS, DEALERS, BROKER, DISTRIBUTORS OF ‘FEDERAL HOME LOAN CORPORATION DBA WFHM INSTITUTIONAL C/O ATI (AMERICAN TITLE) ‘SEC’ FOR OVER 25,837 TRANSACTIONS DOES BUSIENSS ‘NORWEST ASSET SECURITIES CORP …TRUST 1998-1.

    ALT-A LOANS & ALTERNATIVE INVESTMENTS INCLUDE ‘SPECIAL FINANCING’ C/O UCC PLUS

    WE CAN THANK BILL DALLAS ‘LITTON’ OWNER OWNIT! FAT AND HAPPY IN NEW VENTURE WHO MADE ARRANGEMENTS WITH ‘FREDDIE’ FEDERAL HOME LOANS CORPORATION TO PASS ALL NON-CONFORMING LENDER LOAN APPLICATIONS INTO LITTON PIPELINE!

    FIDELITY NATIONAL C/O ‘ALTA LAND … NORWEST ASSET SECURITIES CORP C/O FEDERAL HOME LOANS CORPORATION.
    QUESTION: – SHOULD THE 25,876 TRANSACTIONS NAME ACTUALLY SHOULD IT BE ‘FREDDIE MAC’ DBA FANNIE MAE aka ‘WFHM INSTITUTIONAL’?

    While Fannie and Freddie do not offer home loans, they buy thousands of mortgages from lenders and resell them in packages to investors. ‘ASSUMPTION OF LOANS’ FROM CONSUMERS.

    WHO misled the public and regulators by lowballing the number of high-risk mortgages on their books? THE INSURANCE COMPANIES.

    Definition of subprime the government (LOBBY GROUPS) SPERIOUS DEFINITION PART OF MISREPRESENTATIONS:
    references loans by tempoary lenders who transport loans to Fannie and Freddie who categorized loans as prime or subprime based on the lender rather than on the loan itself.

    FEDERAL HOME LOAN MORTGAGE CORP
    3476 STATEVIEW BLVD
    start.cortera.com › … › Nondepository Credit Institutions
    Location Type: Branch
    Industry: Miscellaneous Business Credit Institutions
    Ownership: Public
    Year Founded: 1970
    Sales Range: Over $1,000,000,000
    Employees: 5,000 to 10,000
    FEDERAL HOME LOAN MORTGAGE CORP
    3476 STATEVIEW BLVD
    FORT MILL, SC 29715-7203 | view map
    view a sample http://www.freddiemac.com

    Treasury Department to begin selling off mortgage-backed securities it bought during the financial crisis

    Ex-Freddie Mac chief faces SEC civil suit – Former Freddie C.F.O. May Face Civil Charges: Anthony Piszel, known as Buddy, who was Freddie Mac’s chief financial officer from 2006 to 2008, received a so-called Wells notice from the Securities and Exchange Commission, an indication that the agency was considering an enforcement action against him.

    The S.E.C. has been investigating Freddie Mac and its sister company, Fannie Mae. Both companies acknowledged receiving subpoenas in 2008 from the S.E.C. and a federal grand jury. The government has been examining Freddie Mac’s accounting and disclosure practices.

    Fannie Mae and Freddie Mac were public companies that operated with a Congressional mandate to foster homeownership. The companies purchase home loans from lenders, which can then use the money to offer new loans to consumers. When the two agencies were drowning in hundreds of millions of dollars in risky mortgages acquired at the height of the real estate bubble, the government rescued them from the brink of collapse.

    Mr. Piszel left Freddie Mac when the federal government placed the two agencies in conservatorship in September 2008. He later became chief financial officer at CoreLogic, a financial data firm.

    Mr. Piszel resigned from CoreLogic last week after receiving the Wells notice, the company said in a regulatory filing. The notice is “in connection with certain disclosure matters during” his time at Freddie Mac.

    Mr. Piszel could not be immediately reached for comment on Wednesday evening.
    The Financial Times reported Mr. Piszel’s Wells notice on its Web site on Wednesday.
    “While we appreciate Buddy’s contributions during his tenure at CoreLogic, after careful consideration of these developments, our board of directors, Buddy and I decided it would be in the best interest of the company for Buddy to leave CoreLogic to focus on his response to these issues,” Anand Nallathambi, president and chief executive, said in a statement.

    Mr. Piszel was succeeded at Freddie Mac by David Kellermann. Mr. Kellermann died in April 2009, apparently in a suicide.

    CORE LOGIC – FIDELITY NATIONAL – FEDERAL HOME LOAN CORPORATION – AMERICAN TITLE – OLD REPUBLIC – CHICATO TITEL – ….

    WHEN ASSIGNMENT FILED IN LAND RECORDS DURING DEFAULT – JUST A NOTICE OF LAWSUIT (LIS PENDENS) IN WHICH
    TRUSTEE OF LOAN TRUST ON BEHALF OF ‘FEDERAL HOME LOAN CORPORATION’ FILE LAWSUIT AS PLAINTIFF C/O
    REAL ESTATE LAWYERS (SERVICE MARK)
    ATTORNEY/BROKER
    FEDERAL HOME LOANS CORP ‘RETAINS’ ATTORNEY’S IN EACH STATE TO REPRESENTS THE LOANS ASSUMPTIONS AND THEIR ‘INSURANCE CORPORATION’ IN COURT AND THE PLAINTIFF ‘WFHM INSTITUTIONAL C/O LENDER SPOLICY LOAN DEFAULT INSURANCE’
    FOR EXAMPLE

    ‘MORTGAGEE/TRANSFEREE’
    ASSIGNMENT OF ALL DEFAULTS PASS THROUGH THE TITLE EXCHANGE

    LAND TRUST C/O LAND TRUSTEE

    BENEFICIARY/HOMEOWNER
    GRANTEEE MERS NOMINEE ASSIGNEE AND/OR SUCCESSOR (SERVICER) FOR LIFE OF LOAN

    SUMMARY JUDGEMENT ATTEMPT TO SECURE ‘GOOD TITLE’
    GOOD TITLE COMMITMENT ISSUED AGAIN BY NEW COMPANY C/O TRUSTEE FOR ‘LOAN TRUST’ US BANK NA
    NEW COMPANY ‘FIRST AMERICAN TITLE’ WHO IS BILLING ‘WFHM INSTITIONAL’ DBA FEDERAL HOME LOAN CORPORATION – LENDERS POLICY PROTECTING ‘FEDERAL HOME LOAN CORP’ OLD REBPUBLIC DEFENDANT DBA ‘WELLS FARGO HOME MORTGAGE WHO ASSUMED LOAN SERVICING.

    SUMMARY JUDMENT:
    US BANK ATTEMPTING TO CLAIM
    ALL RIGHT, TITLE AND INTEREST IN REAL ESTATE

    THIS PROPERTY WILL BE SOLD WITHOUT WARRANTY OR RECOURSE, EXPRESSED OR IMPLIED AS TO TITLE, USE AND/OR ENJOYMENT AND WILL BE SOLD SUBJECT TO THE RIGHT OF REDEMPTION OF ALL PARTIES ENTITLED THERETO

    INTERESTING OBSERVATIONS:

    DEED 12/3/98 – ‘DEBT SECURIED’ DECLARED DUE ‘ATTACHED’ TO SASCO 2006-WF3 LOAN TRUST. HMMM. PSA CLOSED 9/28/2006. ‘DEED 12/3/1998. WHOSE NAME WAS THE PROPERTY IN AT THAT TIME?

    to Secure Debt has been and is hereby declared due because of, among other possible events of default, failure to pay the indebtedness as and when due and in the manner provided in the Note and Deed to Secure Debt. Because the debt remains in default, this sale will be made for the purpose of paying the same and all expenses of this sale,

    entity that has full authority to negotiate, amend, and modify all terms of the mortgage with the debtor is: WELLS FARGO BANK, N.A., 3476 STATEVIEW BLVD., Foreclosure MAC# X7801-014, FT. MILL, SC 29715, 803-396-6000. (WE KNOW THAT THIS ADDRESS COMES UP ON GOOGLE AS ‘FEDERAL HOME LOAN’…

    Please understand that the secured creditor is not required to negotiate, amend, or modify the terms of the mortgage instrument. To the best knowledge and belief of the undersigned, the party/parties in possession of the subject property known as 1305 FIFTH STREET, BAINBRIDGE, GEORGIA 39817 is/are: JOHN B HENRY JR or tenant/tenants.

