It is in court that the “loan contract” is actually created even though it is a defective illusion. In truth and at law, placing the name of the originator on the note and/or mortgage was an act of deceit. In a singular sweep of making public policy as opposed to following it, the Courts have […]

Tags: "the loan", assignment, endorsement, loan contract, Mortgage, mortgagee, mortgagor, nominee, note, Payee, TRUTH
Posted in Uncategorized |

The National Association of Independent Land Title Agents (NAILTA) has released a white paper on the recent troubles with the Mortgage Electronic Registration Systems (MERS) mortgage registry and a position statement in favor of the premise behind a bill sponsored by Representative Marcy Kaptur (D-OH) known as H.R. 6460, or the “Transparency and Security Mortgage […]

Tags: DinSFLA, Fannie MAe, foreclosure fruad, Freddie Mac, ginnie mae, H.R. 6460, loans, Marcy Kaptur, MERS, MORTGAGE ELECTRONIC REGISTRATION SYSTEMS INC., NAILTA, National Association of Independant Land Title Agents, nominee, Rep. Marcy Kaptur (D-Ohio), stopforeclosurefraud.com, Transparency and Security in Mortgage Registration Act of 2010, white paper
Posted in bubble, Corruption, Eviction, securities fraud |

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 |

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 |

I was looking at an assignment signed by Margaret Dalton, “Vice President”, Mortgage Electronic Registration Systems, Inc (MERS) “as nominee” for “Hoecomings” (sic) Financial Network, Inc. with an execution date of March 5, 2010 and a notarization date of the same date, notarized by D. Pakusic in Duval County, Florida, naming United Independent Title as […]

Tags: 2010, 2112 Business Center Dr., 92612, access procedure, as evidence of the underlying obligation, assignments, authority to sign, CALIFORNIA, California Statutes, chain of title, County of Los Angeles, creditor, D. Pakusic, Dalton, data entry and retrieval system, DEBTOR, DEED OF TRUST, DOT, Duval County, Florida, Florida Statutes, HERS, HFN, identity of the creditor, Inc., Irvine, IT platform, JP Morgan Chase Bank National Association, Malcolm-Cisneros, March 5, Margaret Dalton, MERS, MERS disclaiming, MERSCORP, Mortgage Electronic registration Systems, necessary parties, nominee, notarization, note, oath administered is invalid, Obligation, origination of the loan, ownership of the note, Public records, Recording laws, security instrument, signature and stamp, source of funds, Trustor, United Independent Title, unknown sources of funds, vice-president
Posted in bubble, Corruption, Eviction, expert witness, foreclosure mill, securities fraud, Servicer |

Vargas_MTD_Tentative1 Judge Buford in Bankruptcy Court has no problem seeing the real issues. Here he is again stating that MERS has no standing and that MERS is confused as to whether it is acting in is own behalf or as agent for the note holder. He further makes it clear that the loan is not […]

Tags: bankruptcy petition, foreclosure, foreclosure sale, Judge Buford, MERS, mortgage note, nominee, note holder, sale, standing
Posted in bubble, Corruption, Eviction, securities fraud |

“Plaintiff Mortgage Electronic Registration Systems, Inc.’s foreclosure action is DISMISSED for lack of standing. Accordingly, the Court’s Order, issued August 27, 2009, granting plaintiff’s Motion for Default Judgment against the defendants Frank and Ellen Johnston is VACATED. The dismissal of the foreclosure action is without prejudice as to allow the proper plaintiff to come forward.” […]

Tags: 3-205(b), 3-301, 3-308, 3-309, 3-418, bare legal title, BURDEN OF PROOF, HOLDER, indorsement in blank, MERS, nominee, proper plaintiff, standing, transferee, transferor
Posted in bubble, Corruption, Eviction, securities fraud |

“Reducing the loan’s principal balance is more valuable because it lowers monthly payments and restores equity. Various studies show that having equity also reduces the likelihood of redefault on a modified loan. It’s not just the moral thing to do. It also would help avoid the spillover effects of the next expected round of defaults. […]

Tags: creditor, lender, mortgage modification, nominee, principal reduction, servicer
Posted in bubble, Corruption, Eviction, securities fraud |