BREAKING NEWS, OP-ED —
On May 22, 2017, the United States Supreme Court declined to hear the matter of Daniel and Darla Robinson vs. Mortgage Electronic Registration Systems, Inc. and MERSCORP Holdings, Inc. All the issuing order said is: PETITION DENIED. The nation’s highest court does not have to give a reason for doing so. In fact, out of all of the cases that were taken into consideration, only one case was accepted (having to do with a dispute between a large corporation and and small corporation). This hardly seems like much considering the magnitude of repercussions surrounding the 9th Circuit Court of Appeals’ lame decision in favor of MERSCORP and its baby bastard child, Mortgage Electronic Registration Systems, Inc.
As a courtesy, to those who are NOT in the know, I am providing you with the goods, so America can see where it has been truly f**ked:
2017.03.15 Petition for Writ of Certiorari (Robinson)
2017.04.17 Respondents’ Brief In Opposition (MERS)
2017.04.28 Petitioners’ Reply Brief (Robinson)
What this means?
According to the U.S. 9th Circuit, if MERS (not to be confused with Mortgage Electronic Registration Systems, Inc.) is listed on your mortgage or deed of trust document, you have to notice them as part of a quiet title proceeding, otherwise, you violate their due process rights to notice.
The 3-1/2 page ruling by the 9th Circuit was a total disappointment, not just to the Robinsons, but to America as well.
The repercussions are mind-blowing!
The U.S. Supreme Court filing (the Robinson’s Writ of Certiorari) is now a matter of public record. This, MERS and its baby bastard child cannot get away from. Congress will now study this Writ, as I anticipate it’s going to be circulated all over the place, especially at Sen. Elizabeth Warren’s camp. If anyone has a hard-on for the banks and MERS, it would be her.
There is such a conflict between the federal circuits and the state supreme courts, the repercussions boggle the conscience. To date, the only “injury-in-fact” MERS and its “shell corporation”, Mortgage Electronic Registration Systems, Inc. can claim, is that they were “injured” to the value of the mortgage loan. OMG! MERS nor Mortgage Electronic Registration Systems, Inc. never loaned anyone any money!
But wait, they’ve never actually had to prove that injury anywhere in any case I’ve ever read up on!
In fact, the federal courts, especially in Robinson, let them get away with NOT proving an “injury-in-fact”. There is nowhere in the Robinson’s deed of trust where it says that MERS was entitled to notice. To the extreme, the Tennessee Supreme Court, in the Ditto decision, gutted the MERS business model like a chicken:
MERS v DITTO_TN Supreme Court rules against MERS!
You can bet that MERS’s PR machine will glorify itself with another “win” over this, just another way to promote its business model to its members, that such a model can even sustain a denial of a Writ to the Supreme Court!
I say … we may have lost the battle, but not the war. This “war” is not over yet. There are still criminal aspects to consider …. not just both civil and criminal conspiracy to steal real property from millions of Americans. The business model that MERS has touted as so wonderful in saving its “members” time and money is really just another way for mortgage loan servicers to hide their misdeeds. There is still a movement afoot to get the matter involving the OSCEOLA COUNTY FORENSIC EXAMINATION in front of a grand jury. We’re not done there yet.
I maintain that Osceola County (per se) and its insurer does not want this matter before a grand jury because the county will be found civilly liable for tens of millions in damages for illegal evictions of homeowners wrongfully foreclosed upon because of the bogus, self-serving documents recorded in person, as well as by mail and electronic transmission (mail fraud, wire fraud). For those of you who know me, you know I know what mail fraud and wire fraud is. I am not going to gratify MERS by elaborating on that thought and it doesn’t matter anyway because it doesn’t involve the theft of your home. Bogus document manufacturing is still ongoing and it needs to be stopped.
I personally don’t give a rat’s ass what MERS and its stockholder Wall Street-based corporations think. My belief is that what they’ve done is create a vehicle for servicers and their employees to manufacture documents to give themselves standing to steal property because none of the servicers (or the lenders who agreed to allow them to collect mortgage loan payments) follow the rules. The MERS® System is simply a platform for the servicers to post whatever they want to post to mislead the borrowers into believing one thing, when in fact, the matter is something totally different. Not only does MERS NOT know what is in its system at any given moment, it has aligned itself with Wall Street to bolster its assets and financial soundness.
The Emperor still has no clothes!
No one has ever challenged MERS’s agency relationship to its finite end. Sure, some judges have taken it upon themselves to posit opinions about the lack of such. Just because it say that the Borrower agrees that MERS is this or MERS is that, does not make it so. The Borrower has no direct agency relationship with MERS, but allegedly, the Lender does. This also, has NEVER been proven in a court of law because the judges don’t insist on it because the Borrowers’ attorneys never bring it up!
