MASS AG —NO AMNESTY FOR BANKS—PROBES INTO MERS AND MERS MEMBERS

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ALMOST ALL AG’S ARE GRANTING AMNESTY TO THE BANKS

EDITORIAL NOTE: MASSACHUSETTS’ AG COAKLEY LOOKS LIKE THE ONLY AG IN THE COUNTRY TO USE REALITY AS A FRAME OF REFERENCE. Each day , each week, and each month the revelations, decisions, judgments and investigations drill down deeper into the morass that Wall Street created. It’s about time that someone actually took the offensive. Let’s hope nobody steps on her the way they stepped on others who were ready willing and able to bring the banks down on their knees and then were ordered to stop.

Martha Coakley might be the last person in government anywhere that is (a) not intimidated by the Wall Street Banks and (b) very interested in the political outcome of bringing the Banks to justice. Those who oppose her do so at their own peril.

First, finding a person out of government and not in the financial services industry who favors leniency for the Banks is a most daunting task. I’d rather search for the proverbial needle in the haystack. So as she digs deeper and draws blood, she will grow immensely in popularity, which will reflect badly on people who opposed her efforts.

Second, anyone who conspired with Wall Street might be criminally or civilly liable thus losing their job, money and liberty all in one fell swoop. Stepping up now to defend Wall Street Banks would reveal ties that for the sake of the politicians so inclined, should not be revealed.

Third, the situation in the courts and in the court of public opinion has gone too far already. It can’t be stopped. The effort to hold America hostage using the purse strings as a garrote will collapse bringing thousands of people down with the Wall Street Banks.

More than 800 people went to jail in what was then seen as an enormous S&L scandal in the 1980’s, of which McCain was one of the Keating 5 (nobody wants to remember those guys). This time the situation is far more dire and when the prosecutions start (and they will) there will be thousands spending their time confined to a small cell. The race is on — government investigators are actively looking for those people who know enough to be valuable witnesses and who will testify in exchange for immunity. Faced with 25 years in prison, incurring the wrath and disdain of their peers will likely not sway them from cooperating with these investigations.

Martha Coakley is leading the way and in so doing setting a new paradigm in American politics. It might not be apparent for those arrogant fools in Washington or state houses now, but they will be injuring each other later as they try to jump on the band wagon rolling out to the next town.

Coakley steps up probe into foreclosure fraud

Virginia-based firm is focus of new action

By Jenifer B. McKimGlobe Staff / July 26, 2011

Massachusetts Attorney General Martha Coakley is beefing up her investigation into foreclosure fraud, targeting a powerful lender-created company in Virginia that claims to be the official owner of tens of millions of mortgages nationwide.

Yesterday, Coakley said she will ask county registers to provide information to see if Mortgage Electronic Registration Systems Inc., known as MERS, is violating Massachusetts laws related to property seizures. She is concerned that MERS failed to pay government fees as well as “impaired the integrity’’ of the state recording system by failing to document loan transfers.

Coakley also said she would not agree to releasing MERS from any liability in talks between government regulators and large banks to settle allegations of sloppy and fraudulent mortgage-related practices. State and federal regulators launched the probe last year after some bank representatives, now known as “robosigners,’’ admitted to signing thousands of mortgage-related legal documents without accurately reviewing them.

“We want to be clear we are not prepared to give a release of liability on any broad scope of MERS issues,’’ she said. “We intend to complete the investigation.’’

Coakley joins a growing number of real estate attorneys, judges, and consumer advocates voicing concerns about MERS, a company created in the 1990s by major US lenders to reduce paperwork and save money.

The company oversees a database of 32 million active mortgages, about 60 percent of the loans in the United States. Because it purports to be the legal owner of loans in its database, company officials say they don’t need to record every loan transfer between investors in a county registry of deeds.

Janis L. Smith, vice president of corporate communications for MERS, said the company will cooperate with the probe. “The use of MERS has been litigated in Massachusetts courts, and judges have upheld the legality of the MERS business model in the commonwealth,’’ she said.

Coakley spoke yesterday after releasing a letter she sent to the Massachusetts Registers of Deeds Association. She agreed to meet with the association to discuss foreclosure-related issues, including “MERS, the filing of false or misleading documents with registries, and other matters.’’ She set a meeting for Aug. 11.

The association contacted Coakley after issues were brought up by John L. O’Brien, register of deeds for the Southern Essex District Registry of Deeds in Salem. In June, O’Brien called his office a “crime scene’’ after releasing an audit alleging that hundreds of mortgage-related documents were invalid or fraudulent.

