Just assume that everything is a fiction and none of it is real. Then set out to create the inference against the use of key legal presumptions necessary for the foreclosure mill to establish a prima facie case. Those presumptions lead to conclusions that are contrary to facts in the real world.
The answer is always the same. MERS is a data storage company that has no ownership of the data, or any documents that contain references to data, events, payments, assets or liabilities. The MERS database in intentionally unsecured — anyone can get access with a login and password which are easy to obtain.
The first reason for the looseness of data entry, maintenance and reporting is that the only real purpose for MERS is foreclosure. It is not used by anyone for any other purpose. The second reason for the looseness of data handling is that even its members and users know that it is not admissible in court. As far as I know, nobody has ever tried to foreclose using data from MERS.
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MERS. it is merely a naked nominee. In some states it is banned. The holder of a mortgage or the holder of a beneficial interest in a deed of trust is required to be the owner of the debt, which is somebody who has paid value for the debt. Check state law.
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But the assignment from MERS has more problems than that. MERS is basically an agent. The principal is defined as the party who has been labeled as the “lender.”
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The designation of MERS usually includes “its successors and assigns.”
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That is the place where the Foreclosure Mills and the banks try to stuff in third parties who have no connection with the loan. Since MERS is merely a naked nominee, the only party that could issue instructions to MERS is the “lender” or its successors and assigns.
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Why would they do that? Revenue! The foreclosure process in most instances is a revenue scheme and has no relation to any plan, scheme or process by which the result is restitution for an unpaid debt.
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In most cases, by the time the foreclosure process is started, the “lender” is dead and nobody has acquired its assets, liabilities or business. There is no successor. So there have been many cases in which a judge has decided that a document supposedly executed on behalf of MERS by someone on behalf of a company that is labeled as “attorney in fact” is void in the absence of foundation testimony or documents showing that the interest of the “lender” has actually been transferred by way of payment to a transferee.
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MERS is not a servicer and MERS is not the owner of the debt. It has bare naked legal title to mortgages.
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There are no successors in interest or assigns with respect to either MERS or the “lender.” Since MERS does not possess and even disclaims any financial interest in the debt, note or mortgage, it may not execute any document of transfer except on behalf of the “lender” on the mortgage deed or deed of trust, or on behalf of a genuine successor to the “lender,” the document signed on behalf of MERS must be void, and not voidable.
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This is where many attorneys and pro se litigants miss the mark. they fail to parse the words and thus fail to recognize the Achilles heel in any chain of title which is dependent upon the transfer of any interest in any mortgage by or on behalf of MERS.
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The label of “authorized signer” is a lie on many levels. The signer has no corporate resolution from the Board of Directors, appointment by an actual officer with administrative duties at MERS, nor any employment by MERSas employee or as independent contractor. The person who signs is not paid by MERS.
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The person who signs is the employee of one of three entities — (a) the foreclosure mill (see David Stern), (b) the party claiming to be an authorized servicer of an entity who also does not own the debt or (c) an outside vendor who specializes in fabricating documents to “clear up” (read that as falsify) the title chain.
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In most cases there is no power of attorney executed by any employee, officer or director of MERS. But even in the rare instances where such a document has actually been properly executed and dated, the Power of Attorney cannot create any right, title or interest to any debt, note or mortgage.
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You need to keep their feet to the fire. If you don’t successfully attack such issues the presumption will prevail — i.e., that the chain of title is perfect. If you do attack those issues the presumptions fail and in addition to MERS being naked so is the foreclosure mill and the claimed labeled servicer.
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As always you will do well if you presume the entire foreclosure is a fake process in which the foreclosure process is weaponized to obtain revenue instead of restitution for an unpaid debt. Just assume that everything is a fiction and none of it is real. Then set out to create the inference against the use of key legal presumptions necessary for the foreclosure mill to establish a prima facie case. Those presumptions lead to conclusions that are contrary to facts in the real world.
