Tag Archives: Mortgage Electronic Registration Systems Inc.

FANNIE, FREDDIE AND MERS: RECIPE FOR COLLUSION TO SCREW AMERICA!

(OP-ED) — The author of this post is a consultant to trial attorneys and author of Clouded Titles – Mayday Edition, which exposed the corruption in banking in tandem with darker forces within the U.S. Government to fuel the largest housing grab America has ever seen.  The opinions expressed here are his own and do not constitute legal advice or seek to draw and conclusions of law. 

There has been a recent unveiling of sorts that discusses the conflict between the two GSE’s (government-sponsored entities) and MERS, which clearly shows who in fact spearheaded the push to turn the secondary residential mortgage market into a lying, conniving, deceiving bunch of thieves that have promulgated the use of electronic promissory notes (“eNotes”), which are uploaded into an electronic database called Mortgage Electronic Registration Systems, Inc. (hereinafter “MERS”), which, at its conception, was owned by MERSCORP, Inc.   Both of these entities were Delaware corporations based in Reston, Virginia.  But no longer.

After being merged into MERSCORP Holdings, Inc. in February of 2012, nearly seven years into the eRegistry (the database itself, which operates electronically to store information on the mortgage loans; e.g. the note and the security instrument), MERSCORP Holdings, Inc. was acquired by Intercontinental Exchange, Inc. (hereinafter “ICE”), which also owns the New York Stock Exchange.  All of MERSCORP’s Reston, Virginia operations were moved to ICE’s data centers in Mahwah, New Jersey, where they exist today.

Collectively, MERS members pay $7.95 every time they enter a transfer of the eNote and its accompanying paperwork in the MERS® System.  Herein lies the rub.  The banking industry, in at least one letter to a judge (in 2009, in Florida), has admitted that once the paper “notes” are uploaded into the MERS® System and become “eNotes”, they don’t need the paper notes anymore and thus, they brag about shredding them.  On another note, there are “archives” all over the country that the megabanks claim hold the originals of the notes and mortgages, available within a reasonable time frame (to be retrieved) as a mortgage foreclosure case develops and the documents are called for.  But is that really the case?  What if these documents were actually “downloaded” from the MERS® System, printed out, and claimed to be (by the lender’s/servicer’s) the originals?

eNotes versus the Uniform Commercial Code (the “U.C.C.”), UETA and e-Sign

This recent article, authored by lawyers within the law firm of Dorsey & Whitney LLP, unveiled an eAlert which seeks to address potential issues which I thought might be useful for you and your attorney to know, or should they?  Due to the nature of the banks and their attorneys to play games with us and misdirect us at every turn with their propaganda … this article, whose link can be found here …

Potential Issues for Warehouse Providers with Electronic Mortgage Notes | Dorsey & Whitney LLP – JDSupra

… could be one major misdirect, according to our UCC guru Bob Janes, author of SHELLGAME MERS, Contrived Confusion, which can be found on the Clouded Titles website!

Here’s what Bob has to say about this article:

This paper shows an ignorance of negotiable instrument law and its interaction with Art 9 of the UCC. It appears to be a continuation of the effort to give appearance (operative word) of merit to the MERS system and the mortgage finance industries desire to profit by ignoring existing law and creating an sham appearance that might be able to help take people’s homes in future foreclosures without adherence to applicable law.

Secured interests under Art 9 are trumped (or is that a dirty word now?) by Art 3.  Only the person entitled to enforce the negotiable instrument has a right in the collateral (mtg or dot).  Whether the name of that person is in the chain of title for the mtg/dot is not important. 200 yr old common law, now codification by 9-203(g) are in unison: the collateral pledged to secure payment of the debt under a negotiable instrument always belongs the person entitled to enforce the debt pursuant to Art 3 of the UCC.  This paper does not address nor even encourage that the new e system design compile factual information necessary to determinations of enforcement right under the negotiable instrument law of Art 3.  The paper’s discussion of ‘perfection’ and ‘controller’ are irrelevant to determination of enforcement right under Art 3.  The paper shows no understanding of the importance of ‘possession’ of the note under negotiable law nor how and when possession is connected to the right to enforce the note.

The paper’s discussion of ‘holder in due course’ (“HDC”) also reflects the author’s ignorance or desire to misstate law.  The many elements of status as holder in due course are not addressed, nor is the system of maintaining eNote or eVault  requisite information/proof of the legal elements necessary to the right to enforce the note.   HDC is a subset of holders under the UCC.  Any person entitled to enforce the note pursuant to 3-301 (holder, nonholder in possession with rights of a holder, a person not in possession but with overwhelming evidence of having been the holder or nonholder entitled to enforce when the note was lost, stolen or destroyed) has priority rights in the mtg/dot regardless paperwork ‘perfection’ under Art 9.