    Said property will be sold subject to (a) any outstanding ad valorem taxes (including taxes which are a lien, but not yet due and payable), (b) any matters which might be disclosed by an accurate survey and inspection of the property, and (c) all matters of record superior to the Deed to Secure Debt first set out above, including, but not limited to, assessments, liens, encumbrances, zoning ordinances, easements, restrictions, covenants, etc. The sale will be conducted subject to (1) confirmation that the sale is not prohibited under the U.S. Bankruptcy Code; and (2) final confirmation and audit of the status of the loan with the holder of the security deed. Pursuant to O.C.G.A. Section 9-13-172.1, which allows for certain procedures regarding the rescission of judicial and nonjudicial sales in the State of Georgia, the Deed Under Power and other foreclosure documents may not be provided until final confirmation and audit of the status of the loan as provided in the preceding paragraph. US BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR SASCO MORTGAGE LOAN TRUST 2006-WF3 as Attorney in Fact for JOHN B HENRY JR.

    THIS LAW FIRM IS ACTING AS

    A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT.

    ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.

    20110169800525 BARRETT DAFFIN FRAPPIER LEVINE & BLOCK, LLP 15000 Surveyor Boulevard Addison, Texas 75001 Telephone: (972) 341-5398.

    WJBH1109
    NOVEMBER
    9,16,23,30
    Fannie Mae Retained Attorney List

    ANOTHER ‘RETAINED ATTORNEY’ CONTRACTED TO FORECLOSE IN NAME OF ‘TRUSTEE’ DBA AS OTHER THAN FEDERAL HOME LOAN CORPORATION. HMMMM.

    US BANK NA – STRATEGIC RELATIONSHIP AND PARTNERSHIP WITH ‘RELS’ dba ATI (American Title …) aka ATI TITLE – aka WFHM Institutional

  5. […] MERS STEPS CLOSER TO ADMITTING PRIOR FORECLOSURES WERE INVALID « Livinglies’s Weblog. This entry was posted in BMAS, LLC. Bookmark the permalink. ← IS YOUR HOME MORTGAGE PROOF? […]

  6. I think that everyone is missing the #1 problem MERS has in CA.
    MERS is a Non-Authorized Agent and cannot legally assign the Promissory Note, making any foreclosure by other than the original lender wrongful, for the following reasons.

    1) Under established and binding Ca law, a Nominee can’t assign the Note. Born V. Koop 1962 200 C. A. 2d 519[200 CalApp2d Page 527, 528

    2) On most Notes, the term Nominee is not included and MERS never takes ownership, making it unenforceable and unassignable by MERS.
    Ott v. Home Savings & Loan Association, 265 F. 2d 643 [647,648

    3) Ca Civil Code §2924, et seq. is exhaustive and a Nominee is never included as an acceptable form of “authorized agent” in a judicial or non-judicial foreclosure.

    Finally, GOMES V. COUNTRYYWIDE HOME LOANS, INC., 192 Cal.App.4th 1149, IS FLAWED!
    a) Born v. Koop was not addressed or applied in the Gomes case, and treated the definition of a Nominee as a new creature vs. one that has been defined by established law. Which is why Gomez is bad law (Not to mention the ludicrous idea that the Borrower can grant MERS the right to make an assignment).
    b) The first thing the Deed of Trust does is (i) take away MERS right to payments and (ii) take away the right to enforce the Note.
    c) REGARDLESS WHAT A BORROWER AGREES TO, a borrower cannot legally grant MERS the right to assign the note or any of the rights of the note owner.

    Source: https://sites.google.com/site/mersfatalflawsincalifornia

  7. From MERS membership rules (aka governing doc):

    “MERS agrees not to assert any rights…with respect to such mortgage loans
    or mortgage properties. References herein to “mortgage(s)” or “mortgagee of record” shall include deeds of trust and BENEFICIARY under a deed of trust….” In other words, MERS agrees not to allege to be the beneficiary: MERS agrees not to assert any rights to such mortage loans including that of beneficiary. That’s my take.

    The reason they had to put that in is so that MERS couldn’t turn on THE
    MEMBERS and assert an interest in the loans for which it held nominee status in the land records. Think about that one!

  8. @Bill – yes indeedy – that’s the guy. I read the material at your link – thanks,truly.
    I am now quite alarmed. No one seems to get that C v L does not apply to deeds of trust in title-theory states. (or hit me with your best shot)

    Carpenter v Longan – take 10.

    The C v L case was decided as to a mortgage, not a deed of trust. A mortgage, unlike a deed of trust in a title-theory state, is a LIEN. A LIEN will follow a note if only because C v L says so. Utah is a title-theory state, so C v L would not apply, definitely not for the reason cited, which is that a
    MORTGAGE (a lien) follows a note.
    And in states which use mortgages v. dot’s, what is the implication of a mortgage following a note? Where might that leave MERS?

  9. eLynx integrates electronic document delivery, online forms, electronic consent, and eSignatures into commercial client’s portals. Information and documents from multiple systems of origination can be presented within a single, consistent interface. Borrowers can provide information back to you securely and electronically. They don’t mean ‘consumers’ they mean everyone else.

    Please include in your knowledgebase about LPS/DOCX remediation’s, the nationwide network of attorney’s & title & settlement agents who are eLynx and/or eDelivery participants and not part of MERS as a MEMBER but the ‘common denominator’ of all ‘retail’ escrow transactions who link to the MERS members through other services including LPS/DOCX and eLynx and TD Services.

    TD Services dba TD Escrow (special services just for non-judicial states) part of the MERS network. Look at graphic revealing ‘MERS’ and Fidelity and the cloud and….

    Consider the fact in the member profile, that MERS identifies who is an eDelivery and eParticipant — a rather significant fact that the systems and transactions are indeed integrated. Many have asked ‘what is eDelivery and eParticipant’ well its eLynx members who are integrated with MERS Members

    Who is the MERS MEMBER? First 7 digits of a ‘Min’ # are the ‘Members ID number assigned. You can view the profile of the member who handled one transaction controlled by a 10 digit agreement (sale or purchase) number followed by a hyphen and control digit. Not all transactions are recorded in MERS long arm reach database. But LPS and DOCX and TD Services and eLynx all are integrated to communicate via the ‘cloud’ internet.

    For those of you who have never viewed a ‘MERS’ Member Profile pay particular attention to eRegistry Participant and eDelivery Participant and Lines of Business.

    Remind yourself that Wells Fargo Commercial Bank does not do residential mortgages clearly restated June 1998 in the public domain. Mark Oman of Norwest and Pete Wissinger liked the ‘stagecoach’ private brand label better than the ‘Norwest’ image of Alt-A assets and subprime lending.

