MERS

Court Denies Motion to Dismiss and Holds Backdated Mortgage Assignments May be Invalid

The bad news is that the Court mistakenly assumes that MERS must be the party to enforce because the MERS assignment was backdated. MERS specifically and publicly disclaims any interest in the mortgage, note or obligation. How can MERS assign something it disclaims? MERS internet site and promotional literature all say the same thing — …

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Notarized MERS Assignment of DOT as Nominee: Forensic Analysis and Motion Practice

I was looking at an assignment signed by Margaret Dalton, “Vice President”, Mortgage Electronic Registration Systems, Inc (MERS) “as nominee” for “Hoecomings” (sic) Financial Network, Inc. with an execution date of March 5, 2010 and a notarization date of the same date, notarized by D. Pakusic in Duval County, Florida, naming United Independent Title as …

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MERS Discovery Items

From Eric Mesi MERs has a manual and I included some of it below regarding foreclosures. But who would know if their manual is correct? Of course they will write it to protect their selves. Section 2: (a) If a Member chooses to conduct foreclosures in the name of Mortgage Electronic Registration Systems, Inc., the …

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MERS Changes Policy on Authorization to Sign for Them

So here is the deal. MERS allows anyone with a password and user ID to sign papers for them whether they are authorized or not. That policy continues but they now want people to complete “certification” to act as authorized signing officer. Keep in mind that once a person has gained entry to the system …

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Forensic analysis, DISCOVERY: BofA Hides Behind Reconstrust Subsidiary

Editor’s Notes: Bank of America is smarter than most. It has created a web of companies whose function is to perform activities that hide the fact that it is Bank of America, and there are other pretender lenders who hide behind this entity who suddenly appears as “trustee” or some other entity claiming the right …

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Reg Z TILA Amendment requires new owners and assignees of mortgage loans to notify consumers of the sale or transfer

The Federal Reserve Board has issued an interim final rule under Regulation Z to implement the recent Truth in Lending Act (TILA) amendment that requires new owners and assignees of mortgage loans to notify consumers of the sale or transfer. While mostly helpful in foreclosure defense,  the rule leaves open the question of ownership of …

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John Kennerty, Caryn A. Graham – MERS Assistant Secretary, VP of Documentation, VP of Communications, BofA, Countrywide, Wells Fargo

Editor’s Note: Another example of attorney as MERS Assistant Secretary through access to password and user ID. She is an attorney with Marshall Watson and has appeared on numerous documents signing also as having limited power of attorney for Bank of America, Countrywide, Wells Fargo and probably others. Check your documents in Florida. If you …

John Kennerty, Caryn A. Graham – MERS Assistant Secretary, VP of Documentation, VP of Communications, BofA, Countrywide, Wells Fargo Read More »

Juan Pardo MERS/Ocwen cross employment

Confirming Juan Pardo MERS/Ocwen cross employment. Have a dozen docs confirming this from NH/MA registries of deeds. Also, have confirmation of one Carla Tinoco, witnessing and notarizing Pardo’s MERS docs. Ms. Tinoco is also a confirmed Ocwen employee as she has appeared as Doc prep for Ocwen. Ms. Tinoco’s FL Notary registration also confirms business …

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PACER CITED FOR ALLOWING IMPROPER DOCUMENTATION ON LINE

I MERELY REPORT THE FOLLOWING AS A POSSIBLE “HEADS UP”. I HAVE NOT HEARD OF THIS PROBLEM WITH PACER. IF ANY OF YOU KNOW SOMETHING ABOUT IT, PLEASE POST YOUR COMMENTS. Editor’s Note: Like MERS, garbage in, garbage out. Without a referee the players do whatever suits them. Here PACER enables litigants to submit questionable …

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Livinglies Posts $100 Reward for HERS Fabrication Index

Announcing the establishment of the Homeowners Electronic Registration System (HERS) to assist in mortgage negotiations, litigation, foreclosures and modifications. HERS v MERS, Get It? We are looking for someone to go through the comments and blog posts that give the name of an officer or other person signing any paper involved in the mortgage or …

