Personal commitments have forced me to take the day off from the show this week, but I’ll be back next week.
I have learned of a court proceeding in which the Judge expressed the opinion that in order for any of the mortgages to be valid (where MERS is involved) they would have to redraft the mortgage without MERS and get the borrower to sign a new one. Exactly what I said in 2007. Only now we have over 7 million illegal foreclosures based upon fraudulent and illegal mortgages and notes. MERS’ attorney estimated that the total number of mortgages affected could be 100 million. The Judge basically said it wasn’t his problem — it was the problem of the banks and MERS who devastated title records.
The question asked in Arizona Federal Court: Is there any case or statute under which MERS could be beneficiary of a deed of trust? The answer is no. Thus they cannot be the beneficiary, even for one second. Their title as “nominee” is as good as saying Donald Duck is the lender. MERS and Donald share something: they are both fictional characters.
Filed under: foreclosure |
UNITED STATES DISTRICT COURT
DISTRICT OF ARIZONA
JUDITH D. ERICKSON, an unmarried woman,
and as Trustee of THE ERICKSON FAMILY
TRUST,
Plaintiff,
v.
GREEN TREE SERVICING, LLC, et al,
Defendants.
Case No. 3:14-cv-08089-NVW
PLAINTIFFS’ SUPPLEMENTAL
MEMORANDUM IN SUPPORT OF
RESPONSES TO MOTIONS TO
DISMISS
(Hearing May 19, 2015 at 1:30 p.m
LOL Neidermeyer, that is so true and LOL for the visual of them pulling sites out of their …, Ha!
Trespass Unwanted
@ TU ,
I hear you about the trial transcripts ,, and I don’t have them for that case (cites are there) … but the National BAR Assoc. thought that FL case was compelling enough to make it necessary reading for the entirety of their trade assoc. , I would give it some weight as it was a ruling and not a case anyone was actively fighting,, nothing to gain at that point. I can’t begin to count the number of times I have seen lawyers intentionally mischaracterize a ruling and the judges buy it… It’s a form of fraud that is hard to win against because they can pull any one of 10,000 rulings out of their lower extremities…
neidermeyer
I had a adult friend I met while in college (we have lost contact with each other over the years) who was legally blind while attending high school.
To take her exam (before she got corneal transplants from a deceased donor) someone stood with there and with one hand on her shoulder [which I assume is a form of representation and a symbol of a relationship of trust, although she didn’t know she was pulled into a world of symbolic gestures], she was read the contents of the exam paper and she spoke her response and it was placed upon the paper for her, and she passed her high school exam and graduated while blind.
Did she have other options? Other options would have made her graduate out of cycle and not with her class.
Could someone have taught her to read braille in time for her to take the exam with others?I doubt it.
The case you show doesn’t contain the transcript to explain why the decision was made, and that’s my problem with case law.
There is a decision but there is something specific in the testimony that was the reason for the decision, and everyone is relying on the judgement or decision as a catch all when case law as far as I’m concerned is specific to that case.
If someone wants to use caselaw on me, they had better pull out the transcripts so we can determine how close the disagreements and arguments are for the decision to be the same or similar.
I will not be compelled to walk into a business where I will leave my property because they are just people who ‘act’ as if they are the ‘official referee’ for a purported dispute, but who are just people who have secret alliances, agreements, oaths, and bonds with each other and they all have their own private books of behavior and all act in accordance with each other. No jurisdiction. My answer to the complaint in my suit indicated the court had no jurisdiction. Instead of determining jurisdiction the court moved anyway.
With a regulating agency looking, everything I’ve done was done to show no contract existed, no meeting of the minds, no mods, no payments, and in their effort to show me who’s boss, it took what seemed like the entire law firm to sign the documents to steal the property. I ask the joke, how many attorneys does it take to steal a home? In my case, 9, including the attorney trustee who represented the defunct beneficiary on the DOT that didn’t help them with the papers, but didn’t stop them either when they wanted the Trustee Deed. How many attorneys does it take to consider the activity a mob, so it falls without RICO? If your paperwork is really in order, you only need to hire on attorney in one law firm to deal with your suit, is my opinion.
When I file a complaint, I am certain to state there is no contract.
Who do you think has to prove there is an enforceable contract between the parties, especially if we have no signatures among each other. Without that magic assignment, it’s easy to state my claim of fact (which is better than truth looking a definitions in a legal dictionary) no contract exposing their lack of standing.
When I name names, they want to run and hide but they can’t.