    Example of ‘servicer’ and ‘escrow’ transactions both eRegistry and eDelivery.

    Corporate Name: GMAC Mortgage, LLC
    Address: 3451 Hammond Ave Mail Code 507-345-186
    City,State,Zip: Waterloo, IA 50702
    Toll Free Number: (800) 766-4622
    Direct Number: (800) 766-4622
    Fax Number: (999) 999-9999
    Primary Contact: GMAC MERS Dept.
    Website: http://www.gmacmortgage.com
    Member Org ID: 1000375
    Lines Of Business: Originator, Servicer, Subservicer, Investor, Document Custodian

    eRegistry Participant: Yes
    eDelivery Participant: Yes

    Notice ‘eDelivery’ an enterprise-wide eDelivery solution including Settlement Agent Management and integrates with ‘MERS’.

    Settlement Agent Management ‘common denominator’ for all ‘retail’ servicer escrow transactions nationwide.

    “With the increased risk of fraud and greater need for scrutiny in the loan process, lenders need more transparency with their closing partners and agents.

    The Settlement Agent Management (SAM) component of the eCN from eLynx gives lenders the tools and information they need to work with their closing partners.

    At the heart of eLynx’s electronic closing network (eCN) is SAM. 100,000 of the nation’s closing agents are registered and maintained within eCN. Registered agents handle closings for virtually every bank in the US. It is a simple process taking a settlement agent just a few minutes, but it greatly reduces a lender’s risk of fraud perpetuated by closing agents.

    SAM also provides greater visibility into the status of the closing including the scheduled closing date and information about funds disbursement.

    eLynx (company) products tracks and audits document delivery & receipt even can automatically print and mail documents if eDelivery is not successful

    “For over a decade, eLynx has provided the most secure eDelivery applications available, allowing you to securely send data and documents wherever they need to go.”

    Provides secure document delivery with tracking and auditability
    Combines multiple documents into a single document or package to simplify consumption

    Can include optional E-SIGN and UETA-compliant eSignatures

    The great advantage of eDelivery is the speed. Instead of waiting for days to receive a document in the mail, a notice arrives in email almost instantaneously. eLynx’s eDelivery services require different levels of authentication to pick-up the information, which is much more secure than regular email.

    Technology includes: HUD-1 Reconciliation; eDelivery, eSignature, eClosing, Collaboration, Fraud Mitigation, On-demand Platform, Document Viewing, …

    Read description of ‘eDelivery’ on eLynx and you’ll understand how the attorney and settlement agent were part of the nationwide title & settlement services ‘retail’ escrow transactions linking to MERS. You’ll begin to understand the original note is scanned digitally and reproduced as needed.

    NOTE: 10 Year life span of GMAC Mortgage of Iowa, GMAC Mortgage of PA, in 2006 sold and become new entity GMAC LLC. Financial Holding Companies must sell all affiliates and non-bank affiliates per rules of FED and they sell back to themselves in a different name or whom they are instructed to sell to.

    So any MERS transactions and retail escrow funding GMAC Mortgage, LLC dba as a business entity in PA where the website used as a registered fictitious name for another registered fictitious name GMAC Bank and we wonder why consumers as borrowers are vulnerable? don’t know this servicer will take consumer property into pipeline for benefit of beneficiary their parent not the consumer.

    INQUIRING MINDS WANT TO KNOW:
    HOW DID ‘CHASE HOME LENDING’ A ‘SUB-SERVICER’ at Retail who did not record their own MIN 18 digits used third party temporary lenders, and Chase listed below was not a eDelivery participant with eLynx. Hmmmmm.

    Corporate Name: Chase Manhattan Mtg. – Deerfield
    Address: 780 Kansas Lane
    City,State,Zip: Monroe, LA 71203-4774
    Toll Free Number:
    Direct Number: (318) 699-4636
    Fax Number: (318) 555-3344
    Primary Contact: Rachel Pylant
    Website:
    Member Org ID: 1000565
    Lines Of Business: Subservicer, Investor

    eRegistry Participant: No
    eDelivery Participant: No

    NOTE: Chase Manhattan Mortgage Corporation 1996/1997 affiliate of Norwest with GMAC-RFC – largest producer of non-conforming mortgage products not eRegistry nor eDelivery. Hmmmmmm.

    INQUIRING MINDS WANT TO KNOW HOW DID ‘Wells Fargo Home Mortgage’ storefronts from June 2004 forward nationwide active as ‘eRegistry and eDelivery participants for both originations and servicing through the Minneapolis MN – Correspondent Business Operations? was never an ‘investor’? Hmmmm. Not therefore ‘Wells Fargo Bank NA’ hmmmm.

    Corporate Name: Wells Fargo Home Mortgage
    Address: 2701 Wells Fargo Way X9998-012
    City,State,Zip: Minneapolis, MN 55467
    Toll Free Number:
    Direct Number: (651) 605-3711
    Fax Number: (952) 562-0980
    Primary Contact: Masse Adjetey
    Website:
    Member Org ID: 1005298
    Lines Of Business: Servicer, Subservicer, Investor, Document Custodian
    eRegistry Participant: Yes
    eDelivery Participant: Yes

    NOTE: EMAIL of ‘wellsfargo.com’ ordering title & settlement agents and local attorneys for their ‘mortgage brokers’ to place title policy in name of ‘x’ lender and for ‘x’ amount…. hmmmm. did order the retail escrow transactions – and are the recognized nationwide lender who does not do ‘mortgages’ and integrated in the title & settlement agency of former PHH and Cendant Settlement Services morphed into 4 IPO’s 2006-2008 – hmmmmm.

    eLynx Webinar: Executing Your eLending Strategy for Fiserv Customers

    So read all about Electronic Closings referred to Post Close and Servicing phase of loans, documents converted to paper because lenders lack infrastructure for secure electronic delivery of servicing documents to borrowers. Electronic documents require signatures and without the ability to capture binding signatures electronically, you may have to rely on wet signatures (or blue ink) which would require in-house staff to process and scan incoming mail before you could leverage electronic delivery to borrowers. eLynx can help you (clients of commercial banks) to automate the entire post close and servicing operations.

  10. Pat’s right about the financial disaster if the brakes went on as to every home.
    Here’s the sick truth to me. Some of the judiciary like that Jones guy in NV DC imo stand on “well you got the money” and allow just any ol’ body to off with the house and regardless of any lies told to get the borrower’s autograph. Some judges actually aspire to follow the law, uphold their oaths with no allegance to politics, and we have seen logical decisions in those cases. Hail to them. In the big picture everyone involved (aka Washington) in decision-making must know this whole deal is tweaked. If they acknowledge it as to the homeowner, there would be chaos. So we are sacrificed. Not until MERS’ alleged records are made public and the true unravelling is done can there be any real reckoning, and nobody in power wants that reckoning to come on any one day. I wonder if that’s what Genpact is up to with its seven year contract with MERS – trying to straighten out the mess. (could just as easily be Genpact trying to skew things futher for all we know).
    If Genpact were hired to attempt to straighten it out (good luck), I am further incensed that out of work (thanks to MERS) Americans weren’t hired. That would probably be too many Americans who would know the truth. They’d have to hire some outfit though since no self-respecting American would take a pay check from MERS.
    So we the homeowners are left to fashion our own remedies for all the bs and we are made to pay for a system which failed miserably to
    regulate the records of land ownership and interests. Not only did that system fail, it wasn’t designed to do otherwise. I personally dont’ give a rat’s how harmless they would say MERS might have appeared. I’m a plebe in the scheme of things, and I can see the danger of MERS from the get-go. Anybody with a brain in his head could have predicted the disaster, certainly our lofty reps whose job it is to keep an eye on this ‘stuff’. Where in the hell did those jackels get off
    letting those “records” be hidden?

