Tag Archives: MERS-originated mortgage

MERS RULES IN THE FIRST U.S. CIRCUIT COURT OF APPEALS; SCREWS 2 HOMEOWNERS

(BREAKING NEWS – OP-ED) — The attached cases were argued by the same attorney for the homeowners. Different attorneys for the foreclosure mill, pro-bank law firm of K&L Gates argued for the banks.  This is provided for your educational purposes only and to warn you of the dangers of litigating anywhere within the First U.S. Circuit Court of Appeal’s jurisdiction. My opinions of MERS and what it stands for are my own and do not constitute legal advice.  After all, MERS would like to put a bullet in my head. 

Believe it or not, the U.S. Circuit Courts of Appeal are still in operation despite the corona-crisis.  Last Friday, the appellate panel screwed two homeowners in REMIC foreclosure cases.  Worse yet, one case relied on the outcome of the other case to make the ruling finite. When you have to go into this particular federal appellate court, remember who has set more favorable case law here: Mortgage Electronic Registration Systems, Inc. (“MERS”: now owned by the same bunch that owns the New York Stock Exchange).

Here’s the first case, that the appellate panel used to set the standard for the second case:

Dyer v Wells Fargo Bank NA, 1st App Cir No 15-2421 (Apr 17. 2020)

From the outset of this ruling, it looks as if “Dreamhouse” didn’t do the Plaintiff any favors by including MERS as a nominee within her mortgage.  After all, Dreamhouse appears to have been a corresponding lender who got its money for this loan from an investor pool.

Remember, you’re in the first circuit here.  MERS rules!  MERS gets to do anything it wants.  Assign mortgages.  Publish confirmatory assignments.  I’m so convinced that MERS (through K&L Gates’ attorneys) gets to control the entire narrative in court arguments I could just spit fire.  Even though the mortgage document doesn’t specifically say that MERS can “assign” anything, MERS got out in front of the mortgage foreclosure crisis and pre-established the narrative, so it could come in in subsequent cases and argue that narrative and win every time.

All the same arguments we’ve heard before (specifically in Culhane v Aurora Loan Svcs_021513-1) that MERS can do anything it wants to. However, the narrative is controlled by what MERS can do or not do.  No one is pointing to the actual parties acting in MERS’s name. What this appears to be is just another redux of Culhane.  MERS’s attorneys can argue that MERS is both a nominee (agent) for the Lender and has all of the power of the Lender, especially in THIS Circuit … and get away with it.  This is why I don’t like federal court for litigating foreclosure cases. This is why banks love federal court to argue foreclosure cases … because they win 99.9% of the time!

Old arguments aren’t working anymore.  We need new ammunition, given the fact the second case ruling was predicated on the first one:

Hayden v HSBC Bank USA NA, 1st App Cir N0 16-2274 (Apr 17, 2020)

SAME ‘OL … SAME ‘OL … 

By now, if you’re reading your own MERS-originated mortgages, you can plainly see how you’ve F**KED yourself!  You gave MERS the “official” and “contractual” right to F**K you.  They can foreclose and sell your home.  They can rape your bank account in the name of preset case law they set in their favor.  They can release and cancel anything.  They can do anything your lender does … and can even come into court and act as your lender. Let me put it bluntly here … MERS is a disguise worn by the servicer.  It’s the servicer that’s actually doing the sodomizing here.

In this case, the Haydens filed multiple bankruptcy cases over time, delaying their foreclosure (and screwing up their credit) until 2026.

Again … as you can see on Page 3 of this ruling … MERS can do anything it wants … including telling the First Circuit to “get on its knees and bark like a dog”!  Again … old argument from the banks … borrowers do not have standing to challenge a mortgage assignment based on a PSA violation!  Again … the banks and MERS are controlling the narrative.  Old hat.  Doesn’t work.  Still being plied upon the courts and borrowers are paying for an attorney to argue the same old hat stuff … and losing.  Statute of limitations arguments … still old hat.  Not working anymore.  Hasn’t worked since 2o15 yet is still being argued.  Borrowers are still paying attorneys to argue the same things that don’t work.  The First Circuit isn’t buying any of it. It’s not having much better luck in any of the other circuits that have had the same ‘ol, same ‘ol garbage pleadings tossed at them.

Oh … and the PSA … that’s the banks’ narrative.  My narrative is the entire 424(b)(5) Prospectus.  It’s used as evidence in the C&E to establish fact.  You have to pick your battles carefully.  Each battle costs money.  After this corona-crisis is over … foreclosures will cost money. Money that hasn’t been there because half of the economy was shut down versus going in and letting “herd immunity” prevail.

YOU’RE DAMNED IF YOU DO AND DAMNED IF YOU DON’T! 