Last year, O’ Brien asked Coakley to investigate MERS, saying that the company owes Essex County more than $22 million because it failed to record mortgage transfers locally, thus bypassing a $75 fee per transaction.

O’Brien said he was thrilled to hear that Coakley was intensifying her investigation.

“Today she sends a message loud and clear. At least public officials in Massachusetts are going to hold them accountable for their actions,’’ he said. “It’s a great day for consumers and everyone in the state.’’

Jenifer B. McKim can be reached at jmckim@globe.com.

26 Responses

  1. Jessica,
    Sorry just saw your question. Yes MERS MEMBER ID below.

    Claim they are not eRegistry or eDelivery participants. The settlement & title agents and attorneys will utilize resources such as eLynx and TD Services dba TD Escrow Services and LPS and MERS and ….

    REMN – MERS MEMBER ID:
    Corporate Name: Real Estate Mortgage Network, Inc.
    Address: 70 Grand Avenue Suite 109
    City,State,Zip: River Edge, NJ 07661
    Toll Free Number: (800) 386-3791
    Direct Number: (201) 498-9300
    Fax Number: (201) 498-9331
    Primary Contact: Eric Hahn
    Website: http://www.remn.com
    Member Org ID: 1002882
    Lines Of Business: Originator, Servicer, Subservicer, Investor, Document Custodian
    eRegistry Participant: No
    eDelivery Participant: No

    From Linkedin:
    One of REMN’s many strengths is our business-line diversification. More than 600 associates work in three divisions – Consumer Direct, Retail and Wholesale – allowing us to reach referral sources and customers through multiple outlets. Privately held. Company size 501-1000 employees.Industry Financial Services.

    REMN offers a diverse line of mortgage solutions, including Conventional, FHA, VA and Jumbo options with fixed and adjustable rates. And, we have useful niche products such as the FHA 203(k), Energy Efficient Mortgage and REMN Home Fixer.

    From Website:
    Real Estate Mortgage Network, Inc.
    Domestic Business Entity 0100492504
    Real Estate Mortgage Network Holding LLC 060018922
    Business Entity Search NJ – you can get copy of Corporate Certifications and attestations from Secretary of State, NJ Department of Treasury

    Founded in 1989 and headquartered in River Edge, N.J.,

    Real Estate Mortgage Network, Inc. serves the lending needs of home buyers and home owners, real estate professionals and builders across the country. .

    REMN has raised more than $30 million to pursue increased market share through key strategic initiatives. This involves continued growth through building our sales force, launching innovative marketing programs and investing in company-wide technology upgrades.

    REMN is a national direct mortgage lender that attributes its success to strong relationships with Realtor and builder partnerships, as well as a knowledgeable sales force who builds business through referrals and repeat customers.

    One of REMN’s many strengths is our business-line diversification. More than 600 associates work in three divisions – Consumer Direct, Retail and Wholesale – allowing us to reach referral sources and customers through multiple outlets.

    In 2009, REMN entities funded in excess of $3.5 billion. The Company has issued more than $600 million in GNMA and FNMA securities. This gives us a competitive advantage in product diversification. What’s more, REMN currently has four warehouse lines with four of the country’s top warehouse institutions.

    Real Estate Mortgage Network, Inc. serves the lending needs of home buyers and home owners, real estate professionals and builders across the country. Our associates are passionate about fulfilling the American Dream and realize they are the key to unlocking the mortgage process.

    This list is not inclusive of all states where REMN may lend. REMN is required to make the following disclosures by its regulatory authorities located in the applicable states. Not all states require such disclosures and information is subject to change without notice.