Trespass Unwanted,
Trespass Unwanted,
Yes yes. Spell ck “compulsOry”
Whats interesting is a bunch if attorneys are involved in foreclosure process but none at signing, dont know if anyone appreciates but when you buy a home in UK an attorney is compulsary to purchase real estate.
Re the link and contrsctual
” meeting of minds”
Surely for the good of society there has to be a ” doctrine” for reliance under a Duty Owed -such a duty must be considered as a matter of public and EcOnomic interest and safety
The court has an ethical duty to strike the balance considering their duty to the public and the power they hold. After all – who really pays their salary.
Only my opinion
I can be found at mikekeane@optonline.net.
I am in Monmouth County NJ.
There is a law firm I believe, called “Cleary, Alfieri and Jones”.
The law firm is in Matawan, NJ, I am told.
This law firm seems to be in the advantageous position of populating the Monmouth County Courthouse with judges.
Patricia Del Bueno Cleary is a foreclosure judge and I have been told her husband is also a judge.
Alfieri, I have been told, was once their clerk.
Linda Grasso Jones, the first wife of the now-deceased, Richard Grasso, an architect from Monmouth County, is a civil court judge in Monmouth County…
Quite the Tri-INFECTA.
Recently, Jay B. Jones was elevated to full partner in the largest foreclosure mill in the country: “Phelan, Hallinan, Schmieg, Diamond…
and now… Jones”.
Jay B. Jones appears to have graduated from Villanova Law School in 2011…
So…
Four years after graduating from law school, Mr. Jones is made “PARTNER”?
How nice for him.
It would be lovely to plumb the depths of Jay B. Jones’s relationship to this law firm and these judges… if in fact, there is any.
Most don’t realize that each municipal court operates as a corporation, and as such, its sole purpose is to increase revenues.
In my opinion, in my experience, thus far, Monmouth County Court, is that of a corporation undermining the law in order to increase shareholder profits.
As such, it may very well prove a microcosm of the deceit that is the granddaddy of them all: “The MERS”.
Frankly, millions across-the-globe fully embrace and are repulsed by the multiplicity of frauds currently in residence of the US Legal System.
The only … I hesitate to call them “people” … diseased criminals that don’t seem to mind, are those that stand to gain the most if the fraud is allowed to go forward.
This is why such rudimentary abuses of common sense, to say nothing of the law, are allowed to perpetuate.
Prior to Cleary, the judge was Cavanaugh. Of the bank that claims to have compelled us to come in to his courtroom, I told him, “I don’t necessarily believe they own our debt”.
Our adversary all but admitted as much when they said they didn’t have the note with them but had “sent for it”.
That means they started a foreclosure against us before they were in possession of the note
I still don’t believe the note they ultimately produced is anything but a pure fraud.
In the meantime, I welcome any information regarding Mr. Jay B. Jones and his relationship to the principals listed above: (?Judges? Cleary, Cleary and Jones).
Michael … I would love to talk to you , do you have an email that you can post here?
Thank you Melissa and Trespass Unwanted: agreed.
I encourage people to read Ellen Hodgson Brown’s, “The Web of Debt”. In her book, she explains “naked short sales” (if memory serves, pgs 184-7) and she also explains that a complete reporting of total US indebtedness is no longer reported.
So, the private, international banking cartel that is the parasite on the international community uses American Dollars to export their fraud and then uses their influence in the US to conceal their multiple frauds by manipulating regulatory agencies.
The simple fact is: We The People no longer control our currency and haven’t done so since President Andrew Jackson.
The subprime fiasco was created under the elder President Bush’s term by the company “Household Finance Co. or, HFC”.
You may read about it in Michael Lewis’s book, “The Big Short”.
The elder George Bush was a one term president because of the S&L scandals and bailouts that were commonplace under his… eh… ehem… leadership.
The elder George Bush also ruled during the time Wall Street currency raiders intentionally undermined Asian, Russian and Mexican Currencies…
And US citizens wonder why the victims of US banking interests are now flooding our country after their currencies and livelihoods have been stripped from them…
But, this is ‘Murrica… just ask any dim-witted dope that thinks the misadventure in IRAQ actually served to protect American interests…
QUITE THE CONTRARY…
Jeb Bush, for example. So… why not call into question the Patriotism of any dissenter that questions the misuse of the American military? After all, it is a time-honored tradition.
Of course, the solution of the central bankers is to gin-up a proxy war somewhere- the old model was “East v West”; the new model is “Sunni v Shia”.
