Tag Archives: Mortgage Electronic Registration Systems Inc.

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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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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