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Filed under: burden of persuasion, burden of pleading, BURDEN OF PROOF, CORRUPTION, discovery, Discovery -Subpoena, evidence, Fabrication of documents, foreclosure, foreclosure defenses, foreclosure mill, forensic investigation, Mortgage, Motions, Pleading, prima facie case, sham transactions, STATUTES | Tagged: money, note, restitution, title, transfer, TRUTH, unpaid debt |
This is why notes are not returned to borrowers after bankruptcy or payoff. Your note continues in circulation.
https://www.fool.com/millionacres/articles/complete-guide-investing-real-estate-mortgage-notes/
Mers is an escape goat! Can you imagine that? The FRAUD happens before you ever go to court. It happens in origination, double appraisals your originator probably had a contract with xyz behind your back. When I thought I was refinancing out cash…Keeping my 1st FHA loan then a 2nd …I got a whole new 1st/2nd..and of course sold to the kings of fraud. Ameriquest/Argent. Then apparently Wachovia, Homeq, and every other servicer who claimed owner ship but yet can’t PROVE IT! It’s DOCUMENTED in the FED RECORD here in St. Louis. Well the pages that didn’t go POOF in a fed ct of record. The story goes on and on. It’s the trustees they are the judges golfing buddies. My own atty sold me under the bus over the way I had to pay my bills! How do you want me to pay when I’ve only been a top asset manager and I’m bringing clients with anywhere from $150,000 a month to $10 million to $50 million per month so I have a way to pay you! What’s the use in having someone with such capability to do such if no one will LISTEN? Listen to Trump and continue to still GET LIED TO ! https://www.facebook.com/permalink.php?story_fbid=2505663469515507&id=923799057701964¬if_id=1571284782473575¬if_t=page_post_reaction
MERS seems to be an all purpose corruption engine. In my case actually forced subst of trustee to be declared wild doc since my fake loan had no MERS id, not a MERS loan. Then the city of Los Angeles allowed lenders to use MERS to register foreclosire properties to prevent blight etc. But had to b a “MERS loan” . Again Chase falsely tried to say the loan was a MERS loan. Caught them creating fake MERS record back dated over a year. City caught not enforcing own ordinance and lost out in millions. Completely ignored fraud on me and city. City deprived me of $100,000 rental income and charged me as a criminal after making it impossible to comply w property repairs. Oh yeah then tenants forced to work w prob illegal flippers using money taken from me.
MERS is no longer needed to foreclose when there are corporations that take care of missing data, forge allonges to non-existent or lost notes and create fake assignments/POA’s for recordation in our land records. All done by the same people at the same address. Your one stop service center. Check out their website. In plain site. These people are a 3rd party vendor foreclosing on my home for a loan servicer (debt collector). It’s a crime scene.
https://www.meridianassetservices.com/practice/assignment-services/
The judges are compromised mostly by plaintiffs’ attorneys. In one of my cases, opp. counsel actually put in a pleading that he had spoken over the phone to the judge about the case
. WTF?
I am going to file a class action suit that has to deal with Ginnie Mae pooled loans. For example in the State of Nebraska a non NE corporation must apply to the Secretary of State Office to due business in the state per statute 21-20,168 Foreign corporation; certificate of authority. MERS has never received a certificate, so it cannot use the state courts.
Per MERS rule the titling must first start by recording with the local land recording rule, which is NE Statute 76-238, which as MERS is not authorized to do business it cannot be a part of the Deed of Trust. As the State of NE wanted MERS to register with the state and pay the fees associated with doing business, however, MERS fought and won that it was not a mortgage lender in front of the NE Supreme Court. So the State passed Statute 76-2710 Holder of evidence of debt, defined. Which stated “Holder of evidence of debt means the person in actual possession of or otherwise entitled to enforce an evidence of debt, except that holder of evidence of debt does not include a person acting as a nominee solely for the purpose of holding the evidence of debt or deed of trust as an electronic registry without any authority to enforce the evidence of debt or deed of trust.”
