The MERS Mortgage Twilight Zone- Judges Not Afraid to Do What’s Right

GREAT POST BY MATT WEIDNER

even if the instant motion was timely, the explanations offered by plaintiff’s counsel,
in his affirmation in support of the instant motion and various documents attached to exhibit F of
the instant motion, attempting to cure the four defects explained by the Court in the prior May 2,
2008 decision and order, are so incredible, outrageous, ludicrous and disingenuous that they
should have been authored by the late Rod Serling, creator of the famous science-fiction
televison series, The Twilight Zone. Plaintiff’s counsel, Steven J. Baum, P.C., appears to be
operating in a parallel mortgage universe, unrelated to the real universe.

plaintiff’s counsel claims that the assignment is valid because Ms. Gazzo is an officer of MERS, not an agent of MERS. Putting aside Ms. Gazzo’s conflicted status as both assignor attorney and employee of assignee’s counsel, Steven J. Baum, P.C., how would the Court have known from the plain language of the September 10, 2007 assignment that the assignor, Ms. Gazzo, is an officer of MERS? She does not state in the assignment that she is an officer of MERS and the corporate resolution is not attached.

The MERS Mortgage Twilight Zone- Judges Not Afraid to Do What’s Right
Posted on July 17, 2010 by Foreclosureblues
Editor’s Note…This discusses the newly famous “Twilight Zone” decision by a judge in favor of a NY homeowner. What it would be like to be the first attorney or homeowner on your block to enter….”The Twilight Zone.”

http://foreclosureblues.wordpress.com

The MERS Mortgage Twilight Zone- Judges Not Afraid to Do What’s Right
Today, July 17, 2010, 2 hours ago | Matthew D. Weidner, Esq.

http://www.4closureFraud.org
Discussion
“The instant renewed motion is dismissed for untimeliness. Plaintiff made its renewed motion for
an order of reference 204 days late, in violation of the Court’s May 2, 2008 decision and order.
Moreover, even if the instant motion was timely, the explanations offered by plaintiff’s counsel,
in his affirmation in support of the instant motion and various documents attached to exhibit F of
the instant motion, attempting to cure the four defects explained by the Court in the prior May 2,
2008 decision and order, are so incredible, outrageous, ludicrous and disingenuous that they
should have been authored by the late Rod Serling, creator of the famous science-fiction
televison series, The Twilight Zone. Plaintiff’s counsel, Steven J. Baum, P.C., appears to be
operating in a parallel mortgage universe, unrelated to the real universe.
Rod Serling’s opening
narration, to episodes in the 1961 – 1962 season of The Twilight Zone (found at
http://www.imdb.com/title/tt005250/quotes), could have been an introduction to the arguments
presented in support of the instant motion by plaintiff’s counsel, Steven J. Baum, P.C. – “You are
[*7]traveling through another dimension, a dimension not only of sight and sound but of mind. A
journey into a wondrous land of imagination. Next stop, the Twilight Zone.”
With respect to the first issue for the renewed motion for an order of reference, the validity of the
September 10, 2007 assignment of the subject mortgage and note by MERS, as nominee for
CAMBRIDGE, to plaintiff HSBC by “Nicole Gazzo, Esq., on behalf of MERS, by Corporate
Resolution dated 7/19/07,” plaintiff’s counsel claims that the assignment is valid because Ms.
Gazzo is an officer of MERS, not an agent of MERS. Putting aside Ms. Gazzo’s conflicted status
as both assignor attorney and employee of assignee’s counsel, Steven J. Baum, P.C., how would
the Court have known from the plain language of the September 10, 2007 assignment that the
assignor, Ms. Gazzo, is an officer of MERS? She does not state in the assignment that she is an
officer of MERS and the corporate resolution is not attached.
Thus, counsel’s claim of a valid
assignment takes the Court into “another dimension” with a “journey into a wondrous land of
imagination,” the mortgage twilight zone.”

New York trial court judges Arthur Schack and Jeffrey Spinner have received international attention for their “courageous” opinions denying foreclosure to banks when the banks present absurd foreclosure cases in front of them and demand judgment.

The really absurd thing about all the attention these judges have gotten is that there isn’t anything courageous about the opinions at all. Not to diminish at all the good work of these judges and the other judges that are actually challenging the absurd standards of the foreclosure mills–because they really are acting courageously–the point is that opinions like the ones they get attention for could be written by every single circuit court judge in this state if the judges would take a deep breath, step back from their courtrooms and really think about what they are doing.

Sometimes we all need to take a step back and view our world and our work from a different perspective. I implore each of you to read the attached MERS Mortgage Twilight Zone opinion. Print this opinion out and share it with every judge you come in front of. Share the opinion with the new senior judges.

They may scoff and disregard you at first, but you’re not seeking a “kill” right there. You may not convince that judge to change his or her perspective on the spot, but I am convinced that if the judges take this opinion home and read it not in the pressured environment of their courtrooms, but in the quiet space of their homes, they will start to see absurdity playing out in their courtrooms. I’ve learned how important it is to share my work with my significant other and with folks who are not immersed in this world. Recognition is the first step. Solutions come next. Read the opinion in its entirety and think about how it applies directly to each of the cases you find yourself involved in…

MERS Defined in GARFIELD GLOSSARY

see mers-admits-no-interest-in-mortgage-and-no-loss-on-default

see glossary-mortgage-meltdown-and-foreclosure

MERS

(Mortgage Electronic Registration Systems, MERSCORP):

A technology platform in which “members” gain access through password and user ID. Estimated number of employees is 17. Estimated number of “officers” self appointed is in the thousands. The platform is devoted to “servicing” participants in the securitization chain of mortgages. The platform allows members to enter data without any verification for authenticity or veracity and is frequently changed to reflect a member’s needs in litigation, foreclosure or other matters. Members also are allowed to appoint themselves as executives or employees of MERS for the purpose of executing assignments and other documents relating to mortgages, investor distributions etc.  The sole purpose of MERS is to circumvent the recording statutes in states, tax evasion, evasion of RICO enforcement, and to create a veil preventing the borrower from discovering the identity of creditors and to prevent a complete accounting for the securitized transaction. MERS is often named on Deeds of Trust as the beneficiary despite the fact that it has no financial interest in the obligation, note or mortgage and promises not to assert any such claim as part of its contract with members. MERS is also named as Mortgagee in Mortgages. In all cases, MERS is named as “nominee” allowing members to privately record transfers of notes and other indicia of ownership of the loan, despite the fact that the creditors are neither the members nor MERS. MERS is also used after the closing documents are executed by “assignment.” Verification of the above definition can be found on the MERS website at www.mersinc.org. See also mers-admits-no-interest-in-mortgage-and-no-loss-on-default

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