ISIL is an aberration of Sunni Islamic Fundamentalist Intent; after all, for decades the mainstream Islamic predilection has been for the Saudis to remain behind the scenes funding Terrorism. Nowadays, however, a distraction is needed so 30 or 40 thousand Sunni extremists are out in the open while the warmongering elites in the US clamor for “Boots on the ground”.
Enough already…
Start the investigation of the central bankers on Wall Street; prosecute them; PUT THEM IN JAIL.
When you read, “The Web of Debt”, you learn a private, foreign banking cartel has hijacked US Currency. When you read. “The Big Short”, you learn that a template was laid, quite some time ago, upon which foreign bankers are presently using that model to strip us of our homes.
The Corporatocracy is only too keen that these parasites are successful, because, once the US has been bankrupted, an alternative currency will be used to replace the Dollar… and besides, the US is no longer economically viable, the only thing We The People manufacture these days is debt-money created out of thin air…
Oh… and celebrities that really belong in a carnival tent.
@ TU , You said ” Assuming for a moment the creators of the shell corporation know the definition of the words they use; their mission statement did not contain the word seizure which is a taking by civil authority.
They used the word capture which they know is taking by military power. ”
Here’s a excerpt from a Florida Appellate ruling over parties to a contract having to understand what they sign… it’s a real eye opener..
*******************************
2. “ http://apps.americanbar.org/litigation/committees/trialevidence/articles/spring2014-0614-demise-meeting-of-minds-contract-law.html “
As one Florida appellate court stated in 2013, there is no consideration of the “mind” when it comes to determining whether there was a “meeting of the minds,” even when the party seeking to avoid the contract “could not possibly have understood” it. Spring Lake NC, LLC v. Holloway, 110 So. 3d 916, 917 (Fla. Dist. Ct. App. 2013). In Spring Lake NC, LLC v. Holloway, a 92-year-old woman with a fourth-grade education became a resident at a facility that provides physical, occupational, and speech therapy. 110 So. 3d at 917. The woman signed, among other things, an arbitration agreement before becoming a resident. The trial court found (and the appellate court agreed) that the woman “could not spell well and often had to sound out words while reading” and that “[s]he had memory problems and was increasingly confused.” Id. Further, the trial court found “that the contracts were so complex that she could not possibly have understood what she was signing.” Id.
When the woman’s estate brought suit against the rehabilitation center for her allegedly wrongful death, and despite the obvious inability of the woman to understand what she was signing, the trial court did not declare the woman incompetent or incapacitated. But, because of her shortcomings, the trial court held that no “meeting of the minds” had occurred.
On appeal, the Florida Second District Court of Appeal enforced the arbitration agreement. The court explained that it was following established Florida precedent holding that there is a presumption of competence and that two signatures create a contract absent undue influence (including being prevented from reading the contract). Among precedent relied on by the court was an intermediate court ruling that the fact that the plaintiff was legally blind when she signed an agreement did not make the agreement invalid. See Estate of Etting ex rel. Etting v. Regents Park at Aventura, Inc., 891 So. 2d 558 (Fla. Dist. Ct. App. 2004). In other words, only if you are prevented by the other party from reading the contract can your claim that you did not read the contract (even if you are physically or mentally incapable of doing so) prevail.
Michael,
In the document referenced is these words.
To avoid the hassle and expense of paying county recording fees, these mortgage bankers formed a plan to create a single she’ll company that would pretend to own all the mortgages in the country.
Emphasis mine, superscript 23
Where superscript 23 refers to the following in the footer of pg 7 of the PDF doc
23. R.K. Arnold, Viewpoint INSIDE MERS, Jan./Feb. 2004, at 1 (“[O]ur mission is to capture every mortgage loan in the country.”).
Rule of capture – Acquiring the ownership of property where there previously was no ownership; thereby any wild animals captured belong to the person who captures them, regardless of whose property they were upon previously.
If the recipient of property displays an intent to take full control of that property and not just pass it on to another, that person captures full rights to that property including the ability to pass it on to his or her heirs.
In international law. The taking or wresting of property from one of two belligerents by the other. It occurs either on land or at sea. In the former case, the property captured is called “booty;” In the later case “prize.”. Caoture, in technical language, is a taking by military power; a seizure is a taking by civil authority. U.S. v. Athens Armory, 35 Ga. 344, Fed. Cash. No. 14,473. In some cases, this is a mode of acquiring property. Thus every one may, as a general rule, in his own land, or in the sea, capture any wild animal, and acquire a qualified ownership in it by confining it, or absolute ownership by killing it. 2 Steph. Comm. 79.
