Tag Archives: MERSCORP Holdings Inc.

THE JOURNEY BEGINS WHEN THE PITY PARTY ENDS … STEP TWO!

Op-Ed — (continued from the previous post) STEP TWO … 

The Internet can be a dangerous thing, especially when doing research, trying to find answers to questions surrounding a potential financial issue that could become a crisis, like a foreclosure.

One of the reasons why I post blogs is because people share them.  Others who are in despair happen to run across these posts and some of them walk away with reason.  The “reason” I speak of is the need to recognize when there is a problem and the HOW TO’s to do something about it. Being in denial solves nothing.  It simply prolongs the problem.  Sometimes, it makes the problem worse.

The bigger part of the problem is the second issue I spoke of in the previous article: Confusion.  Understanding what is happening in its most blatant aspects is that there is the potential of losing one’s home.  The WHY of it all stems from the alleged lender’s assertion that payments were missed and that the loan is in default.

In mortgage states, or states that are commonly referred to as judicial states, you not only get your “day in court”, but the bank has to actually PROVE that you are in default AND that they hold your promissory note AND have the right to enforce the terms of the mortgage (and note).   In all cases, the mortgage FOLLOWS the note.  The mortgage is a recorded security instrument, which is found in the public record in the county in which the mortgaged property is located.  It contains terms and conditions which must be adhered to in order to keep the note holder from foreclosing and taking their “security for the loan” back.

In deed of trust states, or states that are commonly referred to as non-judicial states, you don’t get your day in court unless you file a lawsuit and demand that the court issue a temporary restraining order (TRO), which prevents the lender (or its alleged servicing representative) from advertising and conducting a sale of your property on the courthouse steps at a prescribed point in time.  The deed of trust is also a recorded security instrument, which operates similarly to a mortgage, and if properly recorded, is also found in the public record in the county in which the mortgaged property is located.

You should know that if lenders had their way, EVERY STATE would be a deed of trust state.  That way, the lenders and their henchmen would have nothing to prove when it came to advertising and selling homes on the courthouse steps.  Until they actually bribe every state’s legislature to change over to non-judicial from judicial, homeowners still have their day in court. This is the only way the banks can win.  Knowing of this potential makes me wonder why people are taking out loans to buy property when, if they know there is a possibility of their financial future turning dismal, they don’t just buy a small plot of raw land and “build as they go”.  This would seemingly make more sense and involve the banks less.

Another reason the lenders prefer a deed of trust to a mortgage is that when examining the 2007-08 financial crisis, homeowners were affected to the point where most in financial straits could not afford an attorney let alone keeping food on the table.  Knowing the homeowner won’t fight back increases a successful outcome by the lender of taking the property back without much hassle.  Now that the Dodd-Frank Act has been molested and degraded to the point of history repeating itself, how many potential homeowners will be sucked into taking out mortgages from the mega-banks, which the gutting of Dodd-Frank was clearly designed to benefit.  You can bet the major lenders had a lot to do with those major changes to the most recent passage of the “Economic Growth, Regulatory Relief and Consumer Protection Act”.  Because these bills are so voluminous and partisan, they create more “confusion” for the average person on the street who didn’t go to law school.

Your “property” has a chain of title … 

Researching your property’s chain of title is like peeling away the layers of an onion.  The more research you do, the more layers you peel away, leaving the real truth on the table, which, after peeling an onion, leaves most people in tears.  This is why I used the “onion” analogy because peeling onions makes my nose run and my eyes water.  Finding out what really happened to you as the result of your being duped by an unscrupulous mortgage loan officer would make anyone cry, especially when they discover that they made a mistake getting that particular mortgage loan in the first place.  And now, you’ve opened “Pandora’s Box” and found the onion.