The paper does not address the subservient role of Art 9 to negotiable instrument law and enforcement rights of Art 3.  This paper neither discusses the article 3 requirements for a person to be a holder in due course, nor does it demonstrate that information gathered and retained by the e-system will be useful in determining who has a right to enforce the note, and thereby, to enforce the mtg/dot.

Whether or not the enote/evault system becomes a reality, the homeowner defense against negligent or fraudulent foreclosure remains unchanged as long as the UCC remains as currently in the statutes of every state.  Merit requires discussion of the Art 3 detail necessary to establish enforcement rights in the note, and this paper is without demonstrated knowledge or effort to address the Art 3 requirements, policies, etc.

What do I think of this paper?  Not much.

The Continued Screw Job! 

So you see, Fannie and Freddie continue to peddle their toxic paper into our economy, further screwing with chains of title all across the country with every property their servicers stole on the back end of the foreclosure, which ended up getting transferred to Fannie Mae and Freddie Mac. You only see these two hoodlums on the back end of foreclosures, as they certainly wouldn’t rear their ugly head in the middle of one for fear of giving the government a black eye … and we wouldn’t want that now, would we?

It’s bad enough we have politicians polarizing America and screwing up everything they touch!  They don’t have the decency to quit interfering with the housing market by continuing to allow Fannie and Freddie to exist.

What’s worse, judges don’t really care about the UCC and are quick to misapply it.  Those who aren’t smart about what the UCC says (and turn their lamebrain lawyers loose in the courts repeating this bank’s diatribe) are sure to lose.  Yet we keep going to banks that don’t portfolio their own loans and keep doing business with them.  That’s on us!

 

 

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FDCPA CAN STILL APPLY TO NON-JUDICIAL FORECLOSURES!

(OP-ED) — The author of this post is the author of The FDCPA, Debt Collection and Foreclosures … and posits the following for educational purposes and for your consideration in the paradigm shift that has now become the focus of thousands of consumers.

I’ve noticed an uptick in the number of pro-bank/pro-debt collector law firm postings regarding the U.S. Supreme Court’s latest narrow ruling in the Obduskey case (out of the 10th Circuit Court of Appeals).  I love how these folks like to “pat themselves on the back” for their observations that non-judicial foreclosure proceedings can still be business as usual, despite the caveats their posts now contain.  Why on earth would they post “caveats” to the debt collection industry (which includes law firms like the one Dennis Obduskey filed an FDCPA action against) if they were so sure of themselves in being able to just walk all over borrowers they claim are in default?

Despite the fact the nation’s highest court resolved the federal circuit split on whether non-judicial foreclosures can continue as “business as usual”, the ruling was “narrow in scope” regarding the enforcement of security interests as defined under 15 USC § 1692f(6), which is what the Court focused on in its decision: Obduskey v McCarthy & Holthus LLP, 586 U.S. ___ (2019)

What Congress intended … 

Creditors used to love the idea that they could open up a can of “whoop ass” on debtors any time they felt like it, even late-night, repetitive or threatening phone calls (“I know where you live” and “your mommy’s going to jail” and “we’re going to sue you if you don’t pay” or “we’re going to bomb your office building if you don’t come down here and pay this bill” or “you !@)#(%^!”.)  The caveats I’m seeing in these law blog posts still make reference to the fact that the latest FDCPA-related ruling DOESN’T mean “business as usual”.  It simply means that debt collectors trying to enforce deeds of trusts have to be extra careful NOT to step over that well-defined line of intended “abuses” that do in fact, fall under the FDCPA!

Enforcing a recorded security interest (deed of trust, security deed, HELOC, etc.) in a non-judicial state means just that.  If a third party (the trustee, NOT MERS) intends on using the terms of the security instrument to act as the third party in taking back collateral, the collection activity has to specifically and purely involve that process.  The narrow ruling still prohibits abusive debt collection practices, whether or not a non-judicial foreclosure is still the intended outcome.  The abusive debt collection practices fall under 15 USC 1692d and 15 USC 1692e, as well as portions of 15 USC 1692f (1) through (5) and (6)(B)(C) and (7) and (8).  See here for clarification: FAIR DEBT COLLECTION PRACTICES ACT 09-1996

If you have a case … you have a case … 

Every time the debt collection industry scores a narrow victory, they pontificate their accomplishments as soon as humanly possible, almost to the point of bragging rights (see, I told you so … lemme rub your nose in it) kind of stuff.  This is typical of the legal profession, especially the kind that can operate unchecked when it comes to carrying out enforcement actions.

One of the more remarkable things I find is that all non-judicial foreclosures are assumed to be legal unless otherwise challenged.  One of the things I put forward in the book (mentioned above) is that careful analysis of the debt collection laws needs to be strictly adhered to (the letter of the law), which you are attempting to assert was violated.

