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 |

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 |

see FORECLOSURE_SUBPRIME_MORTGAGE_LENDING_AND_MERS1 Editor’s Note: This appears to be public domain. The article is excellent in its analysis of MERS. Here is the Table of Contents: FORECLOSURE, SUBPRIME MORTGAGE LENDING, AND THE MORTGAGE ELECTRONIC REGISTRATION SYSTEM Christopher L. Peterson* TABLE OF CONTENTS I. THE AMERICAN REAL PROPERTY RECORDING SYSTEM II. THE ORIGIN AND OPERATION OF MERS […]

Tags: Debt Collection, FDCPA, Federal fair Debt Collection Practices Act, MERS, mortgage market, recording, standing, title
Posted in bubble, Corruption, Eviction, securities fraud |

Editor’s Note: Looking further down the road, when the Ponzi aspect of the Mortgage Meltdown is fully revealed, it will become obvious that both yield spread premiums and the proceeds of credit default swaps, insurance and federal bailout are subject to claims by homeowners. The Trustee’s conclusion as affirmed by the Judge’s ruling in the […]

Tags: accounting, bailout, credit-default swap, Daid J. Sheehan, damages, Diana B. Henriques, distribution, insurance, Judge Lifland, Madoff, Ny Times, Picard, Ponzi, SEC, SIPC, standing, Stephen P. Harbeck, TILA, trustee, yield spread premium
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 |

Dist Ct. Case No. 2-09-CV-00661-KJD-L Bankr. Ct Case No. BK-S-07-16645-LBR MERS_Hawkins-DistCtAffirmsBK Appeal by MERS from Bankruptcy Court decision denying MERS’ motion for lift of automatic stay in 18 cases. Affirmed by District Court. The significance of this decision is that it gives a simple explanation for the findings by dozens of other judges. Here are […]

Tags: bankruptcy court, MERS, motion to lift stay, realparty in interest, standing
Posted in bubble, Corruption, Eviction, securities fraud |

  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 |

  IN THE SUPERIOR/CIRCUIT COURT OF THE CITY OF xxxxxxxxx LOCATED AT xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx OF THE COUNTY OF xxxxxxxxxxxxx OF THE STATE OF xxxxxxxxxxxxxxxxxxxx. Your Name   VS Trustee Name 1st Mortgage Name 2d Mortgage Name   VERIFIED EMERGENCY MOTION TO SET ASIDE JUDGMENT, CANCEL SALE AND DISMISS ACTION FOR FAILURE OF JURISDICTION AND LACK OF […]

Tags: Cancel sale date, Emergency Motion, Emergency Petition, foreclosure defense, mediation, standing, TILA, Vacate foreclosure judgment, vacate judgment eviction
Posted in bubble, Eviction |

“This is not about mismanagement of a hedge fund. It is about premeditated lies to investors and lenders” – Mark Mershon, head of New York FBI office, after the arrests of two former Bear Stearns managers on conspiracy and fraud charges. Picked these up from foreclosureslam.com. The first point that the lender might not have […]

Tags: borrowers, courts, judges, lenders, motions, standing
Posted in Eviction |