Archives by Tag ' MERS '
The beloved cartoon character is registered by copyright. the MERS entity is registered as a corporation. Neither one ever owned any debt, note or mortgage, directly or indirectly. Neither one serves as agent of any “successor” to the “originator/Lender” on any residential mortgage loan. Decisions in Maine mirror the issues across the country. MERS is […]
Most people do not have a clear understanding about Quiet Title, because it means one thing to them and another thing in court. The common misconception about quiet title is that it is a thing that just happens, like the result of a magic bullet. In fact quiet title is a court process that begins […]
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 […]
“In order to have standing to foreclose a mortgage, a party ‘must own or control the underlying debt.’” New Jersey litigants need look no further. In fact, in every other state of the U.S. you will find the same decisions each quoting from several other to the same effect. Courts across the country have usually […]
It is NOT enough to ALLEGE standing. They must PROVE it. Judges across the country are making mistakes with this simple concept. Standing to SUE is presumed if you allege (in words or by incorporation of exhibits) that you have it. Possession of the “original note” can be alleged but at trial the foreclosing party […]
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 […]
If only all courts would entertain the possibility that everything presented to them should be the subject of intense scrutiny, 90%+ of all foreclosures would have been eliminated. Imagine what the country would look like today if the mortgages and fraudulent foreclosures failed. The Banks say that if the mortgages failed they all would go […]
Judges may be biased in favor of “national security” (i.e., protecting the banks), but they have a surprisingly low threshold of tolerance when they are confronted by the bank’s argument that they don’t have to accept the money and that it is the bank’s option as to whether to accept the money or proceed with […]
“reapplying the “signature images” upon stored copies.” I have obtained confirmation from a large bank vendor (Visionet Systems, Inc.) that it rectifies “lost notes” by reapplying the “signature images” upon stored copies. —- Bill Paatalo, December 10, 2016 Kudos to Bill Paatalo who has quantified and identified what I have been talking about for years […]
Lehman had nothing to do with the loan even at the beginning when the loan was funded, it acted as a conduit for investor funds that were being misappropriated, the loan was “sold” or “transferred” to a REMIC Trust, and the assets of Lehman were put into a bankruptcy estate as a matter of law. […]
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