MERS Trademark Registration Raises Further Questions


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by Ken Dost

The standard language in a Fannie Mae and Freddie Mac Uniform Security Instrument or more commonly known as the ‘Deed of Trust’ that millions upon millions of people signed contains the following:

“MERS” is Mortgage Electronic Registration Systems, Inc. MERS is a separate corporation that is acting solely as nominee for Lender and Lender’s successors and assigns. MERS is the beneficiary under this Security Instrument. MERS is organized and existing under the laws of Delaware, and has an address and telephone number of P.O. Box 2026, Flint, MI 48501-2026, tel. (888) 679-MERS.

The beneficiary of this Security Instrument is MERS (solely as nominee for Lender and Lender’s successors and assigns) and the successors and assigns of MERS. This Security Instrument secures to Lender: (i) the repayment of the Loan, all renewals, extensions and modifications of the Note; and (ii) the performance of Borrower’s covenants and agreements under this Security Instrument and the Note.

Borrower understands and agrees that MERS holds only legal title to the interests granted by Borrower in this Security Interest, but, if necessary to comply with law or custom, MERS (as nominee for Lender and Lender’s successors and assigns) has the right: to exercise any or all of these interests, including, but not limited to, the right to foreclose and sell the Property; and to take any action required of Lender including, but not limited to, releasing and canceling this Security Instrument.

Many of those same millions, either as pro se or with counsel have poured through the language the above text time and again, Scholars have analyzed and dissected it, and the courts have ruled on it. From this researcher and pro se warriors position, it is not the text that is at issue, rather specific representations that have been intentionally concealed that should be primary issue. Adding the representation that is absent, the same passages should be read as follows:

“MERS”® is Mortgage Electronic TRADEMARKED Registration Systems, Inc. MERS® is a separate corporation that is acting solely as nominee for Lender and Lender’s successors and assigns. MERS® is the beneficiary under this Security Instrument. MERS® is organized and existing under the laws of Delaware, and has an address and telephone number of P.O. Box 2026, Flint, MI 48501-2026, tel. (888) 679-MERS.

The beneficiary of this Security Instrument is MERS® (solely as nominee for Lender and Lender’s successors and assigns) and the successors and assigns of MERS®. This Security Instrument secures to Lender: (i) the repayment of the Loan, all renewals, extensions and modifications of the Note; and (ii) the performance of Borrower’s covenants and agreements under this Security Instrument and the Note.

Borrower understands and agrees that MERS® holds only legal title to the interests granted by Borrower in this Security Interest, but, if necessary to comply with law or custom, MERS® (as nominee for Lender and Lender’s successors and assigns) has the right: to exercise any or all of these interests, including, but not limited to, the right to foreclose and sell the Property; and to take any action required of Lender including, but not limited to, releasing and canceling this Security Instrument.

Following the Trademark of MERS® would have led us to the United States Patents and Trademarks Office (‘USTPO’) database, namely the Trademark website.
Curiously though, should you type the words ‘Mortgage Electronic Registration Systems’ or ‘MERS’ in the Assignee/Assignor space, you would be returned an answer of none found. Hmmm, a glitch in the website of labeling or is it something more?

However, enter the words ‘Mortgage Electronic Registration’ opens to a page listing registration number 2084831 Mortgage Electronic Registration Systems, Inc. clicking through brings you to the Trademark Assignment page.,%20INC.
Click the registered number 2084831 link which brings up another page, clicking than either the serial number or registered number, bringing up another page, which you will than click the ‘Trademark Document Retrieval’ link. This brings up the last link in which you will place a check in the ‘Select All’ box, thereafter clicking the ‘Download Pdf’.

As you review the document ask yourself, would you, or for that matter would anyone have ever signed the loan documents. I don’t about anyone else, but we were told upon inquiry, as the closing agent was pushing papers before us in a hurried sort of way, that Mortgage Electronic Registrations System was national database to track loans. The documents recorded in the Trademarks database say a hell of a lot more that. Although not all MERS secrets are revealed in its registration documents it does make clear MERS is deals with the trading of Mortgage Servicing Rights (“MSR”), which is not the same as a mortgage. A Servicers right to payment its fee for passing through loan payments does not qualify anywhere near a mortgage.