How the “chain of title” points to potential suspect violations of 15 USC 1692e(5) … 

Here’s where the latest ammo we’ve been sharing on the C&E comes into play.  Cancellation and expungement (C&E) actions are used to disable and destroy the authority these debt collectors rely on to even enforce a security instrument.  Under “False or misleading representations” (§ 807 of the FDCPA), section 5 prohibits false, deceptive or misleading representation in threatening “to take any action that cannot legally be taken” … which would mean to me that if you could strip away the lies contained within the assignments that generally precede the initiation of a non-judicial foreclosure action through a C&E, the authority of the debt collector would be void and the debt collector’s representations would then be false and misleading, which IS a violation of the FDCPA!

Champagne budget … Beer Belly Pocketbook! 

A C&E action is definitely a cheaper way to wage war on an unsuspecting servicer (who is really behind the scenes of the debt collection/non-judicial enforcement proceeding), stripping away whatever rights it thinks it has to steal your house on behalf of party or parties unknown (which could be Fannie Mae or Freddie Mac, lest we hold the GSEs unaccountable in the end) than waging an all-out FDCPA battle in federal court, which costs substantially more money.  Try to keep the emotions in check for the moment while I finish.

The document the servicers are creating is the assignment of deed of trust (much like the assignment of mortgage), which they claim gives them the authority (on behalf of the alleged “lender”) to appoint a substitute trustee to initiate a non-judicial foreclosure.  Do you have a contract with the mortgage loan servicer?   (Didn’t think so.)  However, servicers have Limited Powers of Attorney, which they claim give them the authority to do whatever they want, including wading into the shark-infested waters of violations created under the FDCPA.  Strip away their authority under the assignment as void … they’re like “chum in the water”.

This is why I’m releasing a two-day training video DVD set with the latest book by attorney Al West and myself, The C&E on Steroids! in very short order.  What better a way to deal with America’s tainted real property records than to fight the good fight head-on in state court, rather than wage a flimsy, unsupported war in federal court without first demonstrating the ultra vires behavior of the trustee thanks to a phony assignment, which you’ve knocked out FIRST in a C&E action!

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DEFEATING DIVERSITY IN FORECLOSURE ACTIONS

(BREAKING NEWS — OP-ED) — The author of this post is the author of Clouded Titles, The Quiet Title War Manual, The C & E on Steroids!, The FDCPA, Debt Collection & Foreclosures, The Credit Restoration Primer, End Game Strategies, Beyond End Game Strategies and host of The Krieger Files.  The opinions expressed herein are that of the author and should not be construed as legal advice.  For legal advice, seek competent counsel that clearly understands what constitutes diversity jurisdiction.

Even in its most liberal stature, the U.S. 9th Circuit Court of Appeals has again, redefined and re-explained that REMIC trusts can end up costing you lots of money in litigation, fighting a losing battle in federal court by re-constituting an opinion of what constitutes diversity jurisdiction.  See the link below to the 17-page ruling:

Demarest v HSBC Bank USA NA, 9th App Cir No 17-56432 (Apr 8, 2019)

You’ll readily notice in the caption on Page 1 that HSBC and MERS were “incorrectly sued”, which would indicate to me they were sued in the wrong name, as indicated in the caption.

Part of the problem here is that the trustee was also sued (Western Progressive, LLC) and the trustee was also out-of-state as to its “headquarters”, which put all of the Defendants, coupled with the $75,000 required for complete diversity jurisdiction, squarely in federal court.

Again, Hawaii Attorney Gary Victor Dubin, who is again in the crosshairs of the Hawaii Bar (thanks to the banks and their attorneys who don’t like lawyers who beat them in court), likens being in federal court to suicide, which he has succinctly stated that it (suicide) is better than being in federal court.  Yet, a lot of people end up becoming victims within the federal system because of improper and incomplete pleadings.   Couple that with WHO you sue and the numbers of removed cases rise exponentially.

Why sue MERS?

This entity is the “bastard child” of MERSCORP Holdings, Inc., which is now owned by Intercontinental Exchange, Inc. (which also owns the New York Stock Exchange).  This newly-acquired entity has the backing of Wall Street.  The ownership of MERS may have changed, but the stupidity of the courts in relying on every tenet of MERS’s flawed business model incorporated within the “MERS® System”, has caused nothing but utter conflict among the state courts and federal circuit courts.

Like MERS says or intimates in its pleadings (among some of the third-person, schizophrenic quotations from its collective counsel and others), “We didn’t do anything wrong!”  “We want to be all things to all people!”  “We are the God of Securitization!”  (sic)  “We are everyone’s beneficiary that names us in their mortgages and deeds of trust!”  “We can be a nominee (agent) and beneficiary at the same time!”  “We can do anything we want, because we’re MERS!”  “We can remove you to federal court because we know your pleadings lack sufficiency and we can get them dismissed!”  “We can be in multiple states at any given moment and the federal judges will do what we say because we own them!” (that’s what they think, seriously).

