TOP READER PICKS FOR SERVICES AND PRODUCTS EDITOR’S NOTE: Discovery should include inquiries about MARS and Phoenix. See below. Inch by inch we get closer and closer. From a reader in litigation: I worked for Wells Fargo as an contractor. I was a computer programmer in the Frederick, md office. I also worked in the …
FIRST MERS THEN MARS and PHOENIX: Systematic Destruction of Original Notes Read More »
SERVICES YOU NEED “To the judges throughout the Commonwealth and to the homeowners, the foreclosing Plaintiff, a servicing company or “Trust” entity appears to be a bank or lender. This falsity is due to its name in the style of the case. They are not banks or lenders to the loan. They are not a …
9.09.10 NY MERS NO AUTHORIY DISMISSED MERS tried to Quiet Title. In so doing they paved the way for millions of homeowners to sue MERS to quiet title. The net result is that the encumbrance is invalid. That means the debt, the obligation, MIGHT exist, but it is NOT secured by the home. I’d say …
9.07.10 BK Judges MERS_Williams_Hooge Great material for pleadings, motions and memorandums of law. A definite suggested read.
Editor’s Note: The idea here is to further obscure the role of the parties and improve the ability of the pretender lenders to claim plausible deniability for improper, illegal and fraudulent acts in and out of court. It also creates the impression that MERS was a real company with a real purpose instead of fake …
36521121-Full-Deposition-of-William-Hultman-Secretary-and-Treasurer-of-MERSCORP[1] THE BOTTOM LINE IS THAT YOU WON’T FIND ANY MONEY, YOU WON’T FIND ANY DOCUMENTS, AND YOU WON’T FIND ANYTHING OF VALUE, TANGIBLE OR INTANGIBLE AT MERS. THERE IS NOTHING — AT THE BEGINNING, IN THE MIDDLE AND NOW AT THE END. THE WHOLE THING WAS A SHAM, THE CHILD OF SOME FLEETING THOUGHT …
If You Have a MERS Mortgage – Here is Their Deposition Read More »
In my June 3, 2008 decision and order in this matter, I granted leave to plaintiff, THE BANK OF NEW YORK, AS TRUSTEE FOR THE CERTIFICATEHOLDERS CWALT, INC. ALTERNATIVE LOAN TRUST 2006-OC1 MORTGAGE PASS-THROUGH CERTIFICATES, [*2]SERIES 2006-OC1 (BNY), to renew its application for an order of reference within forty-five (45) days, until July 18, 2008, …
EDITOR’S NOTE: AS MY LAUNCH POINT I AM USING THE FOLLOWING COMMENT POSTED TO THIS BLOG. I’M NOT SURE WHO ACTUALLY ORIGINATED MOST OF THE ORIGINAL LANGUAGE FOUND BELOW BUT WHOEVER IT WAS, THEY KNOW WHAT THEY ARE TALKING ABOUT. Almost everything done during this mortgage fraud was accomplished through the use of electronic media. …
E-Discovery, MetaData, and Spoliation of Evidence Read More »
FALSE DOCUMENTS, FALSE IDENTITIES I have been receiving a great deal of confidential information from sources that appear to be reliable. These people wish to maintain their privacy and have offered their information on condition of anonymity. This is a report concerning some of that information. We have received information from several homeowners that when …
Training Bulletin Number 2010-05 To: All MERS Members ` May 26, 2010 Re: Identifying Investors on MERS® System MERS® System Release 19.0 on June 14, 2010, will include Phase II of MERS® InvestorID. Phase I was introduced on June 19, 2009, to help our Members meet the requirements of the Helping Families Save Their Homes …
MERS Attempting to Get Correct Identity of Investors Read More »
submitted by Raja 2010/06/15 at 7:30 am Investor /Trustee on MERS Record Please use this small sentence for these thieves who have multi roles, “”You cannot be a Trustee or investor or own the note, lest it become a partnership with the certificate holders” FOR ALL THOSE WHO HAVE DEUTSCHE BANK. a). Investor and Trustee …
Submitted by Charles Koppa. 6/9/2010 Editor’s Note: We are starting to look at events AFTER the sale has taken place and we are discovering a number of things: CREDIT BID: Only the Creditor can submit a credit bid. All others must pay actual money. If a non-creditor submitted a credit bid (essentially bidding the “amount …
It’s not just a really good brief, it is a good resource. I recommend everyone read it. While it is specifically and powerfully directed against MERS, it also attacks the heart of the securitization scheme in terms of its effect “on the ground.” You can learn a lot about the mortgage mess just by reading …