……..——————–…………
Assuming for a moment the creators of the shell corporation know the definition of the words they use; their mission statement did not contain the word seizure which is a taking by civil authority.
They used the word capture which they know is taking by military power.
You don’t have to see one’s military (police/sheriff) under the Lieber Code, as long as the public servants do the paperwork to support their efforts.
Trespass Unwanted
See olga cervantes et al v countrywide
http://cdn.ca9.uscourts.gov/datastore/opinions/2014/06/12/11-17615.pdf
Would love the case number pleeze Neil
Michael,
Nice post. Thank you for letting people aware of Bob H. I hope everyone realizes that Bob is not a lawyer. He is posting his personal point of view.
In the meantime, beware; the notion a private registry of deeds is harmless is very much alive.
Jeb Hensarling from Texas wants to create a national MERS registry on steroids.
Go to “Landtegrity.com” and sign the petition.
“Bob Hurt” has recently designed an alternative to this website and his notion county recorders should be denied the proceeds from recording fees each time a property changes hands flies directly in the face of the initial lawsuits brought by the AGs, most notably Schneiderman.
Mr. Hurt truly has zero understanding of the benefit these fees have to the communities wherein the 1300 or so national recorders make their business.
His comments, while altogether misleading on this topic, would have the casual observer side with him in his mistaken notion the county recorders themselves are the beneficiaries of these funds.
HOGWASH.
In the wake of the Civil War, carpetbaggers descended on the South in order to press false claims of property ownership…
Gee… I wonder We have heard that before…?
In 1872, the Supreme Court remedy to this type of criminal behavior was to enact “Carpenter v. Longan”…
In other words, the notion an individual must lawfully own title before they are in a position to transfer it (The lien follows the note).
Nowadays, internet carpetbaggers abound and anyone with half a brain recognizes a copy is not an original.
The simple fact is: an international private banking cartel has hijacked our currency system and they are also intent upon bankrupting our pension system while stripping us of our ability to properly adjudicate false claims directed against the ownership of our homes.
Thx Michael.
I never saw the movie, the Sting.
I saw Rollover.
I will watch it this weekend and download the Two Faces doc.
If he’s leas council for CFPB, I would like to think my recent complaint got his attention and I don’t have a MERS DOT, but when the risk takers took my property during a moratorium on selling stolen homes, their financing was with Quicken which had an 800 number of last four was MERS.
The MERS system is so messed up, the people behind it could give other people free housing if they’d commit to them to do certain things even nefarious if they are psychopaths in control.
Home ownership is the single largest expense for anyone and controlling someone’s food and housing can lead to all kinds of creative things in this great land of ours.
Dead men tell no tales.
Strategically placed, we’d have the equivalent of The Stepford Wives in every neighborhood or community where anything that happens no one saw anything but everyone is in on it.
Judges and lawyers would be housed in communities with invisible borders lime digs with an electric fence.
There is so much my opinions can postulate.
Trespass Unwanted
Download, “Two Faces: Demystifying the Mortgage Electronic Registration’s System of land Title”, by Christopher L. Peterson.
Professor Peterson was a Law Professor at Quinnie Law School in Utah. He is now lead counsel for enforcement for the CFPB.
The MERS, in my opinion, is the fake gambling parlor from the movie, “The Sting”, wherein phony “employees” to a bogus, internet boutique (the MERS) bought $25.00 rubber stamps that gave them “SVP” status.
Thereafter, these industry insiders, “Hallinan”, for example, of “Phelan, Hallina, Schmieg and Diamond” placed bets on Borrower default.
These “bets” are “short-sales” AKA “Derivatives” and have an international, “Notional” value of 682 Trillion Dollars.
I believe MERSCORP was created to scrub the counterfeit titles to your homes once the banking cartels and industry insiders placed their “short-sale bets” against your ability to meet your payments.
I said as much in a petition I created after I realized my family destroyed untold thousands of titles through a process wherein they copied notes and mortgages to disc and thereafter destroyed the paper.
The petition anticipates comments from “DwightNJ” wherein he says all foreclosures must stop until We The People compel a thorough investigation of the multiple frauds that are now commonplace as part of our central banking system.