Accepting the “truth” for what it is … 

During the times prior to the 2007-08 financial crisis, banks and mortgage companies were loaning money to anyone who could “fog up a mirror”, altering mortgage loan applications, baiting loan applicants with teaser rates tied to adjustable rate, interest-only and negative amortization loans and mortgages that looked normal, only to end up finding one got stuck with a balloon note or interest rates that put their monthly payments out of reach of their paychecks.  This was deliberate and calculated.  The banks played both sides of the coin when they lured the investors into the schemes of securitization and lured the homeowners into loans they neither could afford nor deserved.  The first “truth” you need to recognize is whether you’ve bitten off more than you can chew.  Once you realize what the truth is, it makes it easier to come to grips with and deal with HOW the mistake was made that got you into the dilemma you’re in now.  I went through this “dilemma”.  I got stuck with an “80/20 loan”.  That’s two separate mortgages, wherein the second mortgage (the “20”) had a much higher interest rate and was generally tied to another Wall Street security altogether. I used the foregoing phraseology to describe “securitization”.

It does not take an Einstein to figure out that when there’s more month at the end of the money, you’re not making it.  When you’re even one day late on your mortgage payments, the servicer handling your mortgage “red flags” your account and starts a file on you. The servicer is generally looking for excuses to take your home away from you.  No servicer in today’s times is “nice”; in fact, they’re all common liars from time to time, especially those $9/hour cubicle employees who tell you that you have to be 90 days late before you can apply for a loan mod.  THAT IS THE BIG LIE!  The servicer knows that on Day 91, the REMIC’s credit default swaps, default insurance and any other PMI or LPMI that’s been tied to the loan will be negotiated and the alleged “Lender” will reap over 200% profit off of your mortgage loan … and that’s without even applying for the title insurance payout (the principal amount of the loan less 27% administrative costs) because the chain of title is jacked up (due to the Lender’s own ineptness).

The next major ploy of disbelief is the then-servicer (on or before DAY 90) has its employees dummy up an assignment of mortgage or deed of trust and cause it to be recorded into the land records in the county where your home is located so they can “structure” or “manufacture” standing to foreclose.  The term “standing” in of itself intimates that the lender (or its servicer) has the right to do what it’s doing to you. Most attorneys I know assert “lack of standing” in almost every foreclosure defense, because the simple statements of the servicer (who claims to represent the real party in interest) are not sufficient enough to prosecute a foreclosure.

If your loan is in the MERS® System, it is likely to have been securitized, which means that the chain of title is really messed up an there is likely a REMIC (Real Estate Mortgage Investment Conduit), a tax-exempt entity that soaked investors for loan money, who has no idea you’re in default (the servicer knows!) and the servicer comes in disguised as the Lender, retains an attorney, obtains a foreclosure, sells the house post-judgment and runs away with your earnings.  This is why mortgage loan servicers are in business.  You make gobs of money when 95% of the homeowners run away and leave their homes to the servicer and their law firms, who split the booty, post-sale. MERSCORP (in whatever form) and its wholly-owned subsidiary, Mortgage Electronic Registration Systems, Inc. were created to bolster lighting fast transfers of loans electronically, that have allegedly been securitized (paid for with investor money instead of the bank’s own money) and sold and re-sold multiple times on Wall Street.  This can only happen if the loan is securitized.  MERS IS NOT (AND SHOULD NOT BE) USED IN PORTFOLIO LOANS!

If you just understood what I just said … the REMIC does NOT know when you are in default because the servicer is required to make your payments to the investors, even when you don’t.  When people realize this, they get really pissed off because all along they thought it was all their fault.  The “noose” was tightened around your neck when you signed the mortgage loan in the first place!  Speaking of fault … did you come to realize the word “fault” and “default” are similar?  How do you know you’re actually in “default” if the servicer has been making your mortgage payments all along?   This is the “power over” debt collection game they play with you when you’re late on your mortgage payments.  All this time, the servicer has been making the payment for you and you never knew it.

These are only a fraction of the “truths” I teach at my workshops!