What is contained within the MERS registration documents are an issue in itself and worthy of study and research, which I have done for the past couple of years and have quite a bit to write on. But, on the issue of the Trademark representation being what we have to assume is an intentional omission of material fact in the loan documents. “Coke Adds Life” Coca-Cola, absent the representation, Coca-Cola®, is not the same as MERS® misrepresented as MERS. As “Coke Adds Life” MERS ® takes lives away.
Trademarks are distinctive pictures, words, and other symbols or devices used by businesses to identify their goods and services. Trademarks fall under a separate body of law, Trademark Law, regulated by the Lanham Act of 1946 and the Trademark Act (15 U.S.C.A. § 1051). Trademark owners grant to users exclusive rights to their marks, which to a larger degree are spin off products of a patent, but does not necessarily have to be. Trademarks also serves the consuming public in the recognition of products and consumer expectations of consistency in quality in the products it buys with the mark. Additionally, marks reduce consumer confusion in the identification of goods and services, in the case of a Service Mark, which more accurately describes MERS.

MERS Service Mark as it is officially registered states:
Reg. No. 2,084,831
Registered July 29, 1997

1125 15TH STREET, NW

BANKING INDUSTRY, IN CLASS 36 (U.S. CLS. 100, 101 AND 102). FIRST USE 2-1-1996; IN COMMERCE 2-1-1996.
SN 15-031,300, FILED 1-21-1995.

Unfortunately, there is no private right of action under the Lanham Act and Trademark Law which if ever a case materialized it would be on behalf of consumers, meaning a class action suit. Assignments of trademarks are very, very, interesting and worthy of exploring in great detail. Of course, there is the fundamental issue as to omission, and the concealing of implied contracts. All of the above become ever the sweeter for legal exploration the deeper we go, as my friend Vermont would say, ‘down into the rabbit hole.’

We are battling these issues of foreclosure as if they are real property issues, and certainly this absolutely correct. We are heavily engaged against MERS on legal issues of beneficiary, nominee, and legal title holder, and making some progress in some courts, where MERS has been tossed from the court. Than along came the schmuck that was tossed in a room and told to ‘robo-sign’ thousands of documents.

No disrespect is intended over the next few sentences to follow, especially to those who have fought hard in the trenches these past couple of years who have achieved great success. Although in a defensive position, protecting our real property and title, this the battlefield in which we fight is of our choosing, and MERS has happily engage our real property battlefield. It is argued that MERS cannot be the beneficiary, backing it with the latest case law available. The same can goes for issues to beneficiary, and lastly to legal title holder. Like a stupid silly assed kid MERS response is, “because we are the nominee”, we are the beneficiary’, and ‘MERS does hold legal title’. Why, ‘because we do’. This just drives us nuts, as it confounds the legal system and has pissed off more than a judge or two.

What if, MERS is correct and all its nutball claims that they spill upon the court are correct? What if they are everything they claim, they are? …hear me out first before you click this of before you all start going off the rail……What if MERS is simply entertaining our legal arguments on real property issues, if say for reasons to divert our attention from something they do not want us to recognize and might begin to pay attention to. Stated differently, what if MERS is hiding the theft of our sovereignty before our very eyes in plain sight.

What if the first step was the intentional omission of MERS® from the borrower and all of society? What if the second was the industries crafting of public opinion labeling all subprime borrowers as liars, cheats, and thieves, thereby society casting aside borrowers and its empathies. What if MERS is hiding its secrets in plain sight and we are just not seeing it? What if the schmucks that were thrown in a room and told to robo-sign thousands upon thousands of documents had nothing to do with hiding sloppy paperwork, but a desperate attempt to conceal something much more damaging the banksters?

From the level ground where we stand, to the right may be Bank of America, to our left we see Ownit Mortgage, or Option One, or Indymac. Directly in front sits Litton Loan and behind us is First American Corelogic. In looking around MERS is nowhere to be seen, than suddenly before you, the street begins to open and up rises an underground elevator, prominently labeled MERS, and just as quickly as it arises its gone.

The oversimplified point being made is MERS is not a shiny building on the hill, MERS are all the entities before and around you and many, many more private members. The collective members are MERS and MERS is your entry portal and eventual exit portal, it is an electronic clearinghouse. On exit, the fabricated instrument by which you entered at closing, is fabricated again for your expulsion, that is with auction.

