“Aside from the inappropriate reliance upon the statutory definition of “mortgagee,” MERS’s position that it can be both the mortgagee and an agent of the mortgagee is absurd, at best. — Judge Grossman, Federal Bankruptpcy Court
The Court recognizes that an adverse ruling regarding MERS’s authority to assign mortgages or act on behalf of its member/lenders could have a significant impact on MERS and upon the lenders, which do business with MERS throughout the United States.
However, the Court must resolve the instant matter by applying the laws as they exist today. It is up to the legislative branch, if it chooses, to amend the current statutes to confer upon MERS the requisite authority to assign mortgages under its current business practices.
MERS and its partners made the decision to create and operate under a business model that was designed in large part to avoid the requirements of the traditional mortgage recording process. This Court does not accept the argument that because MERS may be involved with 50% of all residential mortgages in the country, that is reason enough for this Court to turn a blind eye to the fact that this process does not comply with the law.
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THIS ARTICLE IS NOT A LEGAL OPINION UPON WHICH YOU CAN RELY IN ANY INDIVIDUAL CASE. HIRE A LAWYER.
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See In re: Ferrel L. Agard, Debtor, Chapter 7, United States Bankruptcy Court, Eastern District of New York, The Honorable Robert E. Grossman.
NOTE: Emergency bells when off when Grossman rendered his decision. Grossman’s decision was subsequently overturned by the Federal District Court Judge. But the logic expressed in Judge Grossman’s reasoning cannot be assailed. And it has been followed in numerous instances — in and out of court like where MERS has been banned from the Courtrooms in certain states.
The fundamental thing to know about MERS is that it is merely a step in the process of fabricating, forging and robo-signing documents. In substance it is the same thing as ANYONE simply creating a document that creates the illusion of ownership or control.
MERS helps in creating the illusion that the process was legal and proper and perhaps even official. But the reality is that the use of MERS is just a layering strategy to cover up what is really happening. MERS is a curtain to assure that neither the investors nor the borrowers ever truly know what is happening. It is a vehicle for what has become the largest economic crime in human history.
The Wall Street business model for multiple sales of the same loans, derivative products sold as hedges or minibonds, is completely dependent upon the ability of the Banks to insert themselves into a loan transaction by separating the actual lender(s) and borrowers so far that neither one knows about the other.
The Banks step into the void they created and claim ownership of all the money advanced by investors, all the mortgage backed securities ever “issued” and all of the notes and mortgages that were signed by homeowners.
A crucial component of this business strategy is the ability to create the illusion of ownership in both primary market lending and secondary markets where loans and securities are bought and sold. It all falls apart if each (or some) transfer of the loan is faked. In order for the banks to have succeeded in their strategies they needed to convince everyone that they were, in fact, the only parties authorized to do business in connection with the existence of any loan.
The vehicle for creating this illusion is an intermediary who is presented as an alternative to the county records where deed and mortgages are filed. As a former president stated, “if you tell a lie that is big enough it will be accepted as truth and the truth will be accepted as false.”
The primary vehicle was MERS. (Chase used another similar vehicle that only Chase controlled). MERS is a real live corporation whose ownership is complex — involving the largest players on planet Earth. It consists of a handful of people who maintain an IT platform that is a cross between a database for identifying members and a chat room for conspiracy.
People with no affiliation with MERS enter the IT platform with a login and password. Once inside they appoint themselves as officials of MERS and then execute documetns on behalf of MERS. Transfers are sometimes logged into the database and sometimes they are not. But when it comes time that a MERS member would like to assume control of an alleged loan and foreclose on it, an entry is made showing that member as the latest transferee of the mortgage, thus giving the appearance of a party entitled to enforce.
The problem, identified by Judge Grossman, is that MERS, although self described in the mortgage as “mortgagee” and as “nominee” for the mortgagee is that this is doublespeak. In fact, it is neither an agent for the actual lender whose existence is withheld and hidden, nor is it the lender, and hence MERS does not qualify as a mortgagee under statutory definitions.
This is no technicality. Because MERS expressly disclaims any right, title or interest in the money, the debt , the note and the mortgage. It is directly expressed on the MERS websites, the MERS agreements and anything else you can run across where an official MERS notice or statement appears. And there is a reason for this. The Banks made sure that (1) they were in complete control of MERS and (2) there had to be no doubt that if MERS ended up in litigation or someone declared bankruptcy, there would be nothing in the bankruptcy estate in which MERS owned any asset or possessed any right to enforce a mortgage. The banks wanted that all for themselves.
The Banks made sure that (1) they were in complete control of MERS and (2) there had to be no doubt that if MERS ended up in litigation or someone declared bankruptcy, there would be nothing in the bankruptcy estate in which MERS owned any asset or possessed any right to enforce a mortgage. The banks wanted that all for themselves.