Homeowners who think they’ve been defrauded want to sue everyone tied to the mortgage loan.  THAT is the first big mistake that homeowners make.  That’s because their confusion has caused them to become angered (the third phase of foreclosure) for all the wrong reasons, to the point where they lose all rational consciousness in making proper decisions about litigation. Listening to people putting forth information and then acting on that information (without first vetting it just because it supports some sort of rational argument they have in order to make a living steering people down rabbit holes) accomplishes nothing either.  This is why many people become confused. Once they enter the cesspool of foreclosure cases looking for answers, they get so overwhelmed they don’t know where to turn or who to trust.

My research shows me that if the banks and mortgage companies were conniving and calculated enough to pull one over on you at closing, then the obvious objective is to give them their just desserts in return.  “Wise as serpents, harmless as doves.”  Going out and filing big lawsuits against lenders without a reason or any “litigation logic” using that same rationale is futile and fatal.  Why waste your money and your time?  The fact you are being foreclosed on brings an undue psychological burden on the mindset, which in turn induces stress, which in turn affects both your mental and physical health.  This is why 95% of homeowners “run away” and don’t fight.  This is why America can easily be “taken over” by the “party elite”, because most do not know HOW TO fight, let alone WHY.  If you knew HOW TO fight, wouldn’t the WHY develop into something more logical?   This is like taking karate or some other form of martial arts training.  There’s no “false hope” here because you are confident you stand a chance of winning.  You either choose to fight or you don’t.  You can still walk away from a fight and save your mental and physical anguish by formulating an alternate plan (otherwise known as PLAN B).

Everything from taking out the mortgage loan to fighting the alleged “lender” in court has a certain amount of risk.  Some of this risk is calculable.  Some of it is not.   You chose the path you are on for a variety of reasons and now you must choose the right reasons to either run and hide from your creditors or to get educated, stand up and fight them.   Filing bankruptcy only aggravates your struggle and to that end, I will explain that in the next step.

The journey begins with the chain of title … 

There is only one place that you’re going to be able to locate the foregoing and that is in the office of the clerk or recorder of your county records.  These folks get paid to help you search out the necessary documents.  If you live in a rural area with an underdeveloped county recording system, it’s highly likely that you will have to search all of this by hand through the index, which is organized by last name, then first name until you locate the recorded copy of your warranty deed.  This is your proof that title has been vested in you and no one else.

As a title consultant for many years, I can safely say that in most instances, this is your starting point.  You do not need certified copies of everything, just regular printed copies you can scan and mail to others who may have more research knowledge than you.  Getting together with other homeowners to discuss your findings after a visit to the land records may expose you to more research truths, which you need to begin your quest to justice.

You MUST collect the entire chain of title for your property in order to be able to fully analyze it (or have someone else that is more formally trained analyze it).  Skimping to only obtain the first couple of pages of a mortgage or deed of trust is just plain penny wise and pound foolish.  You need to see the whole document to see HOW you got screwed.  The devil is in the details!

Mortgage = Payments until Death  (Duh … “mort” … in several languages, means “Death”)

STAY TUNED FOR STEP THREE!  (I will discuss HOW the chain of title is used to formulate your case for trial!)

For more information on the Foreclosure Defense Workshop, click on the link!

I’m only doing this once this year!

For more information on Dave Krieger’s information library, CLICK HERE!

NOTE: Foreclosure defense attorneys are attending this Workshop!

Advertisements

4 Comments

Filed under OP-ED, Securitization Issues, workshop

STOP WALLOWING IN SELF-PITY AND START FIGHTING BACK!

Op-Ed — The author of this blog (Dave Krieger, not the same “Dave Krieger” that got fired from the Boulder Daily Camera for speaking out against the newspaper’s owner, a hedge fund that he claimed was the ruin of his daily newspaper, where he was an editorial columnist, against the orders of the publisher) has written four consumer-related books and four legally-related manuals on debt collection, credit restoration, foreclosure defense and “end game” strategies.  The purpose of this blog is to encourage activity through education and not to render legal advice. 

Woe is NOT me!