Welcome to the machine, an entirely automated underground economy that was secretly built around the turn of the century, dismantling our economy and democracy before our eyes. Doing so under a boasting Congress with the fanfare of Legislative Acts disguised as opportunity while other Legislative Acts quietly slipped past the revelry, but the damaging impact tremendous. Concealing its minion while they worked is MERS, the OCC and others, by late 2005 the automated economy we knew nothing about was fully operational, using Canada and Australia as the hub point to entirely globalize us in less than a year.

27 Responses

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    “I am not a lawyer, and I don’t know legal things; even if I think I do — I don’t.”
    Research governmental agencies exceptions insurance, real estate, banking, e.g., HUD, RESPA, TILA, SEC, FINRA, TRACE, Fannie Mae, Freddie Mac, Federal Home Loan Mortgage Act ‘exception’ Board Removed replaced by OTS and now replaced by FRB System; through which loopholes exits which Goods & Services placed into public domain for consumer consumption, both sales and reciprocal exchange through global unregulated secondary market transactions which appear harmful to consumers and economy.
    My ideas are my thoughts synthesized from research of actual transactions, service marks, trade marks, patents, processes which create products, e.g., SELLERS’ DEFAULT INSURANCE, FIRST American RES advanced sale of mortgage loan documents during default, Assignment of Mortgage Firt American Endorsement Lis Pendens, …

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    Goldman Sachs GROUP, Inc. Relationships with Agents/Brokers of:
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    27349 AGOURA ROAD SUITE 100


    Word Mark


    Goods and Services

    IC 036. US 100 101 102. G & S: mortgage banking services, mortgage lending services, home equity lending services, and home equity loans. FIRST USE: 20031215. FIRST USE IN COMMERCE: 20031215

    Standard Characters Claimed

    Mark Drawing Code


    Serial Number


    Filing Date

    April 27, 2005

    Current Basis


    Original Filing Basis


    Published for Opposition

    September 19, 2006

    Registration Number


    Registration Date

    December 5, 2006



    Assignment Recorded


    Attorney of Record

    Darren S. Rimer



    Type of Mark




    Live/Dead Indicator


  8. LDean

  9. Thanks for doing the followup research and disclosure of findings on the question of the MERS legal structure and trademark issues.

  10. Deadly Clear…..STOP IT!!!! quit trying to rationalize and put sense to something that was designed to confound, confuse, and befuddle……you are dead in the water Deadly Clear, confounded by your own sense of what should be, confused by what does not make sense to you, and befuddled because you can’t figure it out.

    You know the saying, ‘think outside the box’? This would be one of those moments, because they certainly did…..And if you want to languish about the door, hemming and hawing about MERS and MERSCORP and MERS123, you go ahead and waste your time doing that……

    Or you come back to it once you understand what you don’t understand. MERS is the entire embodiment of its members. Second of all you are still seeing it as a mortgage… as MERS, and the entire embodiment of its members intends you to believe….The fact of the matter is MERS conceals the 5 year bond, the remaining interest and and bunch of futures contracts (basket of securities) which were marketed to you, me, and all other borrowers out there as being a mortgage………

    The only mortgage is by an index…….You can call me crazy or you can follow along as the evidence to these facts are posted….We, have been collectively screwed my friends….and it is being massively covered up…………..

    Starting at the entry/exit point:

    1031 and 1013 REO Exchanges ……
    Title companies, escrow and real estate attorneys on one side as a Qualified Intermediary (QI), MERS in the center as a disguised Exchange Accommodating Titleholder (EAT) and on the other side the servicers, Litton Loan for instance as a QI…….

    In my own quest to save our home, the road led me to patents and trademarks and it is all there, hiding in plain sight. Well…sort of, it took a couple of years for me to figure learn the nuances and connections. What I lacked though were transactions to set a benchmark, but that changed a couple of months ago. As fortune would have it, I was introduced to the ying to my yang, Mary Cochrane, who is as information addicted to transactions as I am to patents and trademarks. As we got to speaking, pieces began falling into place, and benchmarks were established, that is patents to transactions.

    Mary has posted to this site and has received some rather harsh responses because no one knows what the hell she is talking about……My advice would be, try again……she is pretty much spot on in drilling down the transaction side… It might also start making sense putting background and narrative because it is nothing like the current conversation. This I am going to do in a separate blog and hope to bring Mary in so we can tie together, cohesively what we have……

  11. MERS in the mortgages did not actually collect the fees. MERSCORP, Inc. appears to have all the control. It was just never disclosed to the borrower.

