Tag Archives: MERS

Nothing has changed much in Washington State, post-Bain!

Op-Ed —

August 16, 2012 is a day that will go down in Washington State’s history when it comes to dealing with the issues created by the licensed lenders in that State who rely on MERS to cover up “dead spots” in the chain of title to properties.  I’m attaching the Supreme Court’s en banc ruling to refresh your memory and to fill in any gaps that might be missing in your thought process.

BAIN V METROPOLITAN MORTGAGE GROUP, INC. ET AL

Only a handful of states in the union agreed with the Washington Supreme Court’s decision insofar that MERS was NOT a real “beneficiary” because it didn’t loan any money and therefore, had no interest in the borrower’s promissory note.  In fact, during the oral arguments presented before the Supreme Court, counsel for Mortgage Electronic Registration Systems, Inc. (not “MERS”, which means MERSCORP Holdings, Inc.; I’ll explain in a moment) could NOT identify WHO owned Kristin Bain’s mortgage loan! That didn’t bode well before the justices, who were stunned at the lack of knowledge and almost sheer arrogance of MERSCORP’s counsel.

You see, what the Washington State Supreme Court justices were never presented with, and thus did not have in evidence to be able to make a determination of, is that the Rules enacted by the parent of Mortgage Electronic Registration Systems, Inc., MERSCORP Holdings, Inc. (then MERSCORP, Inc.), specifically note that under Rule 1 § 1, when the term “MERS” is used, it means the PARENT, NOT THE CHILD!  Mortgage Electronic Registration Systems, Inc. is THE CHILD. The lack of knowledge by the attorneys for the homeowners (for Bain and Selkowitz) and the deliberate omission of MERS’s own “rules” by its representative counsel should be cause for alarm in the way cases are being litigated all across the country!

THE PARENT AND THE CHILD ARE NOT THE SAME!

In fact, they are two distinctly separate Delaware corporations. This was a contrived scheme of mass proportions, created in favor of the banks, which caused tens of millions of fraudulent and misrepresentative documents to be recorded into the land records of all 3,041 counties, townships and boroughs in the United States, literally clouding titles to over 80-million properties!

Thus, when Mortgage Electronic Registration Systems, Inc. shows up in any legal proceeding, it’s the “empty shell” (a bankruptcy-remote entity with no assets or liabilities; no income or expenses; and no employees) that shows up in court … NOT THE PARENT!  MERSCORP is footing the legal costs in every proceeding (because it is a roughly $2.7-billion a year business model) that operates and argues on the flawed idea that the agent (nominee) and the beneficiary can be one in the same party.

The Tennessee Supreme Court completely gutted the MERS business model in the Ditto decision. MERS v DITTO_TN Supreme Court rules against MERS!  To NOT understand all of the basic tenets of real property and mortgage law could be fatal to you in your foreclosure case!

This is why I am hosting the Foreclosure Defense Workshop in Orlando on September 30-October 1, 2017.  (see below)

Part of the “good fight” in dealing in foreclosure actions is knowing the truth and how to find it (or go after a determination to get at it).  This is a lot of what we are teaching in the workshop, even if you’re going pro se!

You have little time to make reservations, because airfare is going up the closer you get to the date and the number of seats to the event has dramatically shrunk.  If you are even thinking of remotely preparing yourself to “fight the good fight”, you need to be at this event!  Since Hurricane Irma hit Florida and knocked out a lot of the internet connections, many Florida consumers won’t know about this event until this weekend and likely, there will be an onslaught of registrations at the last minute.

FDW ORLANDO REGISTRATION FORM

Meanwhile, back in Washington State … 

It appears that the regulatory agencies that govern the behavior of the banks aren’t falling all over themselves to stop the continual process of recording documents in the land records that makes use of MERS as a “beneficiary”, post-Bain.  Here is one such Consent Order, issued in 2017, that exemplifies my point (sent to me by one of the readers of this blog):

Planet Home Lending

The Consent Order appears to have noted that a violation of the Washington Consumer Protection Act [RCW 31.04.027(2) and (13)] occurred when Planet Home Lending, a lender licensed under Washington law to conduct business in the State, caused several Assignments of Deeds of Trust to be filed in counties all across Washington State, post-Bain, characterizing MERS “as the beneficiary when MERS did not hold the corresponding promissory note.”