    Company NMLS ID #6521
    Alabama Consumer Credit License 2107
    Arkansas Mortgage Banker License
    California – DOC Residential Mortgage Lending Act License 4130749
    Colorado Mortgage Company Registration
    Connecticut Mortgage Lender License 10642
    Delaware Chapter 22 Licensed Lender 11772
    District of Columbia Mortgage Dual Authority License MLB6521
    Florida Mortgage Lender License ML100000179
    Georgia Mortgage Lender License 22495
    Illinois Residential Mortgage License MB.6760732
    Indiana-DFI First Lien Mortgage Lending License 15700
    Iowa Mortgage Banker License 2006-0328
    Kentucky Mortgage Company License MC76089
    Louisiana Residential Mortgage Lending License
    Maine Supervised Lender License SLM11915
    Maryland Mortgage Lender License 12402
    Michigan 1st Mortgage Broker/Lender/Servicer Registrant
    Missouri Residential Mortgage Loan Broker License 10-1956-A
    New Hampshire Mortgage Banker License 16429-MB
    New Jersey Residential Mortgage Lender License 9200151
    New Mexico Mortgage Loan Company License 2315
    New York Mortgage Banker License B500691
    North Carolina Mortgage Lender License L-121619
    Ohio Mortgage Broker Act Mortgage Banker Exemption MBMB.850046.000
    Oregon Mortgage Lending License ML-3566
    Pennsylvania Mortgage Lender License 20394
    South Carolina-BFI Mortgage Lender / Servicer License MLS – 6521
    Tennessee Mortgage License 3010
    Texas – SML Mortgage Banker Registration
    Vermont Lender License 6093
    Virginia Lender/Broker License MC-3046
    Washington Consumer Loan Company License CL-6521
    West Virginia Mortgage Lender License ML-23522
    Wisconsin Mortgage Banker License 38349BA

    We are a full service mortgage banker with a wide variety of mortgage solutions. Life is not one size fits all, so your mortgage shouldn’t be either. Your Mortgage Loan Originator will offer you a mortgage solution tailored to meet your unique needs at a competitive rate, not just the latest trend in home financing.

    REMN’s Product Line Includes:

    Conventional, FHA and VA Mortgages
    Fixed and Adjustable Rates
    USDA 100% Financing
    Reverse Mortgages
    A home mortgage is generally the largest financial transaction you’ll make, so it’s important to make the right decisions and to keep an eye on the details. With the assistance of your Mortgage Loan Originator, closing a loan with Real Estate Mortgage Network, Inc. will be an efficient, pleasant and ultimately rewarding experience.

  2. National eNote Registry Requirements Document available on Google.com search for MERS eRegistry

    Read for yourself accurate data facts not opinions and interpretations of third parties. Business documents valid as federal civil evidence considered to be true..
    Google eRegistry and click on eRegisry MERS. Review Current Information on Lenders and Investors (COUNTER) of participants very informative.

    “Proven Risk intelligence for Lenders and Investors – interthinx”

    The MERS® eRegistry is a system of record that identifies the owner (Controller) and custodian (Location) for registered eNotes, providing greater liquidity, transferability and security for lenders.

    It will reduce risk and generate more profits for lenders because the Notes registered on it will be in electronic format.

    It shortens the timeframe between the closing and the securitization of the loan, enabling the Note to move instantly, creating faster funding.

    National eNote Registry Requirements Document Defines
    the concepts of operation, key assumptions and terms, and high level business requirements for a national eNote registry.
    1.0 03/07/2003
    Excerpts from publication:

    Process Flows (initial registration, transfer of control, liquidation).

    Reveals National eNote Registry.
    Broker (eNote) to Lender/Servicer
    eNote Interim Note Holder to
    eNote to Note Holder

    eCustody Flow diagram as moves through/to

    eCustodian A — eCustodian B —- eCustodian C

    Beneficial Rights:
    Ownership rights to the future cash flows of the eNote; the transfer of control of the TR evidences transfer of beneficial rights

    Authenticate:
    The process of identifying an individual or entity usually based on a user name and password, but can also require the use of a token. In the case of the eNote, authentication is accomplished by validating a unique loan level identifier combined with certain cross-referencing data (e.g. Note Amount, Borrower Name, Street Address, etc.

    Authentication in systems is distinct from authorization, which grants individuals or entities access to system objects based on their identity.

    Certificate Authority (CA):
    A trusted third-party organization or company approved by the investor that issues Digital Certificates used to create digital signatures and public-private
    key pairs.

    The role of the CA in this process is to guarantee that the individual granted the unique certificate is, in fact, who he or she claims to be. Usually, this means that the CA has an arrangement with a financial institution, such as a mortgage company, which provides it with information to confirm an individual’s claimed identity.

    Confirm: To give approval to by a confirmation transaction.

    The key distinction with Verify is that the event is not finalized until the recipient initiates and the National Registry accepts
    the confirmation transaction to make the event final.
    Control: With eNotes, control over the Transferable Record replaces the notion of possession and endorsement in the paper analog for purposes of establishing the “holder in
    due course” status.

    eCustodian:
    A legal fiduciary designated by a Controller to administer the Controllers’ eNotes on its behalf in an eVault.

    eNote: The electronic promissory note. For this eNote to be negotiable and transferable, it must be clearly labeled the Authoritative Copy of the electronic promissory note.