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Judge Buford Slams Mers for Its Own Confusion

Vargas_MTD_Tentative1 Judge Buford in Bankruptcy Court has no problem seeing the real issues. Here he is again stating that MERS has no standing and that MERS is confused as to whether it is acting in is own behalf or as agent for the note holder. He further makes it clear that the loan is not …

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MERS ARTICLE REVEALS INHERENT FLAWS

see FORECLOSURE_SUBPRIME_MORTGAGE_LENDING_AND_MERS1 Editor’s Note: This appears to be public domain. The article is excellent in its analysis of MERS. Here is the Table of Contents: FORECLOSURE, SUBPRIME MORTGAGE LENDING, AND THE MORTGAGE ELECTRONIC REGISTRATION SYSTEM Christopher L. Peterson* TABLE OF CONTENTS I. THE AMERICAN REAL PROPERTY RECORDING SYSTEM II. THE ORIGIN AND OPERATION OF MERS …

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Assignments to Non MERS Members Further Cloud Title

Your case should first be summarized by your securitization expert who relies upon the expert opinions of others as to underwriting, appraisal, mortgage brokers etc. Then those other experts come in. After that, the forensic analyst and homeowner come in to fill in the facts upon which the experts relied. But you build your case …

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Pro Se Litigant's Eloquence on MERS Split of Note and Mortgage

A pattern with Wells Fargo that we have seen is that they make the representation that they are the holder of the note and the investor,which is a blatant lie in most cases. Then AFTER they get the order they want, they admit that through “inadvertence” they misrepresented the facts to the court. Then they …

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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 …

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MERS Admits NO Interest in Mortgage and No Loss On Default

see MERS INSTRUCTIONS TO TRANSFER RIGHTS OPTION 1 MERS INSTRUCTIONS TO TRANSFER RIGHTS OPTION 2 PRECLOSING REG SHOWS PRE-KNOWLEDGE OF SECURITIZATION Arnold admitted MERS does not have a beneficial interest in any mortgage; does not loan money; does not suffer a default if monies are not paid; etc…the internal agreement used by MERS expressly disavows …

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How to Find “Who Owns The Note” – Who has an “Insurable Interest” !!!!

How to Find “Who Owns The Note” – Who has an “Insurable Interest” !!!! It is basic insurance law that in order to become named as a loss payee – that is, to get an insurance policy issued to you to indemnify you against loss – you have to have an “insurable interest.” MERS doesn’t …

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HERS INFO: Invalid Notarization?

How do we verify that the signatures purported to be those of the notorious fraudulent ”MERS’ employee, Marti Noreiga, is actually her signature? My docs with her signature do match others I’ve found but I have yet to verify that those are her valid signature. [Yep, Marti we know you REALLY work at LITTON/CBASS.] Also, …

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Verifying that the ‘Substitute Trustee’ is indeed a TRUST

BTW, I ask about verifying that the ‘Substitute Trustee’ is indeed a TRUST since I saw a post that made a point that any named ‘TRUSTEE’ must really be a TRUST. Quality Loan Servicing was nominated by Litton Loan Service’s employee (via MERS) as the Substitute Trustee in place of ReconTrust. I may have a …

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Marti Noriega Signor for MERS is Litton Employee

You referenced ‘one Noriega’ on a post today. May I presume that to be the ‘Marti Noreiga’ who has already been ‘outed’ for her signatures as a MERS employee when her own Facebook and Linkedln pages declare she is a Litton or CBASS employee (CBASS being the corporation that owns Litton)? Do we have any …

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Vermont Judge Sua Sponte Knocks Down MERS on Standing

“Plaintiff Mortgage Electronic Registration Systems, Inc.’s foreclosure action is DISMISSED for lack of standing. Accordingly, the Court’s Order, issued August 27, 2009, granting plaintiff’s Motion for Default Judgment against the defendants Frank and Ellen Johnston is VACATED. The dismissal of the foreclosure action is without prejudice as to allow the proper plaintiff to come forward.” …

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