I write this post to convey a thought process that had not only entered my mind at a point in time back in late 2002, but I also had to consider that other American homeowners have also had this same thought process under similar circumstances as frequently as the moment you’re reading this post.  My intention here was not to write this in a demeaning way, for we are human and as humans, we make mistakes.  I wrote the book Clouded Titles because I made a mistake and I wanted to learn from it through research.  I self-published my first version of Clouded Titles in December of 2010 after two years worth of research into what in the hell was going on across America, partly because no one else was rising to the occasion and I saw a need for getting this research out there.  Someone had to say something … and no one was. Once I published that book, I was no longer a victim of that mistake.

I have been accused by some of being an opportunist.

If you think that selling copies of a self-published book is a way to get rich or was my only purpose for making money in handing out information … the real reason I did this was because time is money … and over time, I’d lost a lot of money.  Printing copies of the book cost money, which is why self-publishing is so expensive and many times will stop a person from publishing a book.

I further had to reflect on the ways that homeowners (as borrowers) became discouraged and then confused when they further wade out into the “river of cures” for their situations, only to find charlatans and thieves waiting to take their money and run. This includes foreclosure defense attorneys, many of whom have figured out “the delay game” and recklessly charge for that. While it is true that there are many attorneys who continue to educate themselves as to how to fight the banks and are successful in court, they are far and few between. Many of those attorneys who stand up and fight, get knocked down.  Some of them are disbarred for doing the right thing by their homeowner-client.

This is part of the confusion that the banks absolutely love, because they’ve already “gotten ahead of this” legal game they are fighting by having Congress and our state legislatures create laws to help banks and hinder homeowners.  Thus, when the confused homeowner finally realizes he’s been duped, he becomes angry and this is where the real problem begins because all rational logic and common sense about litigation goes out the window.  Now the angered homeowner “knows everything”, even though he didn’t go to law school.

They just want a “free house”, your Honor! 

This statement has been recited in open court tens of thousands of times by foreclosure mill attorneys, while the uneducated homeowner sits there with his thumb up his ass!  Why didn’t you or your attorney object?  Oh … you didn’t know you could do that?

I’ve discovered there were people who became “entitled”, thinking that all of the research I did should simply be handed to them for free because “they deserved it” and that if I really wanted to help homeowners, I would just hand out all my research for free.  THAT mindset is what got me into trouble in the first place.  That is part of the “self-pity” phase that will get you into trouble if you let it.  My first mistake was to put my first version of Clouded Titles out in pdf format, which was available for $19.95, which was subsequently purchased and downloaded all over the internet for free through the homeowner foreclosure networks.  My intention was to use the proceeds from the book to do a national tour, offering free, daily workshops for homeowners in 50 cities, but as a result of this “entitlement”, THAT didn’t happen. I learned NOT to make that same mistake again, because it costs for me to research and publish and my time is worth something. Your time is worth something too. Stop thinking it isn’t.  THAT thinking got YOU into trouble because it was at that point YOU became a victim and became discouraged.

I have been accused by some of giving false hope.

Albeit, God only helps those who helps themselves, but I liken this scenario to being slapped around for trying to do the right thing.  If you are facing foreclosure or are in the middle of it, then I have walked in your shoes and I do not deserve to be treated as if my voice should be silenced because I chose to stand up and fight.  I thought this was America and this is what Americans do when there is a wrong that affects the masses and Congress doesn’t want to listen.  Apparently, there are some out there that think I’m trying to get rich off of the backs of struggling homeowners and that was never my intention.  This is one of the reasons I volunteer at WKDW-FM Radio and have a consumerist show called City Spotlight – Special Edition, where I’ve spent over a year, discussing my research (along with my frequent co-host, R. J. Malloy, who is a retired attorney and former law clerk to a U.S. District Court judge) with listeners (and attorneys who listen to my show).  My show, which is 55 minutes in length, airs every Friday at 6 p.m. EDT and repeats every Monday at 2 p.m. EDT.  I have talked in greater detail about a lot of the stuff I teach at my workshops (chain of title, foreclosures, corruption in the court system, etc.). You can listen live just by going to the website and clicking LISTEN LIVE … for free!  (You get to pay for internet access, as NOTHING is for free!)   

