NOW AVAILABLE OF AMAZON/KINDLE! EDITOR’S NOTE:MY WIFE WILL KILL ME IF SHE FINDS OUT I’VE BEEN WORKING. SHHHHHHHHH. This news is irresistible. MERS is all but dead with this single decision (see below). Here are the salient points:   MERS is not a beneficiary even if the mortgage deed or deed of trust states […]

Tags: affifrmative defenses, allonge, assignment, bankrupty, beneficiary, cloud on title, DEED OF TRUST, defenses, discovery, interrogatories, invalid deed of trust, invalid mortgage deed, Investigation, lack of standing, lawsuit, MERS, money judgment, mortgage deed, motion for contempt, motion to lift stay, motion to strike pleadings, motion tocompel, notice of deposition, real financial interest, request for access, request for admissions, request toproduce, RESPA, standing, TILA, unsecured loan, unsecured obligationunsecured note, void deed of trust, void mortgage deed
Posted in bubble, Corruption, Eviction, securities fraud |

Thank You ABBY! This post is from Abby. You can catch her email in comments where she originally posted. Just one word of caution: Just because the Trustee or officer of the SPV pool claims to have your loan doesn’t mean they really do. In fact they may only have a spreadsheet with no documentation, […]

Tags: AGGREGATOR, allonge, assignment, Chase, CIK number, COK, DEED OF TRUST, fwp, JP Morgan Acquisition Corp, JPMAC, MERS, mortgage backed bonds, officer, original note, pool, pooling and service agreement, Power of Attorney, PSA, SEC, SPV, trust, trustee, WAMU, Washington Mutual
Posted in bubble, Corruption, Eviction, securities fraud |

NOW AVAILABLE ON AMAZON KINDLE! MERS and Countrywide v Agin Trustee D Ct Mass Aff’d B Ct on Avoidance Mtg 20091117 NOTE FROM EDITOR SEEKING HELP: Rumor has it San Diego has stopped all foreclosures. I need this corroborated or debunked quickly. Can I get a little help here? The case in this POST comes […]

Tags: audit, countrywide, disclosure, expert, expert witness, fabricated documents, foreclosure defense, foreclosure offense, forensic analyst, forensic review, forged documents, Massachusetts, MAX GARDNER, MERS, MERS v Agin, Mortgage Avoidance, mortgage securitization, securitization, title insurance, TRO, trustee
Posted in bubble, Corruption, Eviction, securities fraud |

This is what Mr. Robert E. Bostrom, Executive Vice President, General Counsel & Corporate Secretary of Freddie Mac had to say to the Supreme Court Task Force on Foreclosures. “Recommendation regarding verification of “ownership” of the mortgage” “The Task Force has recommended a requirement for a plaintiff in a foreclosure action to verify that it owns […]

Tags: bankruptcy, borrower, disclosure, foreclosure defense, foreclosure offense, fraud, MERS, mortgage meltdown, securitization, trustee
Posted in bubble, Corruption, Eviction, securities fraud |

Several comments have been posted in addition to other information about MERS which is bringing the entire MERS issue over the brink of the absurd. Who, what where is MERS? Write in with your MERS stories. Take note that we are dealing with at least four entities that I am now aware of —MERS, MERSCORP, […]

Tags: CALIFORNIA, Florida, Inc., MERS, MERSCORP, Minnesota, Mortgage Electronic registration Systems, Ohio
Posted in bubble, Corruption, Eviction, securities fraud |

all we have left is the obligation, unsecured and subject to counterclaims etc. MOST IMPORTANT procedurally, it requires a lawsuit by the would-be forecloser in order to establish the terms of the obligation and the security, if any. This means they must make allegations as to ownership of the receivable and prove it — the […]

Tags: chain of title, disclosure, evidence, foreclosure defense, foreclosure offense, fraud, investors, lenders, MERS, Obligation, securitization, Signatures, trustee
Posted in bubble, Corruption, Eviction, securities fraud |

  NOW AVAILABLE ON AMAZON KINDLE “The real party in interest in relief from stay is whoever is entitled to enforce the obligation sought to be enforced. Even if a servicer or agent has authority to bring the motion on behalf of the holder, it is the holder, rather than the servicer, which must be […]

Tags: automatic stay, bankruptcy, borrower, Chapter 13, Citimortgage, disclosure, Eviction, Fieldstone Mortgage Investment Trust, foreclosure defense, foreclosure offense, HSBC, Litton Loan servcing, MERS, securitization, trustee
Posted in Eviction |

LOOK CAREFULLY AT EXHIBITS CONTAINING MERS ADVERTISING TO LENDERS LOOKING TO TRANSFER NOTES AND MORTGAGES see mers-membership-information-reveals-index-to-securitization-and-investors-allegation-that-mers-is-authorized-or-even-nominal-beneficiary-is-false washington-state-buse-vs-first-american-title-greenpoint-rescomm-mers-amended-complaint-well-written-look-carefully-at-exhibits-containing-mers-advertising-to-lenders-looking-to-tra mers-explained-by-aurora-lawyers exhibits-motion-and-temp-restraining-order-granted From the attached amended complaint. That Deed of Trust (“DOT”) contained a false representation on its face when it represented that Defendant MERS was a beneficiary under the DOT. Paragraph (E) States that “MERS is […]

Tags: borrower, disclosure, foreclosure defense, foreclosure offense, fraud, Lender Liability, MERS, Mortgage, predatory lending, quiet title, rescission, securitization, trustee
Posted in bubble, Corruption, Eviction, securities fraud |

James Henderson, Nevada Editor’s Comment: At the heart of the entire mortgage meltdown is identity theft by the banks and investment banks. They take your identity, merge it with the identities of thousands of other people and sell it to investors under false pretenses leaving you holding the bag not knowing who to pay or […]

Tags: foreclosure defense, foreclosure offense, identity theft, MERS
Posted in bubble, Corruption, Eviction, securities fraud |

Case for Discussion at Foreclosure Workshop on 9/4/08 in Santa Monica King’s County Case: Editor’s Note: For those who are dubious about the legal positions and theories suggested in this blog, this case will be at least somewhat instructive. It is not just a technicality. It is reality. Nobody on the lender’s side can actually […]

Tags: 14th Amendment and Due Process, Deutsch Bank, foreclosure defense, Goldman Sachs, HSBC, jurisdiction, KINGS COUNTY, MERS, Ocwen
Posted in Eviction |