The petition:
http://petitions.moveon.org/sign/the-wicked-which-of-the?source=s.fwd&r_by=4695413
Of course, many of us were deliberately lured into foreclosure and the descriptive process is even still, in the nascent stages.
The reason this is so is because We The People are being deceived by our own government as it is presently in thrall to the corporatocracy and the private, international banking cartel that owns it and everyone of us as well.
Another reason this is so is because the pension plans of court personnel, police, firefighters, teachers, etc. were directly targeted by this intentional criminal behavior.
To understand why there is no justice is to begin to grapple with the very real fact our currency system is an intentional, international fraud…
To understand it is a fraud that encompasses the “Federal Reserve Act” and the “16th Amendment”, is to begin to make intelligent noises that We The People have recourse to examples taken from our history that will aid us in the trials to come.
To suggest that an affiliation with one political party, or another, will lead us into anything but more of the same is to reject the notion our government and judicial system are puppets of this international deceit.
Should you wish to contact me, you may leave an e-mail on my petition page.
@”DwightNj”, as I am also in NJ I hope you do contact me when it is convenient.
This, in my opinion, is good news.
The county recorder can become the record keeper of the value of real property in each county in the states.
If this MERS experiment was allowed to proceed, there is nothing to keep the unknowns from setting up a system to maintain real birth and adootuon records which are also real property in the counties.
Imminent Domain proponents will realize this judge kept them from hitting the financial snaffu of claiming property for the benefit of the public and paying a proper consideration for the value therein.
With MERS hiding ownership the financial aspect of any community development would be held hostage to an unknown holdout for an undetermined amount of money to move forward.
The banks would have to deleverage all the securities they have hidden by the MERS system for one property, cause right now there is the illusion the REITS are fully funded and they can prop up the profits of any one REIT artificially and pay out annuities artificially by doing their own ‘check kiting’ cause they would be doing what the fed res does for banks. If a bank has a run, they open a window and pump in assets for that one bank. In MERS case if a REIT takes a hit they can pump in revenue in that REIT to continue the illusion of solvency even when it has no assets.
It keeps MERS from selling the property (states) to foreign interests to become solvent for their own self interest. Americans would think immigration had picked up in an area and some foreign nation would be claiming their part of the American pie and sending their people over to live on the land cause possession is 99ths of the law.
It keeps MERS from having real property by adverse possession and documents of judgment in our courts that gave them the property.
If someone rescinds their signature o. The transaction we would know they can’t hide behind MERS and ignore the TILA provisions which is what they are doing now. They are wanting the one who rescinds to bear the burden of suing while they ignore and steal under claim of foreclosure on a void transaction.
The derivatives they trade that is steadily rising because of the real property leveraged on the gambling table will have to slow down because no new property can be added for them to extend their gambling event. Someone has to show their cards and settle up.
Then we can find out what they have done to us, the people, the judges/lawyers and the nation; that made them create MERS in the first place to hide what they have been doing.
Too bad we didn’t learn our lesson fro. The biggest bank robbery in our history, the savings and loan thefts, but at least we are halting this from becoming the United States of China without our knowledge and consent.
Only opinions and imagination,
Trespass Unwanted, Creator, Corporeal, Life, Free, Independent, State, In Jure Proprio, Jure Divino
Again, What does this mean to people who are not in Arizonia
Does MERS have a financial interest in any of the properties? No, so backing them all out the deals does not valid them, but allows what should have taken place, and in most cases where there is no payment dispute I am sure there not a problem in redoing the security instrument, but the other security instrument that there is no redoing because ownership cannot be proven. We already known this but we had Eric Holder not bring away cases against his old client in MERS.
A number of states have accepted MERS at their supreme court level, usually by denying review of an appellate court case that relied on federal rulings. Others, like Washington state, have come to opposing conclusions (http://www.komonews.com/news/consumer/State-Supreme-Court-rules-against-MERS-in-mortgage-foreclosure-challenge-166842226.html). But then there was this decision (cdn.ca9.uscourts.gov/datastore/opinions/2014/06/12/11-17615.pdf) that ignored the Livonia decision and pointed to the equitable consideration before dealing with the question of law first.
Maybe someone can give us Pro se litigants a brief lesson in how the state courts work in regards to foreclosure appeals ..where is a borrower allowed to file an appeal each step of the way …does it end in the states supreme court? Or can we appeal after that to a District Court of Appeals? What courts are available to us ?
And explain what is binding to each court … Thank you.
second Melissa’s question.
What is the title of the case? Federal District Court?
What does this mean to people who are not in Arizona.