Outside the Wall Street bubble, this strategy came under fire and was actually banned in some states. MERS was personna non grata. The basic element to the MERS strategy is that documents could be fabricated and robo-signed to create the appearance of an assignment of a mortgage. THAT could only be true if MERS was either (a) the mortgagee or (b) the agent for a mortgagee. It has never been either one. And the transfers made the original entries in the MERS IT platform increasingly remote from the real world.
In the real world neither MERS nor the “lender” identified on the mortgage deed owned the debt , note or mortgage. So MERS could not very well execute any paper that conveyed a greater interest than what it possessed, which was nothing.
Thus in all cases involving a “MERS mortgage” the party seeking to enforce the mortgage instrument should be required to prove their interest with actual evidence of a purchase and sale and not just a paper instrument that essentially says “Trust me, I’m a bank.” In theory it shouldn’t be hard to come up with that evidence. But in reality, outside the Wall Street bubble, it is crystal clear that there were no purchases, there were no sales of the debt,
But in reality, outside the Wall Street bubble, it is crystal clear that there were no purchases, there were no sales of the debt, note and mortgage because the “origination”, “aggregation,” or “acquisition” of the loan was long ago funded not by the parties stated on the note and mortgage but by the investors who were barred from knowing how their money was being used. And the borrowers, in most cases were signing notes and mortgages in favor of companies that had not made any loan to them. And that is the real derivation of a “free house.” Except that it applies to the banks and not the homeowners.
The moral of the story is that neither borrowers nor their lawyers should realize and know that words scribbled on paper are hearsay and do not necessarily reflect the truth of the matter asserted. And those words certainly don’t mean that any of the presumptions that you would ordinarily make about the instrument are true and correct.
The importance of this revelation is simple. By inserting themselves, MERS, LPS, and servicers into the grey cloud of mortgages and foreclosures, the banks have interfered with the relationship that arose when the borrowers received money from the investors through multiple conduits that neither the investors nor the borrowers knew existed. The borrowers have always maintained that they wanted to do a workout with the real creditors, but they are prevented from doing so because the identity of the investors continues to be hidden.
But for the interference from the banks and the fraudulent business plan they pursued in creating completely fake loan accounts, the number of foreclosures would have been a tiny fraction of what has occurred in real life with real lies. It is continuing. And decisions like this one are breaking the ice allowing homeowners a chance to successfully confront the fraudulent foreclosure practices.
And as for the free house, most homeowners only want to work out the terms of a real note and a real mortgage and pay back the money that the investor would otherwise lose if that portion of the loan that has not already been paid as “settlement” when the investors discovered what had been done with their money.
Filed under: foreclosure |
It is my understand that the Senate Judicial members did last year vote to change the statute and I am unclear but it had , like before a certain date and they didn’t { they being the state courts ] don’t even honor that . I was also told that Tom Cox spoke in support of stealing all those people homes. [ Tom Cox had spoke about robo signing so he knew full well of the thief we was suffered from ! ] My property is one of them but I do have additional falsification of records. Perhaps our government in Maine is so broke [ intellectually as well as financially ] the courts have taken it on themselves to repair their retirement plan…by taking peoles homes ]. Now,, Mass did tell people they had a deadline too meet before they would change statute so they could save their homes. But here [ I am in Boston tonight ] they did not stretch to find people to notify them . I beleive our country is shot ! enough, beverly
From: Livinglies’s Weblog To: beverlyal@yahoo.com Sent: Tuesday, October 17, 2017 10:50 AM Subject: [New post] MERS Unraveling #yiv4385724500 a:hover {color:red;}#yiv4385724500 a {text-decoration:none;color:#0088cc;}#yiv4385724500 a.yiv4385724500primaryactionlink:link, #yiv4385724500 a.yiv4385724500primaryactionlink:visited {background-color:#2585B2;color:#fff;}#yiv4385724500 a.yiv4385724500primaryactionlink:hover, #yiv4385724500 a.yiv4385724500primaryactionlink:active {background-color:#11729E;color:#fff;}#yiv4385724500 WordPress.com | Neil Garfield posted: ““Aside from the inappropriate reliance upon the statutory definition of “mortgagee,” MERS’s position that it can be both the mortgagee and an agent of the mortgagee is absurd, at best. — Judge Grossman, Federal Bankruptpcy CourtThe Court recognizes th” | |
DD looks like ur connecting alot more of MERS dots. Know what u mean about trying to get going. Small group mostly in CA may finally be at point get out of the rabbit hole and court trap or just get the truth out on the theft of our homes and the violations of our basic rights. Also want to get web site, social media going. Don’t know if weve been in touch. Can contact me here http://getyourhomeback.bravesites.com
https://mattweidnerlaw.com/finding-pooling-and-servicing-agreements-is-key-to-killing-your-foreclosure-case/
also most trust have been terminated with form 15 so therefore does the trust even exist? This another good article cuz if the trust was terminated then how can MERS transfer the DOT into something that is terminated hence paid off by the insurance and or bail out etc….????