While I was not provided with any specific Assignment to review, I would guess (and my guesses are usually pretty right on) that the Assignment was created by employees of the servicer of the loan. Recognizing this scenario is important for two key reasons:

  1. If a consumer is economically affected by the recording of one of these subject, suspect Assignments, the consumer would have to assert a specific violation of the foregoing state statutes; and
  2. If the Assignment of Deed of Trust used MERS to characterize the Assignor as a “beneficiary”, post-Bain, for the purposes of transferring any rights in the note to a REMIC, or even more importantly, to the servicer, who then commences a foreclosure action against the Property, then there may also be a violation of 15 U.S.C. §§ 1641(f) and (g), the Federal Consumer Protection Act.

Through the use of the federal citation, the case then becomes a federal issue, so one would have to get a competent attorney to sort through which would be more effective to prove (as a Plaintiff) against Planet Home Lending, the violation of the Washington Consumer Protection Act (which has a supporting Consent Order to apply to the case as evidence) or the Federal version of the same.

The problem is however, that the Consent Order implies that Planet Home Lending didn’t admit to guilt, even though the State found violations of the foregoing Act (under Agreement and Order Paragraph C). For all intents and purposes, the Order basically said, “Don’t do it again!” and by agreement, any further violations of the Order would be dealt with in the future (to what extent, we do not know).

Now, I can surmise that all of the litigious folk out there affected by the issuance of this Consent Order have realized that there is nothing stopping a consumer from bringing a private right of action against Planet Home Lending (or any other lender or servicer violating the Washington CPA). However, I caution those considering such to use due diligence in determining “damage”, whether actual, compensatory, exemplary or punitive.  Without some sort of financial loss, it may be more difficult to press forward with a CPA violation claim.

That being said, it appears that suit may be brought under the foregoing state statutes in lieu of any decision like Yvanova v New Century Mortgage Corp. et al (California) and Miller v. BAC Home Loans Servicing, LP, 726 F. 3d 717 – Court of Appeals, 5th Circuit 2013 – Google (Texas) that gives consumers the right to challenge the creation of (and subsequent recording of) a suspect document affecting chain of title in the land records of any county in Washington State.  This may also apply in other Consumer Protection Act-related statutes across the country, but it is likely that a consumer would have to conduct some pretty specific discovery (against the mortgage loan servicers’ employees and notaries) to see who ordered the creation of the document and who caused it to be manufactured, for what purpose and determine accountability.

It should also be noted that civil conspiracy is defined in virtually every state statute.  While this term does not in of itself, constitute a cause of action in the literal sense, the act of one or more actors getting together and conspiring to do a thing to scheme that adversely affects the economic or financial well-being of another would certainly be an issue to be considered.

In Florida, for example, Florida Criminal Code § 817.535 makes it a third-degree felony to record a document containing false and misrepresentative information with the intent to deprive another of their property.  While consumers cannot commence criminal proceedings directly, they can file a criminal complaint with the local sheriff’s department (the county land records are the sheriff’s jurisdiction) and pursue a criminal case that way, especially if discovery shows that a civil conspiracy to create the document indeed occurred. You should understand that (based on our past dealings with a certain sheriff’s department) detectives at the county level are either lazy, in defiance of or lack the knowledge to properly and fully investigate such matters, as evidenced by the Osceola County Sheriff’s Department, who could find no wrongdoing in the OSCEOLA COUNTY FORENSIC EXAMINATION.