  12. “MERS” collected a fee for registration, according to my closing documents. It was $3.95. Nominal, but multiply by millions and the picture changes. My question about this is if MERS did not require the lender to register each loan in the system (according to congressional hearing testimony, lenders “tended to register those loans they expected to sell”), which homeowners were reimbursed the registration fee? Hundreds of thousands of them, or was it a million or so? None?

    Of course, we all know that MERS kept up with all of that!

  13. Alex – what took you so long? MERS does not collect fees. MERSCORP, Inc. is the recipient. The MERS in the mortgages is just an acronym for the strawman (no employees, no assets, shell). There was no disclosure to the homeowner or the investor of MERSCORP, Inc. and it’s unclear if the strawman can contract or be sued without introduction to the parent… That’s a good question for Neil.

  14. Oh I get it.

    All the banks have their agreements with Merscorp not MERS on contract. Has to be agency. yikes.

    AGs wont help us. ever.

  15. @Chas404,

    “Judges seem not to care mostly.”

    Oh dear! It’s really not that they “don’t care”. They are overwhelmed, they havent had 10,000 hours to spend on it and they go with the flow.

    Back to judge 101: Little, insecure boys and girls in big black robe that gives them power. Hey, just look at magistrates (would-be judges who haven’t yet gotten enough cash from private companies to run for judges) and how they behave, as soon they have that robe on. I swear, you’re before God! Judges are attorneys who once believed in the system, gave up tons of money from private practice to have the prestige and power attached to the robe but believe in making a difference, until they realized that prestige doesn’t pay the F***ing mortgage anymore!!!

    Judges lost their pension plan. Judges are bitter but not bitter enough to put themselves through the 10,000-hour-everything-mortgage-crash-course you put yourself through. So, they are not evil or hell-bent against homeowners. They’re just ignorant… for want of incentive to take the class you and I took. They’re looking at it and thinking: “Jeez! If anyone had told me public service would be actual work with little pay, I wouldn’t have signed up for the job.”

    They want out. Look at how fast they go back to private practice in FL!

  16. All Mortgage Electronic Registration systems, Inc. (I), (II), (III) and MERSCORP, Inc. are Delaware corporations. MERSCORP, Inc. “has a location” in Vienna, VA. If Flint, MI is in the mortgages – it is the strawman corporation…(surprised they didn’t find some place where there were more corn fields).

  17. Deadly Clear,

    That was a rhetorical question, right?

    Good one!

  18. OK I cant stop…

    So MERS 3 I think is Michigan corp I am assuming. In Florida there is a MERS that is registerted as alien corporation but the adress is Vienna, VA.

    Could MERS 3 Michigan on FL docs be different from MERS Vienna registered in FL???

    Should be easy to prove. My guess is they would defend and say MERSCORP owns all the MERS.

    OK I will stop better we go back the XP and Matrix jokes.

  19. It’s not clear that a strawman can be sued – can it contract without a parent? in any event in light of this – since all these banks were members of MERSCORP, Inc. not Mortgage Electronic Registration Systems, Inc. (strawman, owns nothing, no employees, shell) and the bank employees did all the fraud for MERSCORP, Inc. under the false pretense of the strawman – do you really think the AG’s should be ready to settle?

  20. OK i get u Deadly Clear….

    slowly but yea i get it.

    meaning we never gave them authority to run mortgages thru system. Seems like we should have been contracted with MERSCORP if anyone.

    what a freaking mess.

  21. OK.

    my FL mortgage says MERS, defined as Mortg Elec Reg Systems, Inc. in Michigan as posted.

    MERS above still active in FL but registered since 2001 as Vienna VA address.

    Also FL has Merscorp, Inc. active.

    If that MERS in Michigan is different from MERS registered in FL from Vienna and/or owned by Merscorp around 2005 when they wrote contract in 2005 may lead to probs for them.

    All roads lead to a Delaware file cabinet.

    How cool would it to be to say errr the MERS on the mortgage not my MERS? Here’s the proof.

    FYI I use a MAC. MERS 3 no better than MERS 1. aka Wind 7 no better than XP. haha.

  22. Windows XP will be our new lender, nominee, beneficiary, and master.

    I think that people are somehow classified as “personal property.”


    the charging of real (or personal) property by a debtor to a creditor as security for a debt (esp. one incurred by the purchase of the property), on the condition that it shall be returned on payment of the debt within a certain period.
    • a deed effecting such a transaction.
    • a loan obtained through the conveyance of property as security : I put down a hundred thousand in cash and took out a mortgage for the rest.