Most Borrowers have no idea that when they see the term “MERS” used, it means MERSCORP Holdings, Inc. (the real “electronic agent”). This is all part of the crafty wordsmithing that Robert M. Janes, J.D. wrote about in his paper, SHELLGAME MERS, Contrived Confusion. But do most attorneys read this work. Hell no! They think they know it all about MERS when in fact, they know NOTHING! Not one goddamn thing do they get right in compelling MERS to answer the meaning of Rule 1, § 1 of its own Rules (2009 edition). If you don’t believe me, look at what happened in the In re Kunze case in the Kansas bankruptcy court!
I am convinced that the U.S. Supreme Court will lightly tread upon MERS and the financial institutions because the courts and Congress are bought and paid for by the banking cartels. All of this congressional testimony is nothing more than a charade before the American people to make them think something is being done when in fact, nothing is being done. It’s all a 3-ring circus in DC, including inside the Supreme Court. Don’t think for one minute that the pensions and retirement funds of the 9 Supreme Court justices aren’t vested in RMBS’s.
When the banks own the system, Americans have been enslaved if they have borrowed so much as one nickel from any of them!
The word “mortgage” means, “payments until death”. It was structured that way for a reason. The Robinson case will not be the first case of its kind brought up for consideration to the U.S. Supreme Court. Sadly, I predict the nation’s highest court will ignore those cases too. This is the Court that the “will of the people” now have to deal with … a highly-politicized bench.
The banks are so powerful that they will continue to exist until Congress regulates them out of existence or in the least, busts them up into manageable pieces. As long as the flow of funds by banking lobbyists into Congress through various foundations and trusts continue to bribe those claiming to “serve the will of the people”, the will of the people will never be served.
However, the servicers and their employees are entirely another matter. America has been dealing with servicer fraud for over a decade now. There is no intent (by me or anyone else) to take down the major banks. After all, the banking cartels have written legislation in place (12 U.S.C.) to protect them, insured by another corporation (31 U.S.C.) to convince a sleeping populous that their deposits are insured. What a joke! Corporatism at its finest, folks!
The servicers and their minions … and MERS … are my personal targets!
This is what the Osceola County Forensic Examination truly exposed. No government prosecutor wants to go after them because they will be hit with, “we cannot afford to take down the banks”. This is total bullshit. Look at what has happened with Ocwen (that’s NEWCO spelled backwards), post-April 20th. I just completed a 50-page research paper on Ocwen and it has opened my eyes to the fact that we have a servicer here that has admitted to the U.S. Government that borrowers are not in default if they miss making their mortgage payments. Ocwen’s CEO (Ron Faris) has admitted that it makes the payments for them! When it runs out of money in one area of accounting, it robs it from another area to “make things work”. Therefore, the REMICs that come into court (really the Servicers claiming to represent the REMICs) did not suffer an “injury-in-fact” because the Servicers continue to make the Borrowers’ payments. So why won’t the courts believe borrowers when they “spill the beans”. Because the judges are owned by the banks too and many judges own stock in various major banks, which is truly a conflict of interest.
Wise as serpents! Harmless as doves!
Now, we have several different ways of compromising the servicers’ legal war chests. It’s really the servicers you’ve been dealing with in the courts, not the lenders. The attorneys for the banks are lying about who they represent and have been for years.
It’s bad enough that when MERS and the banks get sued by Borrowers, the U.S. government is informed of such by Consent Order (04.13.2011).
Now everyone (at least in the 9th Circuit) has to sue MERS (by notice or otherwise) to involve them and their bullshit lying to the judges in this country about how wonderful they are and misrepresent the language contained in the contract the Borrowers’ signed. If you live in Tennessee however, that state’s Supreme Court is not done dealing with MERS. I pray for the safety of that Court, because God knows what MERS and the banks will do to them and their families for taking a stand “against the monster”. Will they capitulate? Will they end up murdered? Only time will tell.
For those of you who want to learn some “End Game Strategies” to beat the banks at their own game, keep your eyes on Biloxi, MS in July. It’s kind of like Jekyll Island in reverse. There are some homeowners who have succeeded in beating the banks using strategies never before plied upon the courts and the courts have given into them because of irrefutable evidence. I am not going to elaborate what those strategies are on this blog. I’m not giving you free shit that you can go and abuse in court. It’s enough I’m posting this article, given my reluctance to tell the banks and MERS anything because they read this blog! However, you will learn these strategies by attending this workshop! Here is the information I promised: END GAME STRATEGIES WORKSHOP
Believe me when I tell you they are monitoring this site. Don’t bother posting comments on here, as I will not approve them. If you have something to say, email me through the Clouded Titles website. For those of you who think I’m just on here to sell shit, I feel sorry for your attitude of entitlement. We all have to work for and represent something useful in this life, don’t we? Otherwise, life is meaningless.
We have FDCPA Webinars slated on the Clouded Titles website. You can go there and check it out. The first of four is June 1, 2017.
For those of you whose credit has been tarnished as the result of your skirmish with the banks, check this site out: FES