Without a contract in writing executed with the formalities required for transfer of interests in real property, it is highly probable that any instrument executed on behalf of MERS means nothing without the necessity of drilling into the authority or knowledge of the signor. In fact, it might just be that the execution of an […]

Tags: agency, agent, MERS, naked nominee, Power of Attorney
Posted in Corruption, discovery, evidence, Fabrication of documents, foreclosure defenses, foreclosure mill, legal standing, Motions, Pleading, Servicer |

“Holder” vs “Agency” Thursdays LIVE! Click in to the The Neil Garfield Show Or call in at (347) 850-1260, 6pm Eastern Thursdays Tonight I will discuss the central point of of false claims of authority to enforce the note, and inferentially the authority to enforce the mortgage. In 2008, I called to confront a lawyer about the […]

Tags: agency, HOLDER, holder in due course, Neil Garfield Show
Posted in discovery, evidence, Fabrication of documents |

THE WASHINGTON SUPREME COURT DECISION WILL BE USED EXTENSIVELY AT THE EMERYVILLE AND ANAHEIM CLE WORKSHOPS. The Stunning clarity of the decision rendered by the Washington Supreme Court, sitting En Banc, corroborates the statements I have made on this blog and under oath that they might just as well have put the name “Donald Duck” […]

Tags: agency, Anaheim, Bain, beneficiary, credit bid, creditor, Deutsch Bank as trustee, emeryville, INDYMAC, MERS, perfected lien, principal and agent, servicers, TRUSTEES, Washington Supreme Court, wrongful foreclosure
Posted in bubble, Corruption, Eviction, securities fraud |

COMBO Title and Securitization Search, Report, Documents, Analysis & Commentary STATUS OF 50% OF ALL MORTGAGES NOW QUESTIONABLE BLOOMBERG: U.S. Bankruptcy Judge Robert E. Grossman in Central Islip, New York, in a decision he said he knew would have a “significant impact,” wrote that the membership rules of the company’s Mortgage Electronic Registration Systems, or […]

Tags: agency, MERS, MERS Commercial
Posted in bubble, Corruption, Eviction, securities fraud |

SERVICES YOU NEED AUTHORITY AND AGENCY In “Fair Game” Gretchen Morgenson continues to unravel the failing process of “saving homes” while the world ignores the simple truth that legally the homes are in no jeopardy but for the pranks and illusions created by the pretender lenders. There is no valid foreclosure, auction, mediation, modification, short-sale, […]

Tags: agency, Auction, authority, foreclosures, mediation, modifications, satisfaction of mortgage, short-sale
Posted in bubble, Corruption, Eviction, evidence, expert witness, foreclosure mill, Modification, Motions, Pleading, securities fraud, Servicer |

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 […]

Tags: agency, ARIZONA, Arizona statutes, beneficiary, credit bid, DEED OF TRUST, judicial sale, MERS, nominee, NON-JUDICIAL SALE, principal, UNDISCLOSED PRINCIPAL, VIOLATION OF STATUTE, VOID, VOIDABLE
Posted in Corruption, Eviction, securities fraud |

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 […]

Tags: agency, assignment of mortgage, assignment of note, Bank of America, Carpenter v Longen, DEED OF TRUST, MERS, splitting note and mortgage, Supreme Court, trustee, U.S. Bank
Posted in bubble, Corruption, Eviction, securities fraud |

OK, I admit it, I didn’t know what it was either. But someone of higher linguistic ability than me referred to it as though I knew what it was. So I looked it up and sure enough it not only was appropriately used by him, it is the BEST word to describe the relationship between […]

Tags: agency, conspiracy, foreclosure defense, foreclosure offense, procuration
Posted in Eviction |