President Trump can’t do anything without being criticized for it.  He shuts down the economy and the public for its own protection and everyone on “the other side” bitches because he either didn’t do it soon enough or it wasn’t the right move in the first place.  You can’t win with these people.  We know the virus started in Wuhan, China.  But as soon as the President references it as the Chinese virus … now he’s a racist.  His opponents don’t know when to quit.  Sometimes, keeping your political trap shut can work in your favor.  They’re making a mockery of everything the President does, yet most of them have had several decades of serving in Washington to “get things done”, but we’re no better off with them than without them.  This is politics folks. If you don’t like the way things are, change them.  But remember …

The President is the head of the Executive Branch, the branch that enforces the laws.  The President is tasked with running the country … not the person that makes the laws in the first place!  He’s a CEO, not a politician, which is why his opponents hate him so much. He won’t play in their “sandbox”.  Boo frickety hoo!

Congress makes the laws (in the form of bills).  When Congress introduces a “bill” … that “bill” costs money to make it work. Taxpayer money. Someone has to pay for it and it sure ain’t Congress!  This latest stimulus package again demonstrates how much pork Congress got away with spending … and the economy that has been doing so well (that all these lame-brained politicians are trying to take credit for) is now stagnating.

The Courts decide whether the laws are constitutional, are properly enforced and/or whether Congress overstepped its bounds when it enacted a law.  Today’s courts like to issue very narrow rulings, which is why you have cases like these being decided against homeowners.

This is our system of checks and balances folks.  It’s what the will of the people created. Deal with it!

And what the hell does this have to do with foreclosures?

This is why the Dyer ruling was 12 pages and the Hayden ruling only 5 pages.  Because the Dyer ruling says enough to where it doesn’t have to be repeated ad infinitum, ad nauseam in the Hayden ruling.  It has everything to do with the atrocities that banks are allowed to get away with, using MERS as a disguise for the real truth.

Everything in these two cases affects every ruling that comes out of the U.S. First Circuit Court of Appeals.  Other federal circuits may choose not to rely on these two cases … or Culhane for that matter.  But it clearly shows circuit split when it comes to how the courts treat MERS and what they will let MERS get away with.  If you don’t know what to plead … how can you expect to win your foreclosure case?

THE CANCELLATION & EXPUNGEMENT ACTION (The “C & E”) …

Because we’re seeing results with using the C & E, it goes without saying that I’d talk about it again.  Neither of these two cases discussed anything within the contents of the document that made sense other than the date and time of the event and the claims the assignments made violated the PSA.  That moves the argument into the bank’s narrative.   To argue the bank’s narrative is to liken that strategy with the comment Robert Stack made in the comedy movie Airplane: “That’s just what they’d be expecting us to do!”

The C & E does just the opposite as it moves the narrative in a different direction … one “they won’t be expecting”:

  1. Virtually all 50 states have common law rights to cancel written instruments. That includes bogus assignments!
  2. Virtually all 50 states have penal codes that prohibit the recording of false utterances in the public record!
  3. Virtually all 50 states have a consumer protection act that can be tied to the recording of the false utterance!

The C & E is postured within a declaratory relief action that can be utilized while the banks aren’t foreclosing … hint, hint:

  1. The declaratory relief action is discretionary in federal courts, which is why we like to use it in state courts!
  2. The declaratory relief action can be accompanied by a notice of lis pendens, which can be effective in stopping title closings in foreclosure cases!
  3. The declaratory relief action in many state courts can ask for a ruling on a document to be applied to the entire chain of title as a precursor to filing a quiet title action.

The C & E costs less money to effectuate than most foreclosure defense actions yet still is able to achieve a timed delay:

  1. Investors use C & E’s to buy time.  Time is of the essence no matter what battle you pick. This can buy more time if used correctly in both deed of trust and mortgage states!
  2. We are now seeing that filing corresponding criminal complaints with local law enforcement is “shaking things up” in the civil realm when it comes to litigating false utterances!
  3. Many times, the criminal intent contained within the false utterance can be used to put a court on notice that someone is trying to “protect the sanctity and decorum of the court” by keeping the judge from becoming an accessory to the criminal acts committed by the servicers’ employees, acting in the name of MERS!

You still have time to factor in a positive outcome.  There is still time to get your 2-day training session (with materials) on DVD (8 discs) and train yourself and your attorney to fight the good fight because the foreclosure moratorium is still in play here for most of you. Visit the Clouded Titles website for more information.  Supplies are limited so order yours now!

As a special added bonus … your order includes a 30-minute consultation session with the author! 

 

 

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ENTER 2019 AND THE NEW MERS!

(BREAKING NEWS – OP-ED) —

FYI, NOT for use as legal advice … but for the added benefits of research!

ICE OWNS MERSCORP … and things have changed! 