    Washington shudders at the thought of a down grade in
    our credit rating. That’s rather closing the barn after the horse is out.
    Maybe we don’t deserve a good credit rating. We’re the home of the biggest scam ever seen. If you or I pulled that scam, we couldn’t even find our fico scores. Expletives. Our Washington representation could have given some thought to this when it chose to allow this rampant serial fraud or at least turn blind eyes.You gotta be kidding me. I still just can’t believe it. If MERS had done none of its other plethora of sins, it hid the interests, the records of one of our most precious commodities. More expletives.
    Now that’s a rant, I guess, but my point is that we’re on our own, so we have to figure out how to help ourselves. Dear God, I pray that includes the imprisonment of William Hultman and his pals. Maybe they can share quarters with Madoff. That would make us feel good
    and feeling good is useful as hell. I’m upping my ante. Here’s my 100.00 contribution to the prosecution.

  11. One thing I would do over is pop for an expert to discredit the note
    they “came up with”.

  12. @Ian – that’s a tough one. I can’t pinpoint any one thing I would do differently. There are many. I guess to say it succinctly I would not be quiet about what I consider poor rulings along the way. I would file interlocutory appeals as necessary. I would try to narrow my focus. I would know more about the rules of procedure and evidence. That’s a pretty tall order for lay people.
    The other day I posted a comment in the form of language for a mini-pleading about what evidence the bankster is (not) showing. I wish like heck I had known what that (what I wrote) meant from the beginning. I would meet them at the door with that one. Once a case goes sideways, it’s some kind of struggle to get it back on track.

  13. John Gault- when they ‘came up with it’ , and that is exactly what they did, what did they do? Did you know then what you know now? What did you do, and what would you have done differently, in hindsight? Appreciate your herculean efforts here to keep the ball rolling.

  14. Mr. G said

    “It obviously WAS part of the agreement with the banks that foreclosures could be initiated in the name of MERS. ”

    Well, now hold on there a minute please. The only time a member was authorized to foreclose in MERS’ name was when that member was in possession of the note. MERS may ignorantly have thought possession was synonymous with holder, which “it ain’t”. ‘Holder’ has a specific meaning and it does not encompass mere possession. Course, MERS sure the hey wouldn’t have known if a member had possession or not, anyway. They can’t even spell diligence. The members didn’t have even possession. They had no idea where those notes were. That’s why I for instance got to get messed around for over three years. ALS had tried to foreclose in MERS’ name. To do so under the rules, ALS was warranting to MERS that it had the note in its possession. ALS didn’t have that note. Then they swore again in court they did, so they HAD to come up with it, and “come up with it” is just what they did.

  15. And you know, when those assignments state a consideration like that and the consideration is not actually paid because there is not any real intent to transfer the beneficial interest in the deed of trust to the bankster, I think that might rise to fraud. The assignment is done to get the homeowner and the court to back off. At the most, it is being done by the bankster so that the bankster can proceed with f/c, but really still as a debt collector and not a true beneficiary. To recite consideration as if there is a real transfer seems fraudulent in intent and in deed (‘deed’ here meaning action).

  16. Is this
    http://waltertkeane.com/DeathofQuietTitle.aspx
    the end of the Quiet Title defense in Utah?

  17. I remember: When a person signs a doc such as a contract as a corporate officer, the other party to the contract generally requires a corp resolution demonstrating the corporations’s agreement that this person is authorized to execute that contract and bind the corp.
    An assignment is a contact.

    All of them say for 10 dollars and other good and valuable consideration, which is “normally’ okay. BUT, WHO is getting that 10 dollars and other good and valuable consideration?
    It should only be the last real beneficiary of the deed of trust. It aint MERS, that’s for dang sure, so this when shown is evidence MERS is not the beneficiary. But, back to the question, WHO is getting it? I seriously doubt the 10 dollar part of the consideration is even paid in the first stinking place.
    I can promise you the banksters are paying MERS something, tho, to use its illegitimate and probably fraudulent m.o. formulated to allow self or other similarly bs assignments. (but this something $$ is NOT for the assignment, just the tweaked m.o.)
    And btw, if that ‘consideration’ were not actually paid (all of whatever is being alleged) , there is “inadequacy of consideration” and the contract, the assignment, fails for that reason. Normally, inadequacy of consideration is an allegation to be made by the parties to a contract, but this assignment is derivative of others’ rights in your home, so you would have standing to assert it imo. So, is there consideration and who is getting it?

  18. @ neidermeyer….What state are you in?? Give me a call. Best time between 10-12pm, EST. I’m in New York City, the land of Judges Schrack, Grossman, et al, where the Judges HATE the fact that MERS and Banksters used their Courts to get fraudulent foreclosures in summary judgments. The Judges here in Kings County no longer “rubber stamp” foreclosure documents. Their Law Clerks now make sure that they CYA the Judge. After Bank of NY v Silverberg, App. Div., 2nd Dept., all is going well against the title jugular. Anyway, give me call. Abdullah, 347-263-2717.

  19. A person around the block from me, got foreclosure notices, did the loan mod thing, started making payments, sure enough 2 months ago a Realtor knocks of her door and says she has been foreclosed on. Neighbor throws a fit, calls lawyer and no word now for 2 months.

    Another friend did the loan mod thing 1.5 years ago, signed the papers, sends in money every month. But, no paperwork returned saying a-ok. This person is paying some collector who doesn’t own anything but gets a nice 1k check from my friend. My friend says she doesn’t care, she is living in the house, you gotta live somewhere.

    So you see we are up against the banks, courts and people homeowners who are just down right dumb if you will.

  20. Alice,

    it started with the credit cards and that is why I keep bringing it up. They got away with it for so long it has become reality or agreement, that’s how it is done and everybody agrees. Now they had to move into mortgages and they are trying to make it a reality. And of course people only know they haven’t paid, so therefore they owe and any tom,dick & harry comes along and gives some data like “your original creditor” so people pay the collector assuming since they know that part of it. And of course they are oh so trapped into their FICO score.

  21. johngault, this works so well for the servicers doesn’t it. They get all those free houses because the Court certainly can’t figure this out. Every case has to be looked at individually and what judge out there knows how to follow a chain of title. I look at some of the documents and look at the language and wonder what the heck is that supposed to mean. I can’t follow all the gobblygook and I worked in the business 25 years..processing thousands of loans and closing hundreds. I don’t know how a loan closer can begin to untangle this mess let alone a judge that alots 20 minutes, if that, to a foreclosure. Judges have to reach a point where they understand that every f/c has fraud somewhere. We can’t depend on old school judges to do the right thing at this point and the banksters are counting on their ignorance to get their free houses. This has worked out well for banks. Ignorance is bliss for them. Millions of homes now sit in REO portfolios as a result of fraudulent f/c. Wake up judge, these are not the f/c you were approving prior to the advent of Mers.

  22. cubed2k, yes, that is how convoluted this has become. The Servicers are now sending out letters calling themselves ‘collection agencies’..what more proof do we need. They don’t tell us who they are collecting for and people that question get told they have no right to know. So everyone is now paying a collection agency just because they are afraid not to. There is no proof anywhere that the collection agency has the right to collect the debt. Oh, but, MERS, MERS, MERS..that computer program knows and we should never question the almighty MERS.

  23. Alice,

    that’s right. There it is in Calif Civil Code 2937.

    Now in your example. Doesn’t matter if John is dead or not.