    May “property as security” means literally a security…so that we the people ARE the security. People are synonymous with a security. Securities have CUSIP numbers, our applications and mortgages have them, and also our birth certificates. They own us and they own everything that we allegedly own.

    Just thinking out loud, but there is something rotten in Denmark.

  23. I hereby nominate Windows XP as my new lender.

  24. If there exists MERS (trademark).. were they required to show that as MERS (trademark)?

    Thanks to the poster and deadlyclear. Now my icecream headache is worse!

    MERSCORP, Inc. is and has been properly registered in Florida. How they got around not registering it a mortgage banker etc I have no idea.

    Judges seem not to care mostly.

  25. Yes. What if MERS is the clearinghouse for our persons?
    In which we are all assigned CUSIP numbers!
    Human collateral = human livestock.
    Birth certificates are really stock certificates.
    A clearinghouse is a stockyard.

    Our persons are all mortgagable !!

    These corporations don’t need our signatures because they have our assigned numbers. We agree to all of this by presumption. We just don’t know the scope of what we are agreeing to, because if we did, of course, we could not be consumed like this. That makes MERS and others the true consumers of human flesh!

  26. Interesting article, it does make me think ” what if”?. I have read many
    articles on MERS and have read numerous Mortgages and Notes by many pretender lenders and I have a question that maybe someone with more experience and exposure can shed some light on. What is the FEE tha MERS charges and who pays it? I have seen some settlement statements with an itemized Fee to MERS; my point is if there is a FEE and it is part of the Closing Cost the person or entity benefitting should pay for the Fee not the homeowner. If this FEE was not disclosed at Closing would it constitute a TILA Violation? I’d welcome any input. I had a house in NJ that was foreclosed upon by MERS and the Zucker Goldberg Law Firm. I am now begginig to think that the foreclosure may have been unlawfull.

  27. When you research the trademark docs, and the business registration docs and then you compare the information to the Hultzman and Arnold depositions… and this is what you get:

    There were three (3) Mortgage Electronic Registration Systems, Inc.(s) created = (I), (II), (III).

    Mortgage Electronic Registration Systems, Inc. (I) originally formed in about 1995, registered a trademark in 1997 and MERS and conveyed a security interest to Nationsbank, N.A. (Bank of America) on or about June 1998; that was followed by the creation of another Mortgage Electronic Registration Systems, Inc. (II) which was also created on or about June 30, 1998 and per the Hultzman Declaration merged with Mortgage Electronic Registration Systems, Inc. (I);

    Then there was a name change of name Mortgage Electronic Registration Systems, Inc. (II) to MERSCORP, Inc. on or about December 1998 which was to become effect as of Jan 1999. See the documents on DeadlyClear: ;

    This means that the MERS® belongs to MERSCORP, Inc. and it became ‘the system’ that was licensed for members’ use.

    Shortly after the name change MERSCORP, Inc. created yet another Mortgage Electronic Registration Systems, Inc. (III) (per Hultzman) which is the “Mortgage Electronic Registration Systems, Inc.” (strawman) in the mortgage contracts (not MERSCORP, Inc. and the “MERS” reference in the mortgages is just an acronym (not the registered trademark MERS®).

    However, MERSCORP, Inc. is in the mortgage contracts but not disclosed to the borrower – the MIN # belongs to MERS® ‘the system’ not the strawman “Mortgage Electronic Registration Systems, Inc.” (III).

    The Trademark Documents (can be found in the Post: it is too large to email) that were used in a lawsuit against a California company help to support the timeline… this scenario wasn’t used by the CA defendant – I think it was so convoluted nobody ever figured it out – it was likely meant to be confusing on purpose.

    REGISTRATION NO: 2084831 SERIAL NO: 75/031300 MAILING DATE: 08/29/2007
    REGISTRATION DATE: 07/29/1997

    Bottom-line is that there were 3 Mortgage Electronic Registration Systems, Inc., 2 were absorbed by MERSCORP, Inc., and the acronym MERS in the mortgages is the strawman Mortgage Electronic Registration Systems, Inc. (no employees or systems, shell) – not MERSCORP, Inc.’s MERS®.

    There are no records of agreements, contracts, licensing, or assignments of license that have been filed in any business records in DE, NY, MI or Virginia or the patent office that I have searched or been able to find so far that link the Strawman or any other corporation to the MERS®.

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