Livinglies's Weblog

NOW AVAILABLE OF AMAZON/KINDLE!

EDITOR’S NOTE:MY WIFE WILL KILL ME IF SHE FINDS OUT I’VE BEEN WORKING. SHHHHHHHHH.

This news is irresistible. MERS is all but dead with this single decision (see below). Here are the salient points:

 

1. MERS is not a beneficiary even if the mortgage deed or deed of trust states otherwise.
2. MERS lacks standing in bankruptcy to seek relief from stay.
3. MERS lacks ANY financial interest in
   1. the obligation
   2. the note
   3. the mortgage
   4. any assignment, allonge (often misidentified as an assignment, indorsement etc.
4. MERS cannot acquire rights to foreclose unless it acquires a REAL financial interest
   1. In a non-judicial state
   2. In a judicial state
5. MERS’ Appearance on ANY instrument in the securitization chain clouds the homeowner’s title by extension of the reasoning set forth in the case decision reported below.
   1. MERS’ appearance on the deed of trust renders the mortgage deed or deed of trust invalid
   2. MERS’ appearance on the deed of trust renders the mortgage deed or deed of trust VOID
      1. This means there is no security instrument even if the obligation is still outstanding
      2. This means there is no security instrument even if the note is still outstanding
      3. This means the obligation arising from the funding of the “loan” or”security” to or for the benefit of the homeowner is UNSECURED.
      4. This means that there is no legal procedure to take property — real or personal, tangible or intangible — by virtue of using non-judicial procedure or judicial procedure — unless the creditor (i.e. — the one who advanced actual cash for the funding of the obligation) gets a money judgment against the homeowner — a process which by definition requires the creditor to use exclusively judicial procedures in which they must
         1. A Lawsuit properly served
         2. Allegations that if taken as true would entitle the creditor to a money judgment (e.g. “I gave money for the benefit of this homeowner and I never got the money back from anyone”). By the way this debt, even if they get ajudgment, is dischargeable in bankruptcy.
         3. Attachments to the lawsuit of ALL documents that conform to the allegations
         4. Your Defenses, affirmative Defenses and Counterclaims
         5. Discovery on both sides:
            1. Interrogatories — how they know, what they know, who they know, where did the person signing the interrogatories get their information — when were they hired, by whom, when did they work for MERS, how many paychecks did they get from MERS etc., what documents do they rely upon, what do THEY call those documents, where are those documents, who has them, what is the title of that person, by whom are they employed, what’s their telephone number address etc.
            2. Investigation: on any (AND ALL) signature follow the lead of one of our lead homeowners — find a mortgage or other document filed in the county recorders office and see if the signature matched the one in which they signed, notarized, or witnessed.
            3. Who prepared their website. Where is the source code? Who has the current source code, the prior source codes and any source codes or emails with meta data that will enable you to determine what parties were involved in the preparation of the website, where MERS, for example, advertises that you can use their name but they will never make a claim against the property or for the money.
            4. Request to produce using their answers to interrogatories
            5. Subpoena Third Parties for records with option to give you copies
            6. Request for admissions: VERY POWERFUL weapon when used properly
            7. Notice of deposition
            8. Request for access to their network servers and workstations for forensic examination
            9. Notice of deposition from the people identified in their answers to interrogatories
            10. Motions to compel
            11. Motions for Contempt
            12. Motions to Strike MERS pleadings
            13. Motions to Strike the pretender lender’s pleadings
            14. Motion to enter default after judge orders pleadings struck
            15. Motion to enter default final judgment
            16. Motion for Summary Judgment on your counterclaims including quiet title, money damages for violations of TILA, RESPA, SEC, etc.
            17. Recording final judgment in recorder’s office

Filed under: bubble, CDO, CORRUPTION, currency, Eviction, foreclosure, GTC | Honor, Investor, Mortgage, securities fraud | Tagged: affifrmative defenses, allonge, assignment, bankrupty, beneficiary, cloud on title, DEED OF TRUST, defenses, discovery, interrogatories, invalid deed of trust, invalid mortgage deed, Investigation, lack of standing, lawsuit, MERS, money judgment, mortgage deed, motion for contempt, motion to lift stay, motion to strike pleadings, motion tocompel, notice of deposition, real financial interest, request for access, request for admissions, request toproduce, RESPA, standing, TILA, unsecured loan, unsecured obligationunsecured note, void deed of trust, void mortgage deed | 24 Comments »