    I borrow 5k from John. I sign promise note and agree to $500/month. I send him 500 for two months. During the third month I get a letter from Joe I’m Going to Sucker You Collections, LLC. Letter states send John’s 500 to me every month. So you do, 1 year goes by, John writes you and says “say Alice, I’ve been gone for awhile and actually moved to another state, you still owe me $4000.00. Can you start paying me back now again. You reply I have, I have been paying Joe Sucker Collections, LLC. John says what, never heard of them.

    Thus connect dots with collection companies for credit cards, mortgages, loans for best buy, Macy’s credit cards, all of it that you may have defaulted on.

  24. Good to see you back, M. Soliman : )

  25. We are experiencing good fortune as of late . It is in part due to piercing their convoluted and irregular procedures lenders cannot seem to get straight in recovery of assets. As always there is a reason why . . . .Here is a sample of what is used to testify for the matter pled….

    M.Soliman

    1. Defendants are the lender shown on the HUD -1 settlement statement and parties listed as successors and assigns who are both one in the same. Defendants are also the successors and assigns to the HUD -1 settlement statement as Grantor Beneficiary and Grantee to a trustee sale concluded on xx/xx/20xx

    2. Defendants are seen to have acted in various interrelated roles and have pursued business practices that cause them to ultimately fail in procuring a lawful foreclosure. Of greatest consequence to the claims brought supporting a lost right to recovery are where Defendants encounter a conclusion to the robust market condition. Analysis by leading universities show differences in manipulative Market definition that focuses solely on demand substitution factors, i.e., on customers’ ability and willingness to substitute away from one product to another in response to a price increase or a corresponding non-price change such as a reduction in product quality or service”. Only by maintaining manipulative robust condition could lenders keep hidden from view the essential ebb and flow “robust” cyclical market activity.

    a. In Graupner vs. Select Portfolio Services 2010 the expert witness remarks to his astonishment the existence of Robo Signers’ and Defective Jurat’s dating back to a loan foreclosure commencing in 2002.

    3. A Robust condition in the market causes loans to recycle as if from one borrower to another concealing the fact the home is never lost to the original lender with regards to foreclosure.

    4. Defendants construct a stuatory foreclosure under the most consistent, highly irregular set of factors. Thereupon they appear incapacitated from conducting a traditional or conventional foreclosure. Only by amending various statutes providing greater leniency can they accomplish their objective.

    5. Plaintiff concludes it right to action by having established its basis for beliefs and claims. In its discovery it alleges with confidence, upon a preponderance of evidence, its facts pointing to the statutory business trust as an entity that in fact holds equitable title to Plaintiffs real property.

    6. Defendants claim the equitable title to realty under a security deed holding legal title. Similar to Georgia foreclosure laws , the lender transfers the security interest into trusty immediately upon the conclusion of the loans settlement.

    7. Defendants are the successor Lender, who is the same party throughout the life of loan. It is the successor to the HUD -1 settlement statement that shows the originator prima facia on all closing documents. The lender is therefore the entire beneficiary successors, assignees and subject matter “mortgagee” to the party named on the subject matter note.

    expert.witness@live.com

  26. You know, now that I think about it (duh), since it’s been established that MERS is not the beneficiary itself (hasn’t it?), shouldn’t those assignments be signed

    MERS as agent/nominee (pick one) for BONY Mellon as Trustee for
    1234 Main Street Trust
    ______________________________________
    by Fred Smith, it’s vice president

    I can’t remember these days what goes above and under that signature line, but you get the idea.

    In what other document in the entire world would such an identification not be required? None.
    You can’t, say, show up to a title company to sign docs for your spouse without a power of attorney.

    You would sign
    ________________________________________
    Mary Alice Johnson by Tom Johnson as her duly appointed
    power of attorney (something like this)

    And there’s no way the title company would stand for your signature for Mary Alice without a duly executed poa from her. So where is the documentation which supports MERS’ nominee / agent status for
    BONY? What are the controlling documents? The PSA? MERS’ membership contract? Where is Fred Smith’s appointment? Normally
    when a corporate officer signs a document, there may be (for all I can remember) a presumption of legitimacy of his corporate officer status, bur because of MERS and its members legally skewed m.o., they are not entited to that presumption. One would have to tell the court why they’re not, starting with the ask-and-you-shall-receive appt of anyone with a pulse by Mr. Hultman. And where is MERS’ corp resolution
    authorizing these appointments, or in particular Mr. Smith’s? You need to tell the court Mr. Smith is not an employee of MERS because MERS has no employees, he is likely an employee of the bankster or its
    f/c mill, and that MERS does no diligence and has willfully (if it even did) given carte blanche to an individual to act in its name with zero zero zero oversight by MERS. That individual cannot have knowledge of the veracity of the document he purports to execute without all the underlying documents which would establish MERS authority to
    execute an assignment. And this doesn’t even consider the fact
    that when the appointee is an employee of the member, MERS principal (the bankster) is attempting to act as the agent of its alleged agent and these assignments are self-assignments to boot.

    As it stands now, there is no other conclusion than courts are relying solely on the language in the deed of trust, “successors and or assigns”. Nothing in the deed of trust supports a finding of agency or nominee status with a party unknown or even if identified, as above with BONY. Without a chain of title for the dot, there is no indication yet alone evidence that BONY is the successor or assignee of anyone or even a MERS member. Even if MERS were at one time the beneficiary itself (not), there is still no evidence that MERS remains the beneficiary and that it’s status as benificiary hasn’t been alienated by subsequent unknown transfers of the deed of trust. In order for a court to make a rational, informed decision, it would really have to look at all these things, including the complete chain of title for the deed of trust. Courts are not making rational, informed decisions.
    Most of us are victims of non-judicial foreclosure. Just because a bankster initiates a non-j f/c doesn’t mean you can’t take it to court because there must be compliance with non-j procedures. Non-j f/c is not a free for all. Maybe someone will pen a sample action starting with I’d like to see the docments the alleged sub trustee is relying on which demonstrate I have defaulted and the evidence given to that trustee that the bankster is the right party to be making this claim against me.

  27. E.Tolle, guess your friend will be trotting down to the closing agent’s office with his bank letter in hand when he sells the property. The closer has to get that lien off the title and that can only be done with a recorded document. If the closers are now excepting letters from banks in lieu of recorded documents that tells you how far we have fallen. The title company cannot insure the property with that loan still showing, the deal cannot close until it is properly satisfied with a recorded document. Your friend will find this out.

  28. @tnharry. I know what the intent of Mers is/was. A computer program that kep track of the loan so they Counties didn’t ‘have to’. A computer program that would save the banks money so that the banks didn’t ‘have to’ record all those assignments. My point is that that is all it is. A computer program. Of course they don’t have the notes and don’t keep track of the payments. My point was that they are using Mers as if it is the final say..they are using Mers as if it has authority and it sounds like we agree, it does not.

  29. Dan-o, thank you for your story. The title companies are in so deep over this. I am wondering how they ever reached this point. I realized how ignorant one alledged ‘Title Officer” was when i helped a friend research his chain of title. We were doing this because someone was claiming adverse poessesion over a strip of his land. My friend and I went to the office of the Title insurer and I was actually kicked out and told by the manager that I was never allowed back in their office. I was asking too many questions that he could not answer. This was a Title Officer that didn’t have a clue about his job. I have no idea how he obtained the job as he certainly wasn’t qualified. Ironically I had worked with this company for several years because of my career in the mortgage business. I knew enough to make me dangerous and he could not show me how he had reached his conclusion..he just threw me out. Who are these people and who trained them.