The foregoing subject matter is only PART OF what we’re going to cover in the upcoming Foreclosure Defense Workshop.  Thus, the tools and weapons that pro se litigants and litigants being represented by counsel are being refined to be more effective and the means by which documents are challenged has also been refined (AND PROVEN) to work!  There are three specific things I’m going to be sharing at the workshop in this regard, in addition to the newly-developed tactics by Rich Kalinoski, the attorney lecturing to those attending this workshop.

Again, this is the ONLY workshop we’re doing in 2017.  We have not decided whether we’re going to do another workshop again. Rich is very busy implementing his new developments and for this reason, may stifle any efforts to conduct a workshop in the future.  Know this … legal tools will be available to all of those who attend!

In the meantime, keep researching and “fighting the good fight”.

Dave Krieger is the author of several books, including Clouded Titles, available on his website.  He consults attorneys in foreclosure matters and drafts pleadings and conducts research for attorneys and litigants. Mr. Krieger is Managing Member of DK Consultants LLC in San Antonio, Texas. 

 

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MERS and its “Parent” are trying to invade Oregon again, despite Supreme Court ruling!

BREAKING NEWS — 

For those of you in Oregon, you should be writing your legislators, especially the ones who are trying to pass the following Senate Bill (968), which would put MERS back into legislative existence again in Oregon, despite the Oregon Supreme Court’s rulings in Niday and Brandrup:

SB 968 (Oregon trying to legislate MERS into existence again)

This just goes to show you that MERSCORP Holdings, Inc., who, along with several major banks, settled a $9-million lawsuit brought by Multnomah County, is now trying to do an “end run” to get itself legally back in the game, this time using the Oregon State Legislature.

It’s time to start “ramping up” against those sponsoring the bill!

Anyone want to retain a private investigator to dig up dirt on (taken from the top of the bill):

Senator JOHNSON, Representative OLSON, Senator HANSELL; Senators BAERTSCHIGER JR, FERRIOLI, Representatives BARKER, CLEM, WITT?

If anything, legislators don’t like seeing smut printed about them on the Internet.  It’s bad for politics.

However, what they are attempting to do is BAD for Oregon homeowners.  The Oregon Supreme Court already made it clear they didn’t want MERS being a nominee or a beneficiary in the State of Oregon. What part of that don’t these legislators get?

It’s called bribery! 

I know.  Harsh wording … but MERS and its parent are paying someone somewhere, through lobbyists, whatever, to put this legislation into effect so it can continue to f**k Oregon homeowners as part of a renewed securitization effort.  I want to see them all in prison.

As to the OSCEOLA COUNTY FORENSIC EXAMINATION … we are not done yet.

This author is not going to stop ranting on MERS and its band of delusionary Board of Directors, who think that the legislature in every state should accord a private entity its own legislation to ply its flawed business model on Americans, most of whom don’t have  a clue as to what is going on.  I personally think these Oregon legislators are on the “take” and so should you!   Time to start making phone calls, if you get my drift, especially if you live in Oregon. These legislators need to be “exposed” for their wrongdoing.

This also goes to show you that with Fannie Mae lowering its borrowing standards, investors are about to get bufu’d again by the major banks.  One would think that with all of the investor lawsuits going on that it should be very clear that the securitization system implemented by and through the major banking cartels are out to destroy the “full faith and credit” of each of us, one home at a time!

SAY “NO!” TO MERS MORTGAGES! 

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DOUBTING THOMASES

Op-Ed Post —

OSCEOLA COUNTY FORENSIC EXAMINATION

Of late, this blog and its author have been scrutinized and belittled to the point of frustration, based on the spate of comments received by some not-so-well-meaning bloggers.  Apparently, there are still some out there that believe everything they read in the newspaper or watch on TV regarding the handling of the investigation into this Report and they continue to send me disparaging comments about the invalidity of the investigation.  Well … despite the Doubting Thomases, I’m not going away.