I regularly donate money to keep this radio station going, as it is listener-supported community radio.  If I make anything off of my program, it will be because it may be syndicated in the future.  I will continue to donate part of those proceeds back to the station to keep it running.

BUT!  Why should I continue to do that if you don’t care?

I have had any credibility I sought to build (through my efforts to educate and speak out) attacked by MERS, the banks, law enforcement and the media. 

This goes to show you that in life … no pain, no gain.

Even if you have pain, the first thought entering your mind is to give up and run away.  Others have tried that and failed miserably.

I have learned that when you run … you fail!  Throughout history, Americans who ran from a fight ended up being taken prisoner and we have all been enslaved in debt in this country to one extent or another.

I became aware that as early as 2011, bank attorneys and information technology employees working for the banks and MERSCORP, Inc. nka MERSCORP Holdings, Inc. (and its wholly-owned subsidiary, Mortgage Electronic Registration Systems, Inc.) were monitoring my every activity, from radio shows to TV interviews to blog posts.  They do this for a reason. They want to know if authors like myself are saying anything defamatory about them or spreading false rumors about them.  They also wanted to monitor my “educational output” because they want to know HOW homeowners were being taught to fight back and what they could expect.  This further educated them as to HOW to counter attack homeowners in court.  This blog post and my radio show are not the only outlets being monitored either.

Because of my sharing of this research to the Texas Clerks’ Association, my team and I were retained by Nancy Rister, who is still the County Clerk of Williamson County, Texas, to conduct an audit of her records (see the link below):

WILLIAMSON COUNTY REAL PROPERTY RECORDS AUDIT_January 29, 2013

As a result of the release of that “Audit”, then-MERSCORP, Inc. CEO Bill Beckmann bought almost a full page ad in the Austin American-Statesman, on February 7, 2013, attempting to refute the contents of the 179-page report.  I knew for sure that this so-called “MERS”, by whatever definition, was watching the goings-on and the public reaction to my research and the results of the report.

As soon as the OSCEOLA COUNTY FORENSIC EXAMINATION was released to the public, the media outlets (who I suspect were spoon-fed information by the Osceola County Sheriff’s Department, in violation of F.S.A. § 400) proceeded to attack myself and Osceola County Clerk of the Circuit Court Armando Ramirez because of my “colored past”.  This is all part of the sacrifice I had to make … and some of the disgruntled homeowners, naysayers and gainsayers proceeded to jump on the bandwagon … people who I thought were fighting for homeowners … and attacked me as well by furthering the misrepresentations contained in the media news outlet reports.  You see, this is all part of a process known as “demonization”.  It’s what the “system” does to those who protest in order to “keep them in line”.

I do not care what some of these gainsayers have said (including referencing my “bolting from a news conference” I elected to speak at like “O.J. Simpson in a Hertz commercial”) because it became obvious to me that they were just out to get publicity for themselves at my expense.  Several attorneys who read the 758-page Forensic Examination wanted to sue the gainsayers for defamation, but I told them that what they did was part of the cost of “getting the word out”.  They can say all they want, but the truth is out there.  Bad press is still press.  So the next time you see those assholes, and you know who they are, thank them for the further misinformation and bad press, because it furthered my cause.

The banks and MERS reacted to it.  Law enforcement reacted to it.  The media was spoon-fed 20-year-old information so they could take up a political agenda against the Osceola County Clerk, Armando Ramirez.  Soon after the reporter wrote the scathing article, he quit the Orlando Sentinel.  The Osceola Sheriff whose detectives I suspect leaked the information to the media in violation of state law did not seek reelection.  What should that tell you?  It pays to fight!

Here’s the thing … we’re Americans.  A large number of us fought and died to preserve our rights under the law for the rest of us ever since the history of this great land of ours began.  Have we forgotten what history has taught us?