  30. Exactly to the point Alice.

    I have a friend who is very smug about the fact that his house is paid for, unlike all us deadbeats who “had” a mortgage. I asked him when it was that he paid off his loan. Three or four years ago. I asked him if he got his Paid In Full original docs back from the lender. He told me he didn’t need to, that instead, the lender sent him a letter that he showed me. It simply stated that the bank’s letter was to act as proof of satisfaction of his loan.

    “There you go!” He said.

    “Ay Caramba,” was all I could muster underneath my breath, and I don’t even speak Spanish. Wolves, meet Bambi.

  31. @Alice – kind of, but MERS never had anything to do with the note or the accounting of the payments

  32. So, I borrow 5,000 from a friend and sign a promissory note to John. John moves away and I continue to make payments on the p/note. A few months later I get a phone call from my friends brother Mike. Mike tells me John is dead and to make the payments to him now. He tells me that he can’t find the note I signed for the loan but John kept the records of my payments on his computer so that is proof that I owe the debt. I am also told to trust his brother and continue to make payments because John kept excellent records but didn’t have a will. This is what Mers is/was..Johns computer record. I don’t know if Mike is John’s brother, I don’t even know if John is dead. But Mike said so. I would really like to see some proof that Mike has the legal right to collect on the note and it extends past John’s computer print out. I also would like to know how I am going to get back the missing note after I pay off Mike. The note stamped ‘paid in full’.

  33. Two of the biggest problems here are 1. The servicers are giving themselves agency to transfer from Mers to themselves, of course in the upper 90’s% range uncontested, and 2. No agency exists or existed from lender to servicer to act as forecloser. More salt in the wound in the case of dead principals.

    As Gregory Bryl put it:

    “Let’s say that MERS is a limited agent for the loan originator in a given transaction. MERS might then have certain limited powers authorized by (and confined to the scope of) the limited agency. Also, the agency would have to be “alive” at the time of MERS’ actions, so that, for instance, if MERS’ principal (originator) is defunct at the time of MERS’ actions, those actions would be void (or at least would have to be validated in some other way) because MERS’ scope of action cannot be greater than that of its (incapacitated) principal at the time.

    This is being played out daily in a courtroom near you, or simply walked away from in non-judicials. At the very least, these specific agency agreements, not just POA’s, need to be demanded. Bets they can’t be produced?

  34. “The reality is that this will play out with some type of compromise. That compromise WILL NOT result in the destruction of the banks, or clouded titles on every home. If one is advocating for that, then the person is asking for the complete financial destruction of the US.”

    The good old “tanks in the streets” threat if Wall Street banksters don’t get their way – ala Hank Paulson and Turbo Tax Geithner. I call BULLSHIT.

  35. @johngault: I believe zur is citing Judge Levanthal in Bank of NY v. Silverberg, in NY Appellate Court, 2nd JD. If not, apologies to z.

    Some notables:

    “Hence, although the consolidation agreement gave MERS the right to assign the mortgages themselves, it did not specifically give MERS the right to assign the underlying notes, and the assignment of the notes was thus beyond MERS’s authority as nominee or agent of the lender…”

    And “the “party who claims to be the agent of another bears the burden of proving the agency relationship by a preponderance of the evidence”

    Very interesting opinion:

    http://scholar.google.com/scholar_case?q=2010-00131+%2BSilverberg&hl=en&as_sdt=2,33&case=17433510560267208864&scilh=0

  36. Neidermeyer

    Couldn’t you take an assignment from the abandoning owner?

  37. I don’t think state law determines if MERS is an agent – MERS’ membership agreement , which is its contract with its members, does, in conjunction with the other contract, the dot. I can’t imagine what statute would replace the terms of a contract, unless maybe those terms are outright illegal. Maybe state law is used in interpretting a contract’s validity. Rather than a question of legal or not, the real question may be one of legitimacy. I mean, if I say in a contract I will do X if you will go to the moon and get some cheese, that’s not legitimate. It isn’t illegal per se; it’s just not legitimate. The way MERS and its members operate is illegitimate. As far as I know, a principal may not act as the agent of its agent.

    MERS calls itself both the nominee for the beneficiary as well as the beneficiary itself. Now that might be something to apply statutes to, to interpret the conflict and I think at least one court has said this is garbage. Wasn’t this the real beginning of the big “huh?” for us to have to try to wade through?
    Isn’t this evidence of MERS’ intent to deceive from word one, speaking of statutes?

  38. Tony,
    Well said: “The signs are in the details look closely and you will find all the answers they you are looking for.”

    I’m in a non-judicial state and I’m still baffled by the number of assignments that have the name of the “substitute trustee” upon their face when the “substitute trustee” has yet to be “appointed”. This is clear evidence of fraud and it shows the assignments were executed for the sole purpose of foreclosing. I’m simply not understanding how “substitute trustees” are getting away with this obvious fraud when they’re suppose to be a neutral party. These actions prove the “substitute trustees” are knowingly colluding with the “servicers” and/or pretender lenders both before and after their so called “appointment”. According to the PSA’s, the assignments should’ve been in recordable form, usually long before a substitute trustee is thought about.

    Look at just about any assignment in a non-judicial state and it will state something to the effect of Recording Requested By/Return To…”Substitute Trustee” before they’ve been “appointed”. These fraudulent assignments will also include the “servicers” account # rather than the original lender’s account number….how is that possible?

  39. @zurenarrh, in what Judge Grossman ruling did you think you saw that about MERS?

  40. Sure BAIT!

  41. The reason why no one uses NY trust law is because of something made at the same time of the so called trust. NIM trust. This paid “investors” before the “trust was issued out. NIM was funded by a ppm, that then got paid when securitization trusts filed with the SEC.

    PPM are only sent out to Qualified Financial buyers who understand the principal of you win some you lose some. This is the reason why there is no huge people filing law suits. The groups that everyone seeing filing suits are working on behalf of huge unsecured debt buying hedge funds companies. Not the so called people that invested in mortgage paper. They received there money long ago when they (NIM Trust) put out an public offering for a so called trust on the stock exchange.

    This is where credit default swaps come into play and trust filing the papers with the sec saying they are not filing anymore. Remember if they are taken there name off the sec then they are not a corporation anymore. Meaning they can not be sued or sue anyone any where because they are not a person in the eyes of the law with the right to do that.

    So they have a “trustee” sue for them but the problem is that when a debt is paid the original debt instrument is destroyed. If no one believes this then read the FDIC papers with any bank they “took over”. NO company is ever allowed the original notes because it was destroyed and paid. All they get is a collateral file that has a name, address, last known phone number, the amount of the debt, last payment, interest rate and a digital copy of the customers signature.

    This is why the robo signers came into light. They used this information to put it on a standard promissory note, signed the note with your name stamped it with an fake endorsement and called it a day. The problem was that since they were just spiting them out like hot cakes they never thought that someone would look and challenge, and a judge would say hey you right this is fake and how many Linda Green’s are they cause this person has to many job titles.

    The signs are in the details look closely and you will find all the answers they you are looking for.

  42. Long Beach endorsed and cashed the note into “blank” proving they do not hold the note. However Long Beach stands as the only party on the deed of trust, with no assignments to anyone.

  43. Am I wrong? The PSA takes president to the UCC law. If they have broken the PSA it does not matter what they claim on the UCC law? My PSA was not assigned and left in blank on the final back page. Just like the note..

  44. PAT,

    “People,
    None of this stuff is easy, or written in gold. There are issues with UCC Code, State Laws, and Federal Regulations that all come into play. Much of the time, they are contradictory, and confusing. This results in no clear cut manner to rule.”

