The difference between Donald Duck and MERS? Zero. They are both fictional characters.

The beloved cartoon character is registered by copyright. the MERS entity is registered as a corporation. Neither one ever owned any debt, note or mortgage, directly or indirectly. Neither one serves as agent of any “successor” to the “originator/Lender” on any residential mortgage loan. Decisions in Maine mirror the issues across the country.

MERS is NOTHING. No document executed on behalf of MERS allegedly transferring ownership of a mortgage or deed of trust is legally valid in any manner, shape or form.

And that is because unless the transfer of the ownership of the mortgage comes from one who legally owns it, it is a legal nullity — the equivalent of a wild deed.

Any document purporting to transfer ownership of the mortgage or the right to enforce the mortgage that is not accompanied by a transfer of the debt is a legal nullity.

Since MERS NEVER touches any money and specifically disclaims any interest in any debt, note or mortgage, it can only serve as agent. Since the law (and about 300 years of legal precedent) requires that the mortgagee can only be one who has paid value for the debt, MERS has no power or right to transfer any mortgage or deed of trust unless the originator was an actual lender who owned the debt at the time MERS was asked to execute an assignment.

Any acceptance of instructions from a self proclaimed “principal” and “successor” in the MERS agency is merely a request to perform an illegal act. There are no successors unless someone acquired the originator. But nobody does because to do so would be inviting liability for lending law violations.

see… https://www.americanbar.org/groups/business_law/publications/blt/2020/05/mers-mortgages/

Maine’s Supreme Court recently held that a foreclosing lender’s equitable interest in the mortgage does not by itself equate to ownership of the mortgage and does now allow courts to compel the mortgage’s assignment.Beal Bank USA v. New Century Mortg. Corp., 2019 ME 150, ¶ 15. The opinion revives concerns over the viability of foreclosing Maine mortgages involving Mortgage Electronic Registration Systems, Inc. (MERS).

MERS operates as an electronic mortgage registry whereby borrowers taking out mortgage loans give the mortgage to MERS as nominee for the lender’s successors and assigns.

6 Responses

  1. I don’t like to be political – but you vote Dem — DOOMED. They already doomed us. They will NEVER EVER NEVER EVER FIX. NOT EVER. They have to expose their own concealment. Not going to happen.

    What you have to do is urge Reps to speak up. Get an investigation as to concealment. Our only chance.

  2. Yes – Summer. Saw that consent agreement. Maine is a decent judicial state. Friend moving there. Elsewhere – not good.

    And, what if you don’t have MERS, but still in bogus trust – as claimed? Should be easier. It is not.

    Ohh — prior loan was MERS. That “transaction” just disappeared into thin air. Whoops.

    On a separate note — younger people getting Covid and hospitalized. Long term effects not known. Many young, I know, have died.

    But travel has NOT ceased. The more we fail on this virus, the less likely anything will ever be done for those defrauded. There is no money. People’s lives are being destroyed. Many will never recover, and the chances of recovering are weakened by each day this virus eats our people and economy. Our scientists have failed us. This should not be that complicated. We are not in the year 1918. Outrageous. Masks forever? Maybe. Not a normal world that any of us want to accept. We don’t beat this – will not beat mortgage fraud. And, it is not looking good. .

  3. Looks like Maine is just the only State who cares about safety of its citizens.

    So, when all this House of Cards will collapse, that Courts plan to do with 30 millions of fraudulent foreclosures and illegally recorded Deeds to fake parties like “Trustees” and “Trusts” ? Sold to new buyers by fictitious Board of Directors of these Trusts?

    Opps, guys, sorry, we just wanted banks’ donations coming and see our pensions and investments to grow with 50% interest based on your stolen identities and homes?

    Ocwen Financial signed a consent agreement with the state of Maine last week to make amends for pursuing foreclosures on the properties of more than two dozen Maine residents in a manner found to be unlawful by the state.

    https://www.housingwire.com/articles/49795-ocwen-agrees-to-refund-maine-residents-to-end-foreclosure-dispute-with-the-state/

  4. Harris County Texas, which includes Houston, is planning to join the growing list of counties that are pursuing lawsuits against MERS for failure to pay recording fees. Bexar County (San Antonio) is planning a similar lawsuit.

    According to the Houston Chronicle, Harris County attorney Vince Ryan will seek authority from county commissioners to hire a law firm to conduct the planned lawsuit. A hearing on the issue will be held Tuesday.

    “MERS has jeopardized the clear title of every Texas homeowner with a mortgage and has cheated Texas counties out of millions of dollars in property recording fees,” Ryan says.

    Harris County officials estimate that damages could be from $10 million to over $100 million if penalties are included.

    Harris County is the third largest county in the country measured by population with over 4 million people.

    Bexar County Texas, the 19th most populous county with about 1.7 million people, is following closely behind. “There has been a process developed specifically for the purpose of circumventing the recording procedures and statutes in reference to real property,” says Susan Reed, Bexar County District Attorney.

    Hidalgo County Texas (McAllen), another heavily populated county, is also planning to sue MERS, according to the Chronicle.

    Dallas County, another huge county (9th most populous, 2.4 million people) has already filed suit against MERS, seeking over $58 million dollars for back fees for unrecorded MERS mortgage assignments.

    MERS has estimated that it has saved banks over $2 billion in recording fees nationwide.
    http://www.sourceoftitle.com/article.aspx?uniq=6947

  5. Eleven Oregon counties — Clackamas, Coos, Crook, Jackson, Josephine, Klamath, Lane, Linn, Marion, Washington and Yamhill — announced Thursday, Nov. 3, 2016, that they are suing the Mortgage Electronic Registration Systems, or MERS, for $50 million over unpaid recording fees.

    https://www.oregonlive.com/front-porch/2016/11/11_oregon_counties_sue_private.html

  6. What puzzles me is how courts , clerks and counties have avoided legal consequences of recording these blatantly fraudulent documents…

    Would a jury of peers agree their actions were negligent?

    https://www.law.cornell.edu/constitution-conan/amendment-11/suits-against-state-officials📁

    “The immunity of a state from suit has long been held not to extend to actions against state officials for damages arising out of willful and negligent disregard of state laws.165 The reach of the rule is evident in Scheuer v. Rhodes,166 in which the Court held that plaintiffs were not barred by the Eleventh Amendment or other immunity doctrines from suing the governor and other officials of a state alleging that they deprived plaintiffs of federal rights under color of state law and seeking damages, when it was clear that plaintiffs were seeking to impose individual and personal liability on the officials. There was no “executive immunity” from suit, the Court held; rather, the immunity of state officials is qualified and varies according to the scope of discretion and responsibilities of the particular office and the circumstances existing at the time the challenged action was taken.”

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