One more thing MERS is owned by how many entities, who are the owners of MERS and why isn’t this disclosed???? WE the people want to know who owns MERS??? Does your bank have any affiliation with MERS???? If so, then there is a conflict of interest. Have any of the banks had any affiliates and or employees own any shares in the trusts and securitization of your loan? This is a rabbit hole that goes deep. There is a Hedge fund called Electra and it’s in Ireland Europe, & England. I found it interesting that all the banks are involved in this hedge fund from my research and does this hedge fund have any links to the securitization of loans? Does this fund have any links to the Banks? It’s all very interesting isn’t it…maybe Electra owns MERS I dunno be interesting to find out what’s on the books at Electra um…ALL the banks are involved in this hedge fund!!!!!!!!!
OOPS typo, MERS is not showing as being registered in MI currently but was only in 2009 and used VA as mailing address only and they were merged out of that system in 1992. MERS is not registered in Michigan as an entity nor in VA, AZ, Idaho, & NV. I don’t think they are in Florida? They are doing interstate commerce and as an entity for profit they should be registered in all the states that their employees are sealing documents. Further more the DOT stipulates that the property should be governed in the state in which it is located and most are not in Deleware. This would make MERS shame crumble in my opinion. Plus US CODE stipulates that a seal equals a notary seal and when an assignment is done it shall be done in the COUNTY not just the State in which the property is located!!!!!!! If this was done then we could administer the NOTE = original NOTE and witness the blue ink ourselves and not worry some debt collector is gonna knock on our doors later and wonder who MERS and or Banker, investor sold his or her certificate to later? Most of these investors were paid from bank bail outs and through insurance policies that the PSA stipulated and warned them that the investors should buy because these loans were all being pooled from a risky process called Appraisal based and or collateral value of properties and not the normal required 4506-T form for A-AAA rating loans but they were to packaged as those but the PSA still stipulated that the insurance would be of benefit because certain residential markets have had economic conditions that may adversely affect the performance and market values. Since the Investors were given these disclosures in the PSA then this disclosure should also have been given to the Borrower. By not given this disclosure that the investors were able to gamble with better odds such as insurance as in Black Jack then this was a way to not care if what quality of loan product or even if fiduciary practices were being administer. Such as Steering borrowers into bad loan products. This also, behooved the Banks to just get as many loans as they could because who would be the wiser? Who were the investors anyway? Who knew of these PSA loop holes? RICO is all over these PSA offering to investors with the Banks fully aware with no skin in the game. I’m a Mortgage Securitization Auditor. I’m also a Home Owner Advocate. I am also battling my own property and fighting this battle. I say we all keep fighting and don’t stop!!!! These crooks are going down!!!!! I can explain this to the public and plan to have my own blog on you tube. I’ve been so busy uncovering this fraud I’ve not had time. Most of the Trusts have all been paid through settlements and bail outs and insurance policies that to get your house is triple dipping. I dunno how the Judges can continue to rule and keep this system propped up and get their pensions. All their pensions are already in jeopardy as they cant collect in their was any conflict of interest that wasn’t disclosed???? It will be interesting. A lot of people have lost their homes, investments and pensions. All I can say is welcome to WE THE PEOPLE OF The United States of America!!!!! We have awakened and we pay you to perform JUSTICE and not UNJUST enrichment to these MOBS and Secret societies and brotherhoods that rob tax payers!