    PAT, my friend, Do you realize that it is NOT EASY for a reason. It’s done on purpose so people don’t understand and just say fuck it, and either don’t show up in court, or don’t hire a fuk’in lawyer cuz they need to make 300/hr while your homeowner makes 20/hr and the homeowner can’t afford it. Or they just walk.

    Just like the fuk’in tax code is so complexed and not easy and you got to hire a tax guy to figure out your taxes. But of course our Treasury Sect. Tim Geitner uses Turbo Tax and doesn’t pay his tax bill and nothing happens.

    Fuk YOU!!!!!!!!!!!!!!! Confusing my ass, it’s all done on purpose for only one reason. Oh, and it’s OK it’s confusing so nobody but insiders can figure it out. THAT’S OK? REALLY? Confusing, must hire somebody to figure out the
    “the code”. Or, walk or give up.

    OK PAT you say

    “There are issues with UCC Code, State Laws, and Federal Regulations that all come into play”

    WHY ARE THERE FUk’in issues after 200 fuK’in years? YOU’d think it would be solved? Doesn’t make sense, and that is the REASON. TO keep it from NOT MAKING SENSE to your average person. Jee, that is called main street.

  45. PAT,

    THATS right 2937.

    And you state “When servicers are changed, the homeowner is notified because they must know where to send payments.”

    THE POINT YOU ARE NOT SEEING IS “who” notifies the homeowner.

    It is HOLDER OF NOTE. Get off assignments, I ain’t talk’in assignments. IT IS, per the code,

    Holder of Note sends borrower notice of who servicer is or when a change in servicer, your new servicer is so and so. Per the code, it is not “the servicer” informing you another servicer is now taking over servicing your loan, it is the holder who informs you, right?

    I have never received a letter from Fannie Mae and upon writing my servicer a QWR, and asking them for proof that they are a servicer for Fannie Mae, the servicer has not sent me a letter or agreement showing that Fannie Mae has contracted with my servicer to service my loan.

    Pat, if I owed you some money, and you told me so and so company was authorized to collect the money for you, would you not send me your agreement with the person you authorized to collect for you? That makes it legit. And I have every right to see the agreement that so and so can collect for you, that way I know the money gets to you, no matter what you give the collector for performing his service for you.

  46. […] Livinglies’s Weblog Filed Under: Foreclosure Law News, Foreclosure News Tagged With: crisis, foreclosure, […]

  47. Pat, I think you have a point, but as you say, none of this is set in stone and it is all arguable. So I plan to argue! And I don’t mean argue with you, I mean in court… I think the NY judge Grossman (I think) said that MERS can’t be both principal and agent.

    No matter how one goes at it, MERS is a straw man and won’t be around much longer. It will eventually be litigated out of existence.

  48. zunenrtth,

    Again, it depends upon whether under State Law, that MERS is in an agency relationship with lenders. If such a relationship exists, then courts and the OCC tend to recognize the relationship.

    This too will be sorted out at the Federal Level, likely through legislation.

    Also,

    10k filings do not generally mean that the trust has been vacated or terminated. 10k’s are generally used to simply terminate the filing of 8k’s. It does not mean that there are no loans in the trust.

    If New York Trust Law is all persuasive, then why has only one lawsuit been filed alleging that Trust Law was violated and that the loans were never legally in the Trust?

    If NY Trust Law was so strong, all other investor attorneys would be using it to demand repurchase of the loans. Instead, they argue Reps and Warranties, which is much harder to prove, and requires the loan files, which the lenders are not providing. If it was about NY Trust Law, then one only need to get assignments to prove that the law was violated.

    Of course, one can argue that the law firms do not have a clue, but these are very well known firms, so I suspect that they know something that we don’t know.

    People,

    None of this stuff is easy, or written in gold. There are issues with UCC Code, State Laws, and Federal Regulations that all come into play. Much of the time, they are contradictory, and confusing. This results in no clear cut manner to rule.

    The reality is that this will play out with some type of compromise. That compromise WILL NOT result in the destruction of the banks, or clouded titles on every home. If one is advocating for that, then the person is asking for the complete financial destruction of the US.

    You think that the Depression was bad, then the Depression would be paradise to what would occur.

    “Be careful of what you seek, you may just get it.”

  49. Carie,

    The documents filed on the SEC website are not the final documents. If you are using that as a source, then you have problems.

    BTW, you get the documents through discovery, that is the signed and executed documents. But, if you are a third party beneficiary, that may be a problem.

    As to following the PSA, it depends upon the exact wording, and taking into account UCC and other issues.

    The only way all of this will sort out is through the US Supreme Court, or through legislative action.

  50. Cubed

    2937 refers to servicing, not assignments. When servicers are changed, the homeowner is notified because they must know where to send payments.

  51. Off topic a bit, but Matt Weidner’s site is off line. He just changed his website, with a updated format and it’s been offline for hours now.
    Hackers? NWO attack? Did not pay Go Daddy?
    I need my fix of Weidner!

  52. The problem is, Pat, that when nothing was followed correclty in accordance with the PSA, they simply can’t say some of it is binding and some is not. If the loan was paid for by the trust, but the seller did not transfer and endorse the Note and Deed pusuant to the PSA, then the whole deal is flawed.

    MERS is a lazy a$$ way for them to get away with anything and not have to prove such. The issue at hand here is to attack the validity of the trust. That is why investors are winning!

    It is only a matter of time before the true light shines, and when it does, I sure would not want to be MERS, the Banksters, or anyone affiliated with them. The time is drawing near!

  53. SINCE WHEN IS MERS A LAWMAKER? JUST BECAUSE THEY SAY SO DOES NOT MAKE ANY POLICY THE LAW. ONLY OUR JUDICIAL SYSTEM AND GOVERNMENT REPS CAN BE POLICY LAW MAKERS.

  54. carie, many of the loan pools ARE empty. They have been extinguished, written off, sold off as NPL’s or sold in bulk to hedge funds/3rd party debt collectors. If you’re on the secinfo.com website, you can find “owner relationships”, and sometimes the loan schedules will appear in one of those trusts. no guarantees.

  55. In the meantime, certain bk filers may strip 2nd mortgages and bk filers who own property which is not their primary residence may also
    bifurcate the 1st mortgage. This means if 500k is owed on the 1st mortgage on a property valued at 300k, the 300k survives as secured debt. The other 200k moves over to the debtor’s unsecured debt column and is paid like any other unsecured debt thru the bk plan.
    Best to get advice of counsel on this one, altho stripping of 2nds is done routinely. Adding to unsecured detb amount in the bk (undersecured portion of 1st mortgage) could put one over the debt limit for unsecured debt in your C-13 plan.
    Here is a link to a mtn to strip the second and bifurcate the 1st:

    http://www.scribd.com/doc/60902229/Motion-to-Strip-2nd-and-Bifurcate-1st-Mortgage

    The alleged holder of the second did not respond, likely in recognition that stripping of its second as wholey unsecured is a matter of law.
    The holder of the first responded only with an appraisal which valued the property at 1200 dollars higher than the debtor. If a debtor lists a certain value of a property on a bk schedule, the ‘lender’ may file a mtn to value collateral if it disagrees with that value. If they don’t do that within a prescribed period of time (30 days? 45 days? I forget), the value asserted by the debtor in the schedule becomes “the law of the case” aka what it is.

  56. i am going through some mers nonsense right now. i filed a claim with my title insurer because of the following that happened before i bought my home and was overlooked in my title exam:

    – in 2002 lender A originated the (mers) mortgage to the previous owners of my home, and immediately assigned it and the note to lender B.