To dispel some of the gossip and hearsay regarding the investigation of this Report, this Author would posit the following:

(01) Then-Florida 9th Circuit States’ Attorney Jeff Ashton wouldn’t touch the report with a ten-foot pole because he regarded it as a political hot potato.  As it turns out, he would rather play on AshleyMadison.com and cheat on his wife on company time and later attribute it as an “error in judgment”.  Ashton’s own investigator, Eric Edwards, told this author in a phone conversation that if he had the budget, he would investigate the details of the Report because he read through the first few pages and thought the Report had merit.  The investigator himself told this author even he (Edwards) was having issues with his mortgage and suspected something was wrong.

(02) U.S. Congressman Alan Grayson always has, and still does, support this report … and he is an attorney who OWNS a hedge fund.  He saw the corrupt patterns outlined in the Report. He has read the entire Report, with exhibits, from start to finish, and was convinced that it was factual in detail.  Grayson accompanied Armando Ramirez, the Circuit Clerk of Osceola County to the meeting with Jeff Ashton, who was quick to suggest that the chain of command be followed and turned the matter over to the Osceola County Sheriff to investigate. “Fox guarding the hen house.” “Kick the can down the road.”  We have no idea what instructions accompanied the shipment of the Report to the Osceola County Sheriff’s Department.

(03) During the pending Osceola County Sheriff’s investigation of the Report, two of the detectives met with this author, California Attorney Al West (who was also present during the investigation and supervised much of it) and Osecola County Forensic Auditor Hector Acosta (who ran point on the set-up of the examination). The date was February 9, 2015.  Within about ten minutes of the meeting, things got ugly and turned into a heated conversation, wherein the County Attorney (whose law firm represents noted insurance companies) got into the act, advising this author that, by law, he had to divulge the names and whereabouts of all the examiners, something this author refused to do.  Hector Acosta’s step son was tasered on his own front lawn at 3:45 a.m. after arriving home (sober and drug-free) with a relative, as he was going to bed, in what Acosta and this author think was retaliation for furthering the promotion of the Report as well as support for the local homeowners’ justice group.

(04) There was an attorney present during the investigation by examiners and an attorney opinion letter accompanied the forensic examination.  Both the Orlando Sentinel and WFTV Channel 9 overlooked that fact. Matt Weidner was all too quick to condemn the Report, not knowing that two attorneys had a hand in its preparation and final opinion and that it was not this author himself, attesting to the contents of the Report.

(05) Sentinel reporter Henry Pierson Curtis was quick to report that  the Osceola Clerk hired the author and his team without putting the examination out for bids. Had Mr. Curtis checked his facts, he would have found out that the Level 3 Threshold for retention of contractors was permitted so long as the payment was under $35,000.  Besides, who else is going to conduct as extensive a forensic examination of those records, John Wright or Steve Dibert?   Matt Weidner?   How many other firms have the background to analyze fraudulent documents?   If you want to use the phrase “it takes one to know one”, then I guess that makes me qualified, because I lived through mail fraud issues.  I know what the Tampa FBI refused to investigate and I hold them accountable.

(06) For what it’s worth, as if it’s any of anyone’s business, that isn’t what I was convicted of.  Curtis got that wrong too … and through regurgitation … Wright and Dibert did too.  What does that say for their “credibility”?   4ClosureFraud jumped on the bandwagon too, but later retracted its article after readers openly criticized the blog for regurgitating the smear campaign. Still, Wright and Dibert took the “cheap shot” way out and decided to further “make stuff up of their own”, like stating that this Author was convicted of mortgage fraud.  They are worse than Henry Pierson Curtis because of their inept modus of sensationalism.  Who are they working for, the banks?

(07) Curtis reported the author was 62.  At the time the story was released. WRONG!  This author was 61.