Legal Aid, April Charney et al File Amicus Brief Read More »
VICTORY IN MONTANA: PRELIMINARY INJUNCTION ISSUED AGAINST MERS, RECONTRUST, AND COUNTRYWIDE Today, May 25, 2010, 4 hours ago | Jeff Barnes May 25, 2010 A Montana Circuit Judge entered a preliminary injunction yesterday enjoining MERS, Recontrust, and Countrywide from undertaking any action to sell, encumber, or transfer the borrower’s property during the pendency of the …
Therefore they cannot convey any interest in a note, mortgage, debt or obligation since they expressly do not own it and in fact openly disclaim it. And stating the obvious the decision says that that note is payable to a specific payee. It must therefore be endorsed by that payee for it to be transferred. …
The true answer is that securitization is a process that is still on going and not an event.The Real Party in Interest (and the real amount of principal due, if any) is in a state of flux hidden by obscure, hidden or “confidential documentation.” Don’t make it your problem to unravel it. Use your strength …
Shack; JPM, Trustee Lacks Standing, Vacates Foreclosure Read More »
GMAC has failed to demonstrate that it is the holder of the Note because, while it was in possession of the Note at the evidentiary hearing, it failed to demonstrate that the Note is properly payable to GMAC Once the securities have been sold, the SPV is not actively involved. IN RE WEISBAND In re: …
From Dan Edstrom: Department of Justice Press Release For Immediate Release April 16, 2010 United States Attorney’s Office Eastern District of California Contact: (916) 554-2700 Stockton Real Estate Executive Pleads Guilty to Bid Rigging at Auctions of Foreclosed Properties SACRAMENTO, CA—United States Attorney Benjamin B. Wagner and Assistant Attorney General Christine Varney of the Department …
There is a lot of conflicting opinions about this. My opinion is that the confusion arises not from the law, not from application of the law and not from what is written on the note or deed of Trust. If you look at the Bellistri Missouri case the issue is well settled. And the problem …
SEPARATION OF DEED OF TRUST FROM NOTE: Bellistri Opinion Read More »
33-801. Definitions In this chapter, unless the context otherwise requires: 1. “Beneficiary” means the person named or otherwise designated in a trust deed as the person for whose benefit a trust deed is given, or the person’s successor in interest. [Note that this does not include a nominee like MERS. There is a reason for …
AZ STATUTE DEFINES BENEFICIARY and CREDIT BID: NOT "NOMINEE" Read More »
From Max Gardner – QUIET TITLE GRANTED Bellistri v Ocwen Loan Servicing, Mo App.20100309 Mortgage Declared Unenforceable in DOT Case: NOTE DECLARED UNSECURED “When MERS assigned the note to Ocwen, the note became unsecured and the deed of trust became worthless” Editor’s Note: We know that MERS is named as nominee as beneficiary. We know …
Editor’s Note: Here is the problem. As I explained to a Judge last week, if Aunt Alice pays off my obligation then the fact that someone still has the note is irrelevant. The note is unenforceable and should be returned as paid. That is because the note is EVIDENCE of the obligation, it isn’t THE …
Editor’s Note: This is the securities equivalent of MERS or HERS. SECURITIES AND EXCHANGE COMMISSION 17 CFR Part 232 [Release Nos. 33-9077; 34-60875; 39-2468; IC-28984] Adoption of Updated EDGAR Filer Manual AGENCY: Securities and Exchange Commission. ACTION: Final rule. SUMMARY: The Securities and Exchange Commission (the Commission) is adopting revisions to the Electronic Data Gathering, …
Discovery: references to SEC filings and Edgar should refer to this Final Order Read More »
From Eaine B Editor’s Note: I have long advocated sending letters, objections to sale and complaints against “trustees” named (or substituted) on deeds of trust who initiate foreclosure proceedings. Indeed, it is highly probable that because of statutes attempting to protect the trustee from liability, the trustee is at best usually named only as a …
