(BREAKING NEWS) — (OP-ED) — The author of this post has learned that a GoFundMe account has been set up on behalf of Dan and Darla Robinson to take on the baby bastard child known as Mortgage Electronic Registration Systems, Inc. (who also uses the name “MERS”) in tens of millions of mortgages and deeds of trust recorded in county land records all across the United States.
At issue is whether or not MERS is actually a valid “beneficiary” as it claims to be under the Deed of Trust Act in the State of California. A ruling by the U.S. Supreme Court to the contrary would totally upset the MERS® System’s flawed business model. Under Restatement of Mortgages, Third § 5.4, MERS does not comport to any tenet of being a beneficiary, let alone a nominee.
As a nominee AND a beneficiary, it’s like saying that someone is claiming to be a “lender” AND “claiming to be the lender’s agent at the same time”. There is a fallacy with that statement, as MERS loaned nothing, benefits from nothing, receives no payments from borrowers, suffers no financial harm in the event of default, receives no proceeds or benefit as the result of a foreclosure, and certainly cannot act as an agent of any lender without proof of agency, which MERS never provides. To the contrary, all MERS does is hide behind judge’s robes that it may have had a hand in “paying off”, as most judges I’m aware of are pro-bank.
Either the judges are ignorant or blind to what is really going on, or in the alternative, have been given marching orders to the contrary when it comes to doing what is right, based on the false assumption that if the MERS® System were to fail that it would “upset” the system of things. This is a false assumption. If the flaw were to be abated, the lenders, whether defunct or not, would have to pony up the proper paperwork. A lot of the false and misrepresentative declarations exist in assignments that have been recorded in every county in America because the servicers are using the MERS® System business model to hide behind the truth.
I endorse any action to abolish or put a finite leash on the MERS® System in any way possible; thus, I support what the Robinsons are doing in its fundamental nature.
You can read more information about the account and donate to the cause by clicking the following link: https://www.gofundme.com/save-the-homeowners
Thank you … and we pray that the actions taken here make a difference.