(08) Curtis reported the author was charged with conspiracy to defraud the United States and six lesser felony charges including three counts of fraud and three counts of swindling.  WRONG!  The author thinks he knows what he was charged with and what he plead guilty to.  None of these allegations Curtis caused to be printed in the Smutinel were factual.  Besides, people who commit any kind of major crime get to do the time.  Three years probation and a $1,000 fine doesn’t say much for the word, “heinous”.  That’s what you get for sending certified letters in the mail, based on the belief of an organization that didn’t disclose they were being investigated by the FBI at the time they sold the author a packet of money orders, which they claimed were legit.

(09) What the media did not report, is that this Author filed a fraudulent concealment action in Tyler, Texas against the Family Farm Preservation and its conspirators for failing to disclose to him they were being investigated by the feds for contriving a scheme to pay off debts using phony money orders according to the UCC.  Everything looks legal, until it isn’t.  You would have to know what my state of mind was at the time, which you didn’t.  So you do NOT have all the details.

(10) In addition, Curtis made sure to report every single aspect of this author’s life, so his pack of lies would be splashed out over Google to anyone typing in any meta words relating to any of the connected material.  What an ingenious way to smear someone.  Knock out their whole way of making a living. But, remember, this is the kind of person Curtis is.  It appears there are others out there that have the means to report what’s right … and don’t.

(11) Curtis reported that the examination was conducted in the Osceola County Courthouse.  WRONG!  The examination was conducted in the conference room at the Ramada Inn in Kissimmee, in an offsite location, with wi-fi and internal access to courthouse records provided by the Clerk’s IT Department.  But, like the rest of his story, Curtis didn’t care whether he got his facts straight or not about something that happened to this author over 20 years ago.  Curtis just wanted fodder to bolster his campaign against the Clerk, no matter what kind of misrepresentations were necessary.  But yet, many of you believed everything that MFI-Miami trash-talked on its blog, followed by piggybankblog, which was nothing more than a regurgitation by a reporter for a major market newspaper that likes to make up news rather than report news.  This shows the level that some people will stoop to in an attempt to make themselves look wonderful in an effort to promote their own ambitions.  This author likens Curtis to the robosigners that help make up documents out of thin air to steal houses.  I frankly don’t care what the media thinks about this.  We’re not finished here yet.

(12) Enter Jorge Esteves and Orlando’s Channel 9 … once the station got a copy of the Report, it proceeded to regurgitate what the Orlando Sentinel reported without checking the facts of the case, plus added some misstatements of its own.  One of the worst things a media outlet can do, having been a former radio journalist, is to air material without first vetting its content. Channel 9 was quick to state it was going to attempt to get Florida Attorney General Pam Bondi to investigate the Report, to no avail.  Pam Bondi will not investigate her own constituents who happen to be banks or servicers, who contribute to her political campaigns!

(13) The Forensic Examination was delivered in two volumes. The first volume contained 4 sections, totaling 362 pages.  The second volume contained 3 sections, totaling 412 pages, including the attorney opinion letter.  That’s a total of 774 pages, not counting the Introduction and Table Of Contents.  Channel 9 looked at the back page of the report and declared there were 412 pages total in it, without even looking through the Report. WRONG! Had Esteves (and Weidner) actually read the Report, they would have seen there were two volumes totaling over 774 pages.  Maybe they would have actually investigated some of the documents and found they were actually recorded in Osceola County’s land records!

(14) Mr. Weidner has an ego and a reputation to protect.  Unlike other attorneys who have been contacting this Author (and retaining him on certain cases to assist them in putting a case together), Weidner was quick to get on television in Orlando and smear the Report, declaring, “it’s not worth the paper it’s printed on.”   How would he know?  He didn’t even read the Report.  He was seen on camera thumbing through the first few pages before making his comments.  He didn’t even read the attorney opinion letter at the end of the two-volume Report. If he did, he sure didn’t say anything about it because Esteves was out to make him shine on camera. Remember? Ego.

