Mar 22, 2017
Foreclosure defense for Home

By The LendingLies Team

A Surprising Discovery in a California Appeal

In a recent California foreclosure appeal, a homeowner’s attorney obtained a routine MERS corporate disclosure statement. What seemed ordinary at first turned into a bombshell:

  • MERS was listed as owned by a holding company, Maroon Holding, LLC.

  • Maroon was more than 10% owned by Intercontinental Exchange, Inc. (ICE).

  • ICE is the same entity that purchased the New York Stock Exchange (NYSE).

This raised immediate red flags. Why would the infrastructure of American stock trading also own the mortgage system used to foreclose on millions of homes?


ICE, MERS, and Wall Street Power

The attorney discovered:

  • ICE purchased the NYSE for roughly $8 billion — now worth $11 billion, profits fueled by foreclosures and currency devaluation.

  • ICE also claims ownership of MERS, contradicting Maroon’s stated ownership.

  • ICE itself is traded on NASDAQ, where institutional shareholders include BlackRock, Bank of America, Goldman Sachs, Wells Fargo, Citi, T. Rowe Price, Fannie Mae, Freddie Mac, and many others.

In other words: virtually every major Wall Street and government player is invested in ICE, and by extension, in MERS.


The Shell Game of Ownership

Ownership is buried in layers of Delaware corporations, mergers, and name changes. No single party holds more than 10% (avoiding disclosure rules).

This shell game:

  • Makes it nearly impossible to identify the true creditor.

  • Protects banks and servicers from discovery in court.

  • Ensures that homeowners, attorneys, and even judges cannot determine who really owns the debt.


How Banks’ Attorneys Exploit This Confusion

In the California case:

  • Multiple law firms rotated in and out, each claiming to represent different entities.

  • Nine months into litigation, the lender admitted it had been representing the wrong party.

  • Lawyers often cannot state who retained them or confirm client contact — yet courts accept their claims as fact.

This “obfuscation strategy” allows banks to push foreclosures with pseudo-parties, shell trusts, and fabricated documents that would never pass in any other type of litigation.


Why This Matters for Homeowners

When even the attorneys, judges, and banks can’t identify the real creditor, homeowners face:

  • Slander of title

  • False claims and fraud on the court

  • FDCPA violations

  • Unconscionable foreclosure actions

  • Cases filed by parties with no standing

Yet courts often ignore these issues, allowing fabricated evidence and false affidavits to push foreclosures through.


What This Means for Foreclosure Defense

Homeowners must recognize:

  • MERS and its owners operate as layers of insulation for Wall Street banks.

  • The “true creditor” is rarely identified — because it often does not exist in the form presented.

  • Courts are conditioned to assume the plaintiff is legitimate, even when the record shows otherwise.

Defense strategies should focus on:

  • Challenging standing at every stage.

  • Demanding identification of the true creditor.

  • Exposing false representations, shell companies, and forged documents.


Conclusion

The revelation that Intercontinental Exchange (ICE) — owner of the NYSE — also controls MERS, ties the foreclosure machinery directly to Wall Street’s most powerful institutions.

This ownership web explains why fabricated documents and pseudo-parties dominate foreclosure cases — and why homeowners must aggressively challenge standing and demand transparency.

Stay updated as more details about MERS ownership are released at LivingLies.


⚖️ Bottom Line: If you’re facing foreclosure and MERS is involved, do not assume the plaintiff is legitimate. Work with an experienced foreclosure defense attorney near you to expose ownership games and protect your rights.

Neil Garfield will provide more information on the MERS ownership issue in the next several weeks. Stay up to date at LivingLies.


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