    MIN (Mortgage Identification Number):
    The industry standard, unique loan numbering system maintained by Mortgage Electronic Registration Systems, Inc. (MERS).

    Note Holder:
    The investor or institution that is intended to be the permanent holder (i.e.controller) of the eNote Originator/Seller: The organization that originates an eNote and sells it to the Interim Note Holder or Note Holder

    Paid-Off: Payor has satisfied all of his or her contractual obligations under the eNote

    Registrar:
    An entity that submits an eNote to the National Registry to be registered Servicer: The party with contractual responsibility to collect payments on behalf of the Note Holder

    Servicing Rights:
    The contractual rights that can be sold in the secondary market to collect payments on behalf of the Note Holder
    Transferor: The entity that initiates a transfer to another entity
    Transferee: The entity that receives a transfer from another entity
    Transferable Record (TR): An eNote issued in accordance with the provisions of Section 16 of the UETA and Title II of E-SIGN

    Trusted Third Party:
    An entity other than the Note Holder or Servicer that is in the business of providing services intended to enhance (i) the trustworthiness of the process for
    signing electronic records using an electronic signature, or (ii) the integrity and reliability of the signed electronic records
    UETA: Uniform Electronic Transactions Act

    1st Document the foundation of the eNotes.

    Paper vs. Electronic Note Power Point presentation of the results of a study on the impact of eNotes on mortgage processes 1 06/30/2004

    Costs and Benefits of an eNote Summary of eNote cost/benefit discussions from seven perspectives: Investor, Lender, etc. 1.0 08/19/2004

    MERS eRegistry Legal Opinion Full text of the legal opinion of Covington & Burling on the legal validity of the MERS eRegistry. 1 10/21/2004

  3. Ah nice! For those who have Bend over America as your pretender, you may want to check this out!

    Especially page 15 and 16 as listed in left column. They admit having issues!

    http://services.corporate-ir.net/SEC.Enhanced/SecCapsule.aspx?c=71595&fid=7405952

    Keep up the fight!

  4. @carie or anyone who knows

    Carie stated that the MIN# is on the Deed of Trust and the Promissory note. Is the MIN# suppose to be on both? My DOT has the MIN# but none on the Promissory note. However, on the Endorsement Allonge to Note there may be a MIN#–it is redacted so hard to tell if it is a MIN#.

    Carie also mentioned the loan numbers being different from loan papers to present servicer. Wouldn’t they change eventually from servicer to servicer to servicer to conform to their own systems? Does the change in loan numbers mean anything significant? Thanks.

  5. @ Nancy, can you tell me what bank belongs to the following Min. #

    The first seven digits are: 1002882. If you do not know, please advise where I might look for that info. Thank you.

  6. @dan-o – there’s surely a faster way, but you can always work backwards from a known lender to their number by going to https://www.mers-servicerid.org/sis/

  7. @dan-o—There’s a MIN # on the top right first page of the Promissory Note, and on the right side of the first page of the Deed Of Trust. And big surprise—the loan number on those documents is NOT the same loan number as your current statement from the servicer/debt collector…

  8. dan-o
    Not all listed but you can look up a-z and 0-9

    www mersonline.org mers mbsearch mbsearch.htm

  9. heres a question, how do you find out what a lenders min# is?.

  10. Marie- MERS is only ‘one’ piece of the integrated nationwide network that every Consumer as a borrower ‘common denominator’ the title & settlement agent’ responsible for escrow funding net deposit at retail.

  11. Marie, if you don’t have MERS on the ‘mortgage’ the transactions at retail beloned to shareowners but know that every transaction are tracked and MERS is only one part of the ‘cloud’ if you will.

  12. 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.

  13. http://www.youtube.com/watch?v=lXxulJnwrzw

    Keep on telling the truth
    you are NEVER alone…..

  14. Here is my letter to Martha: Everyone who visits here should send a letter to their AG. Do not be afraid, united we stand, divided we will surely fall.