(15) The attorney whose Opinion Letter was included at the end of the second volume of the Report, Jennifer Englert with the Orlando Law Group, had a TV commercial for her law firm running on Channel 9, which aired five minutes before the station ran the Weidner interview.  When contacted about the lambasting of the Report (including her Opinion Letter), the attorney demanded equal time on the station, which downplayed her involvement.  It is no secret that Channel 9 and its news producers have a hard-on for the Osceola County Clerk and like Curtis, will do everything they can to turn anything positive the Clerk does, into something negative, for the sake of creating news instead of reporting it like most responsible journalists.  But remember, the whole pack of sensationalists are irresponsible and self-serving.  Unlike most affected and distressed homeowners, they don’t want to know what really happened to them involving foreclosure fraud. They don’t care about the politics of it all as much as the banks, the media and the judges who throw homeowners out of their houses do.

(16) Ashton, as well as the Sheriff, could not find any “victims”, even though the entire Report showed 17 cases of suspect documents filed in the the land records of Osceola County, Florida alone.  The witnesses names in the Report were kept as WITNESS A through WITNESS F f0r a reason.  It seems that Jack Wright, Janet Reiner and Steve Dibert overlooked the fact that hundreds of homeowners who were included in this Report were victimized because they lost their homes to REMICs and their law firms who had to retain servicers to make up documents to create standing.  Let’s face it, misery loves company and these folks don’t care who gets trashed because this is what they think they need to do to be popular with other disgruntled homeowners. “Let him who sinneth not cast the first stone.”   BTW, Witness A and Witnesses E & F were attorneys with inside information key to their respective investigations which affected certain statements made in the Forensic Examination. Witness B gave me taped statements as to the inside scam to re-create mortgage notes from scratch to create standing to steal homes. Ocwen was at the center of that controversy.  What its staff did in West Palm Beach, Florida was unforgivable.

(17) Even attorney Lynn Szymoniak, who appeared on the 60 Minutes presentation on April 3, 2011, “The Next Housing Shock”, stated, “It doesn’t matter what he did 20 years ago. What matters is what he’s doing now.”  (referring to this author)   Apparently, many of you out there think I should just quit while I’m ahead and drop off the face of the earth. You are dreaming.  Sorry, the system is rigged and judges have been told that they need to drag out your case as long as possible until you give up and walk away. I know that.  The attorneys I work with know that.  So, it becomes a test of time, money, patience and your willingness to bring forth the truth, not just mine.

(18) Since the release of the Report, Texas-based DK Consultants LLC, has been retained by multiple law firms to do chain of title and pre-trial research and to assist in consulting on cases all over the U.S.  This Author still continues to lecture around the country and in online webinars and has been listed as an expert witness in pre-trial statements.

(19) The Osceola County Sheriff released a one-page press release that said little if anything as to the sums spent investigating.  This is only one of the reasons then-Sheriff Bob Hansell did not run for re-election again. This Author offered to provide them with the names and contact information of the “witnesses” in the Report; however, the detectives weren’t really interested.   All the better.  The witnesses were listed anonymously because if their true identifies were revealed, they’d be dead.  I want them alive enough to testify before the grand jury. Two of them have inside information that could send bankers and attorneys to prison for a good long time.  It’s obvious that the sensationalists would rather not see that happen.

(20) If the law enforcement agencies wanted the Witness information, all they had to do was ask.  But, that was not their intention.  This author believes they were told to shit-can this investigation and blackball anyone involved with it, because a minimum of 4o0 people were facing jail time and Osceola County could be liable into the hundreds of millions of dollars for wrongful evictions based on fraudulent documents relied upon by foreclosure mill law firms doing the prosecuting of the foreclosure actions.  I believe this was at the directive of the attorney who was representing the County at the meeting February 9, 2015.  I wonder what the Osceola County Risk Manager would say to all of this?