If you haven’t been paying attention to the “new and improved MERS”, you should be.  As of October of last year, Intercontinental Exchange, Inc. (“ICE”; the same bunch that owns the New York Stock Exchange) took over MERSCORP Holdings, Inc. and Mortgage Electronic Registration Systems, Inc.

Two new corporate shills appear to be heading up the parent (MERSCORP Holdings, Inc.).  I got this from the “new and improved MERSinc” website:

How ironic?  The “Goone” squad!  (I know you’re trying to hold back the laughter, but this is serious folks!)

Noticeably missing from the MERSINC.org website is the “Member Search” tool.   Now ICE has made it impossible and further obfuscates WHO is participating as a “user/subscriber of the MERS® System!  Thus, anyone wanting to do research on a MERS-originated mortgage or deed of trust is going to have to ask for their closing documents PRIOR TO signing them.  Otherwise, those who are ignorant of history are doomed to repeat it because THE GOONE SQUAD now controls all of the information in the MERS System!

It also appears that since Goone is connected to the DTCC, he now might have access to every credit transaction conducted throughout the United States!

You can still search for the alleged “Servicer” on the MERS® System website; however, the users of the system are expected to continue to put the same malarkey on the “Investor” portion of the site when you go to access that information, vis a vis entering your personal identifying information, namely, your last name and your social security number.

Let’s be clear one more time … your social security number is actually NOT your number.  It was assigned to you by the Social Security Administration when you volunteered to be in the social in-security program.

My wisdom for 2019 … AVOID MERS MORTGAGES LIKE THE PLAGUE!

Any mortgages or deeds of trust you intend to execute from now on probably should be through the following entities:

(1) credit unions that are NOT user/subscribers to the MERS® System; and

(2) owner financing, or in the alternative, hard money lending, designed to purchase within the short term.

You have every right to walk away from the closing table and not have your property encumbered by “MERS” paper.  You should also do a chain of title search on anything you intend on purchasing because you never know what unknown (mesne) assignees might be lurking in the shadows, just waiting for that inopportune moment to foreclose on you!

My further wisdom for 2019 … TAX DEEDS!

Every state has a system for purchasing tax deeds. Investigate these in the alternative!  You’re helping the county pay its bills, in addition to getting yourself a great deal!

In Florida, for example, you can buy tax deeds at auction for less than assessed value.  In Florida, for example, when you buy a tax deed and your tax deed is recorded, possession is immediate!  You get to own the land (or a single lot; sometimes you can get acreage) outright; however, first investigate to make sure you can put a manufactured home or site built home of smaller proportions (if you’re in the scale-down mode) on such a lot.  Many areas have deed restrictions.  Don’t forget, you still need to quiet the title to the property, but on tax deeds, provided you don’t have to serve a foreign investor or person outside of the U.S., most QT actions take 60-90 days to complete and shouldn’t cost you an arm and a leg.

Whatever “state” of the union you’re in, the county maintains the #1 position for liens, based on payment of property taxes.  The ways of the allodial title have disappeared, despite what you’ve heard from some well-meaning Patriots that claim you can restore a land patent to its original state.  There is an interesting comment from Washington State I found to back that up:

(NOTE: Click on the image to enlarge it to make it easier to read!)

Anyone trying this crap may find themselves on the receiving end of criminal charges because filing false documents into the land records is a felony in almost all 50 states and is punishable under both civil and criminal aspects.  You cannot evade property taxes anywhere.  This is why I like buying tax deeds for less than assessed value … the annual taxes on them is cheap and buying agricultural land (if you can find it) is even better!  It’s a great way to “start over” with less money, especially if you’re reeling from the effects of a foreclosure and are opting NOT TO DEFEND, but rather to move on.  Just make sure that if you’re buying a lot to build on, have a plan to follow through on that quickly.  Don’t buy raw land just for the sake of having a nest egg because you will continue to pay annual property taxes on that land in the future whether you live on that land or not.  Now that industrial hemp is being legalized, build your home out of hemp (https://www.youtube.com/watch?v=mfQbXuTzQQU) like these folks did in Asheville, North Carolina!

I’ve gotten past the point of asking people to simply deed their properties (that they’re about to be foreclosed on) over to me so I can litigate them in court.  If people were that “entitled” in the first place to make bad decisions to buy property using MERS-related securitization, thus screwing up their title, why would I want that headache?  Analyze every deal before engaging it!

MERS generally is never found on the titles to vacant lots!  That’s another plus for buying tax deeds on vacant land you intend on quickly building on.  Being mortgage free is a blessing in this day and age and I can only wish the best for my readers, that they can enjoy the freedom of not owing a bank or a monthly payment to a landlord, if not in 2019, then at some point in the near future.  That might be a great New Year’s resolution to make!  Why become part of the Nation of Renters if you don’t have to?

 

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