The world doesn’t end just because you got “served” with notice of foreclosure … so … I have to wonder why the percentage of homeowners who “run away” is so high.  

It does not matter whether you’re in a “deed of trust” or “mortgage” State, the bank (or its servicer) HAS TO serve you with notice that your home will be advertised and sold on the courthouse steps on a given date in time or in the alternative, if you don’t show up in court, you will be found in default and could lose your home anyway.  Sadly, 95% of Americans who get “served” with foreclosure notices pack up and move.  They run from a fight.  No matter what.  They too suffer the end result of 7 years of bad credit or continued attacks by third-party debt collectors who bought their deficiency judgments from the banks, post-sale because they chose to be a victim.

I refused to be a victim … and I changed my scenario! 

No bank can ever foreclose on me.  I live quite comfortably through my own efforts and not because I “fleeced” money out of disgruntled homeowners on a regular basis.  I pay for this website to post blogs.  I offer workshops that I have to charge for to cover the expense of bringing in attorneys to teach foreclosure defense information to struggling homeowners.  I only do this once a year, when and if the need arises. I saw the recent uptick in foreclosures announced by Black Knight Financial Services and THAT, my friends, precipitated my need to pay attention to trending activity on the part of the conniving megabanks banks who appear to be in control of Wall Street and the secondary mortgage market.

If the percentage of homeowners who ran away from their mortgages (and their homes) was only 25% (and not 95%) … and everyone knew the rules of evidence and civil procedure (as foreclosure mill attorneys do), then there would be no need for me to even continue this blog post, let alone host seminars. However, the uptick in foreclosures has regenerated the need to help homeowners again and this is why there was a need to set up a workshop.  The foreclosure activity against American homeowners will not stop until the banks and Congress have all turned us into a nation of renters and debt slaves who can be controlled by the hierarchy.  The league of those who believe that they know more than we do is called an oligarchy.  Frankly, this “league” is there because they’ve already figured out that if you have money (and lots of it), then they can be in control of not only their lives, but the lives of others also, including yours.

I am still “in the fight” and I am mortgage free, even with my “colored past”! 

You have to understand that at some point in time, through a decisive action plan of steps, you can finally see the “light at the end of the tunnel”.  If we were taught to live by example, then why weren’t we financially educated in high school?  Today’s financial education is still “missing” or “lacking”.  I believe this is deliberate.  Media advertising is still deceptive to a  degree because it lures people into using credit to “buy now and pay later (with interest)” for something they should have saved for all along.  It seems that no one saves anymore.  We are so conditioned to impulse spending we’ve forgotten that principle.  Having equity in a home is also a form of saving, but even equity is FAKE until its realized through the fruition of sale of the property.  THAT should have been the American Dream … but it wasn’t, was it?  Over half of America is NOT prepared for perceived “retirement”.  That’s sad, even though they could do something about it.

Most people who are debt free (or even mortgage free) might simply just ignore the plight of all others who face the perils of foreclosure. So why am I still here?  Perhaps my own personal experiences have been either by best friend or my worst enemy.  I am constantly continuing to research and learn lessons from all of this.

Whatever the case, if you don’t know your rights, you don’t have any!  I may be missing some of my rights, but you do not have to be placed in or succumb to the same situation.  Your first ambition (goal) should be to learn HOW you got into this mess … and then learn HOW to get yourself out of it WITH AS LITTLE FINANCIAL DAMAGE AS POSSIBLE and with as little of a financial risk as possible!

So quit with the “pity party” and start looking for right answers through right thinking … and stop thinking like a victim.

THAT’S STEP ONE! 

Stay tuned for STEP TWO! 

 

10 Comments

Filed under OP-ED, workshop

“MERS” Entities and RoboMills are now “off the hook”!