(21) The fact patterns emerged during information gathering for the Report, using the search tools, MERS, HSBC, U.S. Bank, Bank of New York Mellon, as well as the other major banks who made trillions securitizing mortgage paper.  After about 90 days of alleged delinquency, the Assignments of Mortgage containing the manufactured, suspect information, would surface and be recognized by the forensic team as suspect.  One homeowner’s assignment was found to have been recorded six months AFTER the bank foreclosed on and sold her house!  You think that’s a lie?  Go look up the Ibanez case in Massachusetts.

(22) The newly-elected 9th Circuit States’ Attorney, Aramis Ayala, has been under fire since taking over for Ashton.  She is aware of the Report.  As I said previously, this isn’t over yet.  Those of you doubting Thomases that think the Report is invalid have not heard all of the facts in evidence.  The documents discussed in the Report are valid and they were used to steal peoples’ homes.  The major banks are involved, but not to the extent you think. It’s mostly the servicers and third-party document mills. The people who lost their homes, regardless of what the Sheriff says, are victims.  More than likely, I will write a detailed book about all of this, including all of the inside dirt we uncovered in the investigation that DIDN’T MAKE THE REPORT because it would have gotten us all killed!  There is at least one major bank whose 18 employees would face DOJ prosecution thanks to the contents of this Report … that is … if they’d just look at it!   I may not be an angel, but like Frank William Abagnale, Jr., I think I’ve well made up for my indiscretions. You can make up all the news you want, but if you can’t face fact, you lose!

So … if any of you are going to send me links to the sensationalists’ trash-talking blogs in denial of the real truth, go f**k yourself!  You wouldn’t know the truth if it bit you in the ass!  You should hope these sensationalist, mindless f**ks don’t print something nasty about you and your dilemma … or your past … in the future.  Do your research and discover the pertinent truth for yourself.  I played in the Patriot Movement and paid the price.  I paid my debt to society and I owe you nothing but praise and gratitude for “fighting the good fight”. Hope and pray that justice comes swiftly to those who deserve it, and condemnation, to those who don’t.

NOTE: Anyone wishing to take up the issue with this Author personally can email the author at his business email at cloudedtitles@gmail.com because no one’s comments are going to be allowed to be posted on this blog regarding this article!

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U.S. SUPREME COURT DENIES WRIT IN THE ROBINSON CASE AGAINST MERS!

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!

TBTF?  Seriously?

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

 

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FDCPA WEBINAR: 90+ MINUTES OF PARALEGAL-ATTORNEY LEVEL INFO … Tonight at 8 PM EDT!

BREAKING NEWS! UPDATE! 

Clouded Titles author Dave Krieger will be hosting his first of four FDCPA Webinars, tonight at 8:00 p.m. EDT, including retired FDCPA attorney Richard L. DiMaggio, J.D., successful FDCPA litigator from New York, who will be taking questions on FDCPA-related concerns!   This is a live webinar (that will be recorded for future use by all participants who register) that you can access over and over again, until you have firmly planted the principles of a successful FDCPA action in your thinking processes!

There is a right way and a wrong way to litigate FDCPA claims.  In this first of four FDCPA-related webinars, Dave Krieger examines the flaws within the current system of litigation.

This webinar is a must for paralegals and distressed homeowners, investors and attorneys, as Richard DiMaggio, author of the new online newsletter, The Rich Report, will be entertaining questions in a live Q&A session following the FDCPA presentation by Dave Krieger, who will also be answering questions through the program moderator.

To register to attend the webinar (and receive your personal access code): CLICK HERE!

The webinar will run approximately 90 minutes in length (including the Q&A, unless extra questions keep us over).  Be prepared to get a firm education and plan on taking notes!  See you on the webinar this coming Thursday evening!

NEWS OF LATE!  For those of you who wanted to attend online Chain of Title Assessment workshops … they are going to be offered shortly, in webinar form, with the course materials mailed to you in advance!  Learn the fundamentals of chain of title analysis, issues involving MERS … and how it can help you strategize future litigation, in addition to discovering the issues within your own chain of title!  This online course combines BOTH 101 and 201 section coursework and can be used by attendees to make a great sideline income.

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