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 […]

Tags: Bellistri case, Bellistri v Ocwen Loan Servicing, beneficiary, borrower, Certainty, creditor, DEED OF TRUST, defect in title, DOT, enforceability, HERS, MERS, Moral Hazard, multiple parties, nominee, note, Obligation, Ocwen, Payee, quiet title suit, release and reconveyance, Restatement 3rd, SEPARATION OF DEED OF TRUST FROM NOTE, unmarketable
Posted in Corruption, Eviction, expert witness, foreclosure mill, Modification, securities fraud, Servicer |

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 […]

Tags: assignment, Aurora, Bellistri, Bellistri v Ocwen Loan Servicing, beneficiary, BNC, Case Decisions, DEED OF TRUST, derivative mortgage-backed securities, HERS, HOLDER, jurisdiction, Lehman, MERS, Mo App.20100309, Mortgage Electronic Registration System (MERS), note, Ocwen Loan Servicing, Phillip Gebhardt, quiet title, REAL PARTY IN INTEREST, splitting note and mortgage, standing
Posted in bubble, Corruption, Eviction, expert witness, securities fraud, Servicer |