Isn’t it true MERS stated on most assignments they are the holder of a deed of trust (herein assignor) and by doing this they admit that they hereby grant, sell, assign, transfer and convey unto blah blah bank as trustee to the sec trust certificate holders blah blah. With this statement they just admitted they are they hold the interest and by being the HOLDER they are allowed to assign, as the grantor, seller, assignor, transferor, conveyor with whom has been holding the deed of trust and has separated the NOTE Correct? I wrote a letter questioning this with the servicer and less than a month a new assignment was placed on the property with corrected wording. This still doesn’t correct the fact that MERS just admitted that they separated the NOTE from the DOT. This is a supreme court decision Carpenter vs. Logan that once you separate the NOTE from the DOT you can not put them back together. Therefore wouldn’t this be impossible for MERS to correct this assignment with another fabricated assignment with different wording that only is wording that they are only the nominee to assign. They left out the other verbiage. MERS still with that wording has separated the NOTE from the DOT. They recorded this and this can not be retracted without my consent now. I am the only party that can agree to the correction. By MERS own admission that they were the holder and more than just the nominee to assignor as per the DOT only expressed they are allowed be & the NOTE no where mentions MERS as a party to the DOT allowing them to separate the NOTE from the DOT has a holder. If anyone else has this wording on their assignments then this maybe huge in bringing down MERS. MERS has acted far to long as a holder beyond their realm of expertise. MERS address on both assignments doesn’t reflect their location. The DOT reflected a location of PO Box Flint, MI and they are not a registered agent there nor located physically at a PO BOX. The laws of Deleware are reflected in this DOT as they’re laws but under governing laws of the DOT states that the laws to be administered are in the state where the property is located, so this is contradictory in of itself. The first assignment reflects Ocala, FL. and MERS isn’t located there as a registered agent either. Again the second assignment attempt at correcting the wording MERS used the same Flint MI address where there is no MERS registered as an agent nor has there been. The PO box isn’t registered to them either from my research. The VA address they used at one time to confuse things regarding MI is as well as no registered agent. This is a shame and no address should be allowed for an entity that is not registered and never has been registered in Michigan nor Virginia as the Michigan years ago old registration stipulates; Reston, VA as the mailing address and not the PO BOX plus this was filed in Aug. 3, 2009 and expired on Dec. 31st, 2009 and in 1992 MERS, Inc. was merged out of system in VA. The business that MERS, engaged in was Mortgagee of Record for mortgage loans. They did register as a foreign profit corporation. MERS is a shell and no one is keeping up with their business registration in any state they are claiming to be located in supporting these important documents. MERS is only registered in Deleware and they are not disclosing this information. The employees are all signing for them in states that are outside of MERS authority to be doing business, especially since MERS has already disclosed they are a foreign profit corporation and registered this fact in Michigan in 2009. They didn’t renew and have been perged out of system registers in all states from my research. I’m not fully sure about Florida but my research shows that Michigan, Virginia, Idaho, Arizona, and Nevada are showing anything registered. If your reflecting a legal document for ownership and your location as a Corporation isn’t located in that state nor the state that your employees are practicing their expertise at then this would give a red flag to the authority that you have to be able to interstate commerce in and this is commerce, handing my MONEY and MY NAME AND MY interest is my identity. MY name is out there on this document and who regulates these robo signors?? It’s willy nilly! The assignments are to sealed and notarized in the states in which the property is located in and that is a US Code!!!!!! So, if MERS is allowed to work interstate commerce then the US CODE should be of grave concern. Sealing a document is the same as using a notary. I for one only signed agreeing to governing the DOT in the state in which my property is located. I never agreed to allow unregistered – unregulated signatory of the DOT. If the Banks are enforcing the DOT then why can’t I enforce this governing sitpulation that the DOT and assignment is to me notarized in the state that is located in? Why because then we could attend the certification of the Original NOTE and verify who the NOTE holder is left in blank etc…its a sham and a scam and we have awakened!!!!!!!! Where’s our bail out???????????? Where’s the NOTE and how can all those certificate holders hold one NOTE and didn’t they get paid and bailed out…Double dipping is securities fraud. This system has RICO all over it and the Judges and Attorneys are all connected to these securitization pensions. Well everyone else lost pensions homes etc…why should those pensions tied to fraud be let go. Where’s our bail out??? Tax payers are losing their homes to foreign investors and it’s time to take our country back and our homes!!!!! This is America and we should be given our bail out. Why are we not standing up?
Our home is non-judicially foreclosed. We have a pending litigation challenging the alleged mortgagee’s right to foreclose on the property. How do we file a motion to invalidate the non-judicial foreclosure?
Can you provide a link to the Jurisdictions where MERS is not welcome?
Excellent article, but I would suggest these remarks be reexamined, . “MERS is a real live corporation whose ownership is complex — involving the largest players on planet Earth. It consists of a handful of people who maintain an IT platform that is a cross between a database for identifying members and a chat room for conspiracy.”
Mortgage Electronic Registration Systems, Inc. is a shell subsidiary of MERSCORP Holdings, Inc. MERSCORP Holding, Inc, previously named MERSCORP, Inc., was originally named Mortgage Electronic Registration Systems, Inc, The parent company owns and operates the data base. The shell subsidiary and the parent are identified for convenience as “MERS.” “MERS” is actually the MERS(r) System which operates for the purpose you have correctly described,
Reblogged this on California freelance paralegal.
Eddie wants stock options? He has to be kidding.
And this is pre settlements where lenders, National Mortgage Settlement Monitor Joseph Smith and elected officials in every state abused homeowners even along with investors and trustees. The harm goes beyond a “bad loan” with intentional harm and suffering and death in some cases.
I’m entitled to a free house when it already belongs to me. the bank has their mortgage I have my freehold. Two different forms of ownership talking about two different aspects of property. no conflict.
Reblogged this on Deadly Clear and commented:
“And as for the free house, most homeowners only want to work out the terms of a real note and a real mortgage and pay back the money that the investor would otherwise lose if that portion of the loan that has not already been paid as “settlement” when the investors discovered what had been done with their money.”