(BREAKING NEWS, OP-ED) — 

Consent Order Terminations were issued this past week by the five federal agencies that imposed them on MERSCORP Holdings, Inc. (f/k/a MERSCORP, Inc.), its baby bastard child, Mortgage Electronic Registration Systems, Inc. and Servicelink Holdings, LLC, as successor to Lender Processing Services, Inc., DOCX, LLC and LPS Default Solutions, Inc., entities that were connected to multiple robosigning scandals that were exposed in the wake of the 2008 financial crash.

You may recall that DOCX’s President, Lorraine M. Brown, was sentenced to five years in Club Fed for her role in orchestrating the alleged phony document recordings in concert with lenders and servicers all across America that affected the chains of titles to millions of pieces of real property.

Conveniently, Fidelity National Financial (FNF) spun off its affiliation with the foregoing robomills before the SHTF and the April 13, 2011 Consent Orders were issued by the Office of the Comptroller of the Currency (OCC); the Federal Reserve’s Board of Governors (FED); the Federal Housing Finance Agency (FHFA); the Federal Deposit Insurance Corporation (FDIC); and the Office of Thrift Supervision (OTS).

Attached to this article of the respective pdf files of the Orders just issued:  enf20180112a3 enf20180112a6

Read ’em and weep … because our government is in bed with the banks and with the “changing of the tide” in DC, the current administration has let loose of these entities, claiming they are in “compliance” with the previously-issued Orders.  What a joke!   The MERS® System has not changed one iota.  MERSCORP Holdings, Inc. is STILL the Electronic Agent in all securitization transactions where Mortgage Electronic Registration Systems, Inc. has positioned itself to be a “nominee” and “beneficiary” for the Lender, setting up an agency relationship that mortgage loan borrowers have no idea was created; how the agency relationship was created; and the terms and definitions the borrowers agreed to.  All of this was never stated on the mortgage loan documents (security instruments), so how then can a borrower give either “MERS” or Mortgage Electronic Registration Systems, Inc. (which is NOT “MERS”) permission to set up an agency relationship as an Electronic Agent for anyone when they don’t have all of the listed details?

Further, robosigning still continues, despite revelations in document examinations of the public records in Southern Essex County, Massachusetts; Williamson County, Texas; Guilford County, North Carolina; Seattle, Washington; Osceola County, Florida; Multnomah County, Oregon and certain counties in Southeastern Pennsylvania.  To date, Multnomah County, Oregon is the only entity that has collected sums from MERS and its user-subscribers it has contractual relationships with, wherein MERS (which means MERSCORP Holdings, Inc.), is the Electronic Agent ($9-million) in suspect transactions raised by local officials there.

WHAT DOES THIS MEAN FOR YOU?

If the Consent Order has been terminated, it means (in part):

  1. Mortgage Electronic Registration Systems, Inc. no longer has to report to the five federal agencies for anything;
  2. MERSCORP no longer has to notify the feds when someone sues it or one of its members; and
  3. That its business as usual in getting away with claiming that robosigners can continue to do what they’re doing and cause the land records across America to continue to be plagued with false and misrepresentative documents.

IT ALSO MEANS: 

  1. The title companies are still going to “write around” the defects created by these documents, which means
  2. Your title polices (Homeowner’s Indemnity Policies) still aren’t worth the paper they’re printed on!

IT FURTHER MEANS:

  1. The U. S. Government is still “in bed with the banks”; and
  2. As long as we keep allowing this bulls**t to continue … the land records will continue to become even more tainted to the point where property ownership will be so diluted with errors, having a county recorder to monitor “crime scenes” will become superfluous and redundant.

SAY “NO” TO MERS MORTGAGES! 

I am still of the opinion that “once tainted, always tainted”, when it comes to MERS and Mortgage Electronic Registration Systems, Inc. showing up in any property’s chain of title unless that title is “quieted” in a court of law and equity.  Due diligence will prevent you from falling into this trap.  The land records belong to you … use them religiously!

4 Comments

Filed under BREAKING NEWS, OP-ED

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. 

 

Leave a comment

Filed under OP-ED, workshop

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! 

7 Comments

Filed under BREAKING NEWS, Securitization Issues