MERS Cover-Up of REAL INVESTOR

More and more authorities are holding that in order for a claimant to prove itself to be the real party in interest to support a proof of claim or motion for relief from stay in bankruptcy, as well as to prove itself to be a holder in due course, they have to prove the entire chain of “ownership” and “holdership” of the Note complete with proof of “value paid to purchase the note ownership.” —  Lane Houk

Thanks to Ron Ryan

Editor’s note: If you really think about it there is no reason for MERS to exist EXCEPT to hide transactions under a veil of a “private” association of members, sidestepping the recording statues of every state and fooling Judges, Lawyers and homeowners around the state. Ron came up with the suspicion that Wells Fargo, HSBC and others were posting false entries on ownership of the note so as to dissuade homeowners from a “real party in interest” challenge.

He’s right and the information is starting to pop up showing this pattern of deceit, as you can see from the exchange below and MERS report below. Finding the creditor is this vast array of players is a task that must not be overlooked.

It’s just another example of why “auditors” and “analysts” need to include a complete review and research of the chain before they come to any conclusions about the TILA Report. These factors have a deep impact on APR, undisclosed fees and parties, and a host of other issues that are missed by most TILA Audits.

Brad Keiser’s Forensic Analysis Workshop will show you how to perform this analysis and research. If you are not already well versed in the securitization process and its impact on the mortgage, note, obligation and closing documents, you need to attend this workshop before you send out any more reports without referencing these factors.

——————————————————————–

Ronald Ryan: [It is highly probable] that HSBC, Wells Fargo and some others have come up with an extra creative way to hide the fact that a Note has been pooled into a MBS Pool. As many know, if one is able to obtain the MERS Milestone History and MERS Min Summary there is a great wealth of useful information. These documents are available online, but not to the public. It is not always easy to obtain these. Also, the information that is even on this is not perfect. The information that is shown depends on the information provided by the MERS Membership. I think that HSBC, Wells and others routinely list loans in which they are the Servicer as showing they are both Servicer and Current Investor. In other words, they publish on these secret data bases that they actually own and hold the Note in their own right, when they are really only the Servicer and the Note is pooled just like in every other instance of a Note executed between 2001-early 2008. The idea is that they know that attorneys for borrowers may obtain these documents, and this may dissuade an attack on their “real party in interest” status.

RONALD RYAN
ATTORNEY AT LAW
RONALD RYAN PC
1413 E HEDRICK DRIVE
TUCSON AZ 85719
(520)298‐3333
(520)743‐1020 fax
ronryanlaw@cox.net
http://www.ronryanlaw.com
MILESTONES for 1000302-0055800082-2
Description Date Initiating
Organization / User Milestone Information
Foreclosure Status
Update
11/27/2007 1000115 CitiMortgage, Inc. MIN Status: Active (Registered)
Foreclosure Status: Foreclosure
Pending (option 2), retained on
MERS
Quality Review: Y
Batch
Transfer of Flow
TOS/TOB
Servicing Rights
10/17/2005 1000302 Cherry Creek Mortgage Company,
Inc.
MIN Status: Active (Registered)
New Investor: 1000115
CitiMortgage, Inc.
Old Investor: 1000302 Cherry
Creek Mortgage Company, Inc.
Batch Number: 2785251
Transfer Date: 10/14/2005
Christy Martin
Transfer of Flow
TOS/TOB
Servicing Rights
10/17/2005 1000302 Cherry Creek Mortgage Company,
Inc.
MIN Status: Active (Registered)
New Servicer: 1000115
CitiMortgage, Inc.
Old Servicer: 1000302 Cherry
Creek Mortgage Company, Inc.
Batch Number: 2785251
Sale Date: 10/14/2005
Transfer Date: 10/14/2005
Christy Martin
Release Interim
Funder Interests
10/14/2005 1000108 GMAC Bank (1) MIN Status: Active (Registered)
Old Interim Funder: 1000108
Batch GMAC Bank (1)
Registration 10/03/2005 1000302 Cherry Creek Mortgage Company,
Inc.
MIN Status: Active (Registered)
Servicer: 1000302 Cherry Creek
Batch Mortgage Company, Inc.
Page 1 of 1
https://www.mersonline.org/mers/mininfo/minviewmiles.jsp?aux=A968006867765676A
RONALD RYAN
From: RONALD RYAN [ronryanlaw@cox.net]
Sent: Sunday, March 07, 2010 7:02 AM
To: ‘Lane Houk’
Subject: MERS RE: QUESTION AND REQUEST FOR FEEDBACK
Attachments: image001.png; image002.gif
Thank you. That is very helpful. As to discovery on MERS, do you mean a subpoena or a request for production? I have
had them ignore subpoenas. Do you have a ruling on enforcement of a request for production against them, if they are not named? Also, see below. If you would like a copy of my latest briefing on the relevant issues, I would be happy to provide it to you for the assistance you provided. Thanks again.
RONALD RYAN
ATTORNEY AT LAW
RONALD RYAN PC
1413 E HEDRICK DRIVE
TUCSON AZ 85719
(520)298‐3333
(520)743‐1020 fax
ronryanlaw@cox.net
http://www.ronryanlaw.com
From: Lane Houk [mailto:Lane@thePatriotsWar.com]
Sent: Sunday, March 07, 2010 6:19 AM
To: ‘RONALD RYAN’
Subject: RE: QUESTION AND REQUEST FOR FEEDBACK
Ron,
Your suspicions are correct. See attached milestone report… Citimortgage is listing itself as Servicer and Investor.
Citimortgage does not invest in the loans. At the very least, the owner is Citibank but more likely a private trust or public trust since the loan is a jumbo.
Also, another thing to note on this report is the 10/14/2005 milestone… “Release Interim Funder Interests” naming GMAC Bank as the Interim Funder. On this transaction, GMAC Bank was never named in any document, no disclosure,
nothing. Cherry Creek Mortgage Company was supposedly the “Lender” in this transaction and is listed on HUD‐1 as lender, was the entity which disclosed under the TILA.
The “Lender” on the Note and DOT is never the actual source of funds. Is it your position that TILA requires that the actual source of funding be disclosed?
When we got this milestone report, it prompted specific discovery for all bailee agreements subject to this transaction; still waiting on that. There will also be a break in chain of title since the only assignment they’ve ever produced/recorded is from MERS to Citimortgage.
When you say break in the chain of title, you mean break in the chain of ownership of the Note? More and more authorities are holding that in order for a claimant to prove itself to be the real party in interest to support a proof of claim or motion for relief from stay in bankruptcy, as well as to prove itself to be a holder in due course, they have to prove the entire chain of “ownership” and “holdership” of the Note complete with proof of “value paid to purchase the note ownership.”
2
Lastly, you can get these milestone reports through discovery served on MERS regardless if they are named.
Hope this helps,
Lane Houk, CLA
National Institute of Consumer Advocacy, LLC
Consumer Debt Analyst & Investigator

Tags: brad keiser, chain of ownership, creditor, forensic analysis, Lane Houk, MERS, MIN report, real investor, REAL PARTY IN INTEREST, Ron Ryan
Posted in bubble, Corruption, Eviction, securities fraud |