    – the assignment from lender A to lender B did not name or carry MERS with it.

    -apparently sometime in 2003 lender B sold the note, in blank, to Lender c, but made no assignment of mortgage because they assumed it was still in the name of MERS. it wasnt.

    – when the mortgage was discharged in 2006, MERS discharged it on behalf of lender A, who hadnt held either the note or mortgage for well over 4 years. oddly, the discharge was signed by employees of lender C, claiming to be assistant vice presidents of MERS.

    i filed a claim, and the title insurer first told me that MERS was always the mortgagee and can discharge it on behalf of the original lender. they stated that an assignment to a new lender doesnt have to name MERS. lie # 1

    lie #2, the title insurer stated first lender invalidly assigned the obligation to the second, therefore mers was still the mortgagee of record

    lie #3 they stated lender b assigned the mortgage to MERS validly while the note was conveyed in blankk to lender B, and the evidence exists in an assignment made in 2011 (oddly while my claim was being investigated) that showed an assignment from lender B to MERS.

    my claim all along was that lender A needed to name MERS in the assignment to lender B otherwise mers was out of the picture. the title insurer says this isnt so and MERS is always the mortgagee. they also stated that because MERS didnt assign the mortgage to lender B, the assignment is invalid. they told me point blank the lender has no right to assign the mortgage, only MERS does.

    can you believe this bullsh@#?

    i live in massachusetts and the lender can assign the mortge when doing so at or near origination, which is what happened.

    it also strikes me as odd that lenders would give this absolute power over to MERS and deny themselves any right to sell the debt they are owed without the permission of MERS. this is absolute nonsense.

    the title insurers are resorting to lies and trickery just like the banks to avoid liability. i have a clear cut case of clouded title and the title insurer is saying anything and everything it can to give MERS legitimacy when it has none. they have the gall to lie to their insured because they also have a stake in MERS as shareholders.

    the people who are really screwed when it comes to mers title issues are the title insurers.

    they will never admit MERS did anything wrong because when they do they lose on both ends. they have an obvious conflict of interest as a shareholder of MERS and insuring your title. there is no way they can impartially investigate a claim when MERS is involved. they shouldnt be insuring MERS titles because of this conflict. they willtell you the title is clear when it is not, and if you dont have owners title insurance you are the one left holding the bag.

    disgusting, appalling and unbelievable all in one.

  57. Pat,

    California Civil Code 2937:

    a) The Legislature hereby finds and declares that borrowers
    or subsequent obligors have the right to know when a person holding a
    promissory note, bond, or other instrument transfers servicing of
    the indebtedness secured by a mortgage or deed of trust on real
    property containing one to four residential units located in this
    state. The Legislature also finds that notification to the borrower
    or subsequent obligor of the transfer may protect the borrower or
    subsequent obligor from fraudulent business practices and may ensure
    timely payments.

    “when a person holding a promissory note”

    So holder sends the mortgagor a letter saying Joe Blow LLC Servicing is now servicing your mortgage.

    So if your servicer says you have a Fannie Mae loan, have you ever received a letter from Fannie Mae stating who the servicer is?

  58. Pat—speaking of a PSA—which MUST be followed to the T—mine has NO mortgage loan schedule—how do you explain that away???

  59. Yes, but MERS isn’t ever the beneficiary/mortgagee by definition. They didn’t loan money, weren’t due payments, and don’t take the property in a foreclosure. That is not a beneficiary/mortgagee in any sense of those words. The security instruments that say MERS is beneficiary/mortgagee are therefore fraudulent ab initio. In my non-attorney opinion.

    Essentially, when the pretender lenders named MERS instead of themselves as beneficiary/mortgagee, those lenders gave away their liens to MERS, which is a computer database, and not a very accurate one at that. So all MERS mortgages/deeds of trust are supposedly “for the benefit of” a set of ones and zeroes. Welcome to the machine.

  60. Under UCC Code, Article 3, simply endorsing the Note in blank and handing it to another person is a lawful transfer of a Note. Using this argument and Longhan, the Deed went with the Note. ( Most states adopted UCC Code in its entirety as their own UCC codes)

    Now, there is no law, at least in CA, that an Assignment be recorded, until foreclosure is being executed. Then 2932.5 requires a recorded assignment to the beneficiary, as long as it is recorded prior to the actual trustee sale.

    In PSA’s, there is language that asserts that MERS will remain the recorded beneficiary, or “nominee”, provided that state law allows for same. On when it is absolutely required, as in a foreclosure, that MERS would then assign the deed to the beneficiary.

    Different states will have different interpretations, dependent upon the state statutes. That is why there is so much confusion.

  61. The new MERS policy is still flawed–It says that the security instrument must be assigned and mentions nothing about the Note. Per Carpenter v. Longan, an assignment of the security instrument alone is a nullity

    In other words, the shell game continues. What they are trying to do is make the Note follow the mortgage, rather than the other–and proper–way around. Again, the US Sup. Ct. has ruled that the security instrument is nothing without the Note. The security instrument is but an incident to the Note. Therefore, no matter when MERS assigns the security instrument, said assignment is still a nullity.

  62. I still don’t understand how MERS was EVER allowed to be… They created it out of thin air—how were they able to do this??? Why weren’t they stopped??? Someone somewhere had to approve it—who did????

  63. Neil ,

    I would like to insert myself into a handful of foreclosure fights in my neighborhood , mainly second homes or instances where the owner has decided to not fight (namely just gave up trying to get a short sale approved and abandoned the house to move for another job)… Is there any way to get myself in a position where I could end up with the property even if I can only gain by renting it for a few years? (better me than the pretender) I can identify good candidates from the lenders colatteral files ,, OOne/WF within xx miles of me and determine the owners from public records filed on the corresponding dates with matching zip codes and dollar amounts..

    Any fighting back is good fighting back , slows the process for everyone..

  64. I’ve said it before ,, this must be fixed in a way that everyone sees as equitable , I have land in an asian country where the Japanese destroyed most of the land records during WW2 … here we are 70 years later and it’s still screwing that country up.. The banks are responsible ,, F them ,, they should fix their mess and go out of business,,, It’s not only the right thing to do .. in the long run it’s the least expensive option.

  65. The purpose of this advisory is obviously to ensure that all assignments are executed prior to initiating foreclosure actions, whether in judicial or non-judicial foreclosure states. Nothing else can be drawn or interpreted from it.

    The “legality” of MERS is primarily an issue of whether under State Law, MERS has a lawful agency relationship with lenders and other entities. If under State Law there is an agency relationship, then MERS actions are lawful, provided that there are no “forgery” issues, nor “affidavit” issues whereby the signing person had no actual knowledge of the event.

    In CA, as in many other states, MERS has been generally found to have a lawful agency relationship, so most foreclosures involving MERS are not an issue. Only in special cases can such arguments be raised.

    Other states, like New York, there appears to be significant issues as to the agency relationship of MERS and lenders. Even then, this is subject to “question” because many courts still allow for MERS actions.

    In states like Michigan, where Fannie is requiring many foreclosures to be “unwound” and “restarted”, the issue with MERS lies in very specific” statutes that require a vested interest in the Note, for the foreclosing party to act. MERS would not have that interest, so they could not be the foreclosing party. However, it does not make MERS unlawful.

    The OCC issued a Consent Decree against MERS. The Decree essentially meant that the government viewed MERS actions as lawful, unless state specific statutes apply.

  66. What if they signed as VP and Certifying Official?
    Please Help
    Wisconsonite

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