States are ignorant to who actually owns Federal Government program loans, and are under the wrong impression that FHA, VA and USDA loan are owned by those agencies. 95% Fed Gov loans are attached to Ginnie Mae MBS and upon the day the loans are attached the UCC3 procedure of endorsing Notes in blank is done and the Notes are relinquished to Ginnie without a procedure to reverse this process. However, as most of the lenders are the custodian of records for Ginnie which is the physical transferring of the blank Notes.
However, as the homeowners are not aware that they are in a MBS and are not legally committed, but the challenge does not occur as the pooling and transfer is kept secret and when foreclosing the originator is not required to under UCC9 to provide proof of purchase, but all others are required to present to the courts proof of purchase.
Sept 25, 2008, the Fed Gov seized and declared WAMU a “failed bank” and it stop existing with the FDIC knowing that Wells Fargo was servicing all 1.3 million of these WAMU FHA & VA loans that it was impossible for MERS and Wells to team together and act as the debt holder and non-judicially foreclose, as per UCC9 they needed to provide proof of purchase which is impossible because once the loan been attached to the Ginnie pool it impossible for the debt to be sold as Ginnie cannot buy or sell a mortgage loan ever!
I have first hand knowledge of the crime!
What I clearly do not get, is the very idea these cats breach the PSA contract when coming to the court as the trust. The court rules I breached the contract by not paying, if that in fact is the case. Then I am subject to a foreclosure, for that breach and “they” breach every single rule, term and can move forward, without the blink of an eye, or a question by these judges. When they breach, they are never held accountable. And MERS, if the loans went the path they say, would never need to be involved. MERS is a conduit to move assets that do not belong to a trust. And no one would need a lost “assignment” affidavit if the notes went to the custodian of a legitimate trust. This makes my blood boil. The truth is evident…and Summer is right. MERS is a members only club. Pay to play.
My mortgage was “backed” by Ginnie Mae (without any evidence in support, listed MERS as a Mortgage. MERS is a private Company which only serves its members. Ginnie Mae is fully owned by the Government and not member of MERS who does not have any Agency relationship with Ginnie Mae. Thus, this was an originally misrepresentation and a fraudulent transfer to MERS, as a Mortgagee, which was not recorded anywhere.
No need to say, MERS, who cannot be a Mortgagee for my loan, never transferred my loan to any Ginnie Mae’s Trust or Trustee since MERS had no legal authority to do so.
According to Ginnie Mae’s MBS guide 5500.3 , Chapter 9-7, “Upon issuance of a Ginnie Mae MBS, an Issuer must register Ginnie Mae as “Investor” and must enter the pool and loan package number on the MERS system”.
None of it was done. MERS does not have any information regarding my loan pool and package number.
Banks are exempt from ALL laws, and it is well-known by everybody because this fraud is coming from the Government
MERS, an interesting insertion into this cluster of lies. IN my case, New Century, the judge removed/expunged all of the MERS executory contracts in 2008. Then in 2012 MERS assigns as the beneficiary-nominee for the bankrupt New Century the deed of trust to US Bank as the “trustee” of the CSMC trust. It would be laughable if not so devastating to the case. No such thing happened. Again, the judges override the Federal Court ruling and make determinations based off state jurisdiction and phony premises. In my examination of state law regarding trusts, the state has no jurisdiction, due to the diversity of the trust. Further, the court is not competent to hear the trust issue, unless the trust beneficiaries (the real ones), have waived their right to allow the state to intervene on their behalf. It seems to me, if the notes were properly transferred to the trust by the seller and depositor, then they would not need MERS, other than to keep copies of the documents. Instead, we have notes, with no proper endorsements being saved in a data base and being “created” with assignments by MERS. Nope, it doesn’t work. And, if we have a trust, why is it the custodian does not have the proper, documents in hand? The PSA spells out what happens with a bona-fide trust document. Why is this so difficult for judges? It is their contract and they breached it. My beach has nothing to do with their inability to enforce…the judges need to know nothing else. And Federal Rulings take rise over state jurisdiction, Geez!