    Office of Attorney General Martha Coakley
    One Ashburton Place
    Boston, MA 02108 -1518
    Dated: July 27, 2011
    ________________________________________
    RE: Fraudulent Assignment of Mortgage/ Do Not Settle With the Banks
    ________________________________________
    Dear Attorney General Coakley:
    I am writing to you in regards to the ongoing settlement discussions with the Banks. I implore you not to settle with the banks for a few Billion when they stole Trillions. 20 or 30 Billion pales in comparison to what they have equitably divested from the homeowner throughout this Nation.
    The leaks coming out that the Banks might by absolved for their wrongdoings and might be granted a waiver from further litigation would create a serious miscarriage of justice.
    The depths of the criminality of what they have done are staggering. I had previously offered up my assistance along with a group of knowledgeable people to fill in the blanks for you, no one has taken up our offer; it still stands.
    I have included herewith prima facia evidence that my purported Loan never made it into the trust that it was purportedly included; a Milestone Report from MERS and a recent Assignment of Mortgage from MERS to Bank of New York Mellon (BONY) recorded in the Essex County Registry of Deeds. These two documents would be unremarkable but for the fact that these assignments were mandated by law to take place in 2004 when my loan was securitized. However, the transfer took place one day after a federal judge denied Bank of America’s motion to dismiss in my case.
    Judge O’Toole’s Opinion and Order was released on December 16, 2010 and on the 17th, they created this fraudulent transfer which is really a sale of the mortgage per MERS Rules.
    In the Milestone report you will notice two entries, one on December 3, 2004 were the loan was merely registered, and on December 17, 2010 where there was an Option 2 Beneficial Rights Transfer from BAC to BONY; A Transfer which was mandated to take place in 2004.
    The Assignment to BONY from MERS which was created on June 30, 2011 and recorded on July 13, 2011 is a fraudulent assignment; this is a crime in this state. The assignment was generated at the request of Bank of America and created by an outside agency named CoreLogic.
    Pursuant to M.G.L. c. 233 § 78, the business records stand as is from whence a lawsuit has been filed, (I filed mine on May 13, 2010) to record this document violates that statue and the Acts of 2010, Chapter 258, an Act Relative to Foreclosures, amending inter alia, G.L. c. 266 §§ 33, 34, and 35A.
    Pursuant to New York State Law and the Pooling and Servicing Agreement for the Pool in which my loan was purportedly include, all these transfers and assignments were required by law to take place on the closing date.
    These transfers clearly indicate two things: 1) the Trust never legally owned the note and mortgage and 2) because securities were created based on a loan they never had, it amounts to securities fraud and the biggest Ponzi scheme ever perpetrated in the annals of American history.
    My case is not an isolated incident, this is pervasive nation-wide and industry-wide and all these Pools are empty. The Key word is Mortgage; Mortgage Backed Securities and these securities are backed by nothing because the Trust never owned any of them.
    Once again, I implore you not to settle and to convince the 49 other AG’s not to settle. Let me ask you a question, who is MERS to circumvent our State Laws. Their mere existence flies in the face of our recording law and our protected property rights. How does MERS trump our laws?
    MERS is an Illegal Entity set up by the Banks to control their Ponzi scheme and to hind from the public view what really transpires behind the walls of that fortress. No one can access what would normally be assessable at any Registry of Deeds in this State prior to MERS.
    All the Judges in New York are of the same consensus, the title problems created by the existence of MERS and the Ponzi scheme that is the securitization of mortgage backed securities will take 67 years to sort out. This is a travesty and to allow these entities a free pass for a fraction of what they stole would be a further miscarriage of justice and would further harm the citizens of this State.
    The conservative estimate is that there were 50 Trillion in actual cash value in mortgages around the globe, and in their scheme, Wall Street and the largest lenders in this Nation created 600 Trillion in certificates, which leaves us with a 550 trillion dollar deficit as it relates to the residential mortgage market. Follow the money and you will find the true criminal. Where is the money? Did it all trickle up to the central bank?
    I do not have the wherewithal to take on the entire system but with the help of people like me, you could effect a serious correction and help restore some of the equity that was stolen from us.
    I checked the State pension plan and it would seem the State is pretty well steeped in worthless securities; Billions. A few of the entities that are involved with the 8.5 Billion settlement talks with Bank of America are referenced in the financial statement for the pension plan; Blackrock, PIMCO just to name a few. If you look at the October 18, 2010 letter the investors sent to BONY and BOA, my purported Trust is included. CWMBS CHL Pass Through Certificate 2004-29. It is empty and the State owns some of that Pool; see In RE Kemp, were an attorney for the bank admitted it was common practice not to deliver the notes and mortgages to the trustee for the benefit of the Certificate holders, and that would be our state pension plan.
    You really need look no further than the SEC. Go to the Edgar search, type in Countrywide, pull up Countrywide Inc., then in the search bar for docs, type in S-3 and a wealth of knowledge will be at your disposal. All the contracts between the sellers, originators, trustees and the master servicer are there for the world to see. The most important thing you will find is the language in the securities registration; these trusts are Common Law Trust created under the laws of the state of New York.
    If you would like to talk to me, feel free to call. I am just an uneducated carpenter fighting the machinery and could use all the help I can get, if you were to settle with these criminals, it would make the fight that much harder for the average citizen.
    I am a veracious investigator and have read thousands of documents and cases as it relates to this mess and the only conclusion I come up with is that this is fraud; when the borrower sat down at the table, it was fraud in the factum and fraud in the inducement whereas, the criminals knew that they were going to securitize these loans, that fact was never disclosed to any borrower, it was never disclosed that the borrowers loan payment were never going to go to their specific loan but would be spread out among thousands of loans some in default. That there were undisclosed third party co-obligators injected prior to and after the loan was consummated thereby changing the terms of the contract. Whether or not the borrower paid their mortgage payment, the master servicer had a duty to pay the payments and there could never be a default. The list goes on and on.

    Respectfully

    _________________________________
    Robert

  15. Dan-O and Marilyn Lane

    Thanks for your responses

    I’m an Option One originator type, with option one as beneficiary on the dot. Everything went swimmingly until Ahmsi took over as servicer in 2008 2009 they started making demands for junk fees, duplicate insurance etc. They filed an assignment from AHMSI ad “successor in interest” to option one assigning to Deutsche Bank as trustee blah blah. Based on what I’ve learned here a servicer would never be a party in interest. Nonjudicial fc ensued. I’ve never seen anything buy a copy of the alleged note pursuant to my qwr Their response was full of errors and misstatements.

    Wondering about the cease and desist order because lps was supposed to correct bad assignments. Which has not happened in my case. Obviously

    Thanks for anyones info on this

  16. Pay attention Pam Bondi, Martha’s got it right.

  17. “Martha Coakley might be the last person in government anywhere that is (a) not intimidated by the Wall Street Banks and (b) very interested in the political outcome of bringing the Banks to justice.” What about Eric Schneiderman in NY?

  18. Resistance is victory! Keep pushing! O’Brien is the msn!

  19. THANK YOU MARTHA ! You are going to help bring the word HOME back into Massachusetts. Also Thank You to the many hours of Marie McDonnell in her ground breaking audit of Mr. O’Brien’s registry. She is a true crusader!

  20. If everyone printed this letter and sent it to your local newspapers and state AG’s asking where is our probe or some such thing, it would be nice:

    http://cache.boston.com/stuff/2011/07/25/regsltr7-25-11.pdf

  21. to Marie

    I think if you are not included in restitution for what was illegally stolen from you, I would start looking at “fraud against the Court issues.” When it involves an officier of the court or an attorney who played apart in the scheme, it is fraud against the court.

    Aren’t you the one who was scammed by a connection to a title company – Fidelity National Title. ?

    The facts of my case were different but it also involves the Fraud perpertrated by two title attorneys, one from Fidelity National Title and one from a company called Coronet Title.

    You too have to keep fighting.

  22. @marie – if mers isnt your original mortgagee or mortgagee by assignment, then odds are you loan was never securitized. check your land records and see if mers became mortgagee by assignment. if not, im not quite sure what you say your a victim of?

  23. everyone in massachusetts owes john obrien a thank you. if he didnt make the stink he did, including getting the audit done, i dont think this wouldnt be happening. im pretty sure coakley wouldve joined the rest of the sheep looking to limit the banks liability and sweep it under the rug. thats how government works. if enough people make some noise they tend to listen. apparently we now have her ear. speak up everyone! believe it or not, its begun! the scammers are in for it if we keep making waves.

  24. I’d vote for her for President. She has a picture of a dog in the background. She gets my vote.

  25. thanks Neil for posting this.

    Don’t forget to read this letter:

    http://cache.boston.com/stuff/2011/07/25/regsltr7-25-11.pdf

  26. What of those of us who don’t have MERS on our documents. Were the forgotten victims

    Also does anyone know what is the status of lps/docx remediation requirements under that recent cease and desist order? I guess their idea of remediation is to foreclose. That’s what they did to me, courtesy of linda green and tywanna Thomas, those esteemed “surrogate signers” on my documents.

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