Knowing you’re dealing with such a filthy, stinking rich entity that kowtows to Wall Street, why in bloody hell would you name them in anything?  Do you seriously have deep pockets?

You’re dealing with a multi-billion-dollar-a-year company here.   Here are some facts you should face:

  1. You signed the mortgage (or deed of trust).  No one held a gun to your head.  You could have walked away from the closing, but you didn’t.
  2. You could have read the entire agreement, asked questions; and when you didn’t get sufficient answers, you could have put off the closing until you got clarification, but you didn’t.
  3. You had no idea that the closing agent and the entity that agent represented knew (or should have known) WHERE the funds were coming from; how the funds were getting to the escrow account that was wiring your funds to the closing agent; and all of the details regarding the validity of the “lender” and “mortgagee of record”.
  4. You had no idea what the acronym “MIN” meant … nor had you any idea of the 18-digit number following that acronym.
  5. You had no idea your loan was being securitized through a Real Estate Mortgage Investment Conduit (REMIC) on Wall Street.
  6. You had no idea that your home loan was being funded by investors unknown to you.

Yet, you got hoodwinked into signing your life away to a life of potential PTFD (Post-Traumatic Foreclosure Disorder), should you fail to make your monthly mortgage payments!

What constitutes diversity jurisdiction?

In order to be able to remove a lawsuit to federal court (which is a court of limited jurisdiction), two things have to occur:

  1. The Plaintiff is a resident of State “A”, while the Defendant(s) are known to be residents of State “B”.
  2. The amount in controversy must exceed $75,000.

Gee … I wonder what would happen if the homeowner showed the caption as:

Joan Demarest and the Registered Holders of Nomura Home Equity Loan, Inc., Asset-Backed Certificates, Series 2006-HE2 … as joint petitioners … with NO defendants listed … and asked for a declaratory judgment ruling on the merits of WHO got screwed in this deal?  Where’s the controversy then?  (you attorneys can chime in here)

In order to have justiciable controversy (the makings of a proper lawsuit that a court can claim jurisdiction to rule on), you have to have a Plaintiff and a Defendant(s).  If you have “joint petitioners” and NO defendants, how can there be a “controversy” if both joint petitioners agree on the same thing?  Despite the fact that the certificate holders are from all over the world, some of them (To Be Determined) may be in the state you’re residing in (State “A”).   If there’s no State “B”, then why list DOES 1-10, inclusive, like this case did?    I actually litigated a case (while out of state) through the mail, with a co-party, as joint petitioners, and got my ruling from a court in Missouri!  Does that surprise you?

Diversity FAILS if … 

  1. There is no amount in controversy (which is what you have in a declaratory relief case, like a cancellation and expungement action (C&E) over a bogus document in the land records; and
  2. You aren’t naming out-of-state defendants until the in-state defendants respond and lock the case up in state court.

Does this make any legal sense to you?

This is part of what we taught in the C&E Workshop in Las Vegas April 6th and 7th. 

America’s land records are a “crime scene”!

MERS’s flawed business model helped make it that way.  Over 80-million homeowners who unknowingly borrowed investor money through securitized mortgages did the rest of the damage.  It was “intentional” on MERS’s part.   It was ‘unintentional” on the homeowners’ part.

Despite the fact you can beat diversity, certain entities will remove the case to federal court anyway, just to F**K with you and your pocketbook!  MERS is one of those entities.

There is a right way and a wrong way to approach this scenario.  What Joan Demarest did in her case was the wrong way.

The “trustee” is a necessary party in Deed of Trust states!

You should know that if you name the trustee in your lawsuit, it’s likely that the trustee is “headquartered” out-of-state.   The trustee (in this case) was declared by the 9th Circuit panel to be a “real party to the controversy for purposes of diversity jurisdiction when he possess certain customary powers to hold, manage, and dispose of assets for the benefit of others”.

This case was filed in Los Angeles County Superior Court on May 27, 2016.  You would think that by then, anyone involved in this case could have figured out what the “end result” could be … but NO!  We have attorneys out there that like to use the “shotgun approach” instead of the “sniper approach”.  This is why California Attorney Al West and I put together “The C & E on Steroids!”   It’s a sniper approach to cleaning up the “crime scene”.   If you clean up the “crime scene”, then what evidence is there that a crime occurred?  What evidence is there that a party has standing to foreclose when the intended “consequence” of an assignment is declared void, cancelled and expunged from the land records?

This is why we found instructional appellate case law to support our research and methodology for doing these types of “sniper approach” end game strategies.  Everyone wants an “end game”.  Getting to that point is why people run into trouble having their dirty laundry removed to federal court where it’s likely to get dismissed on a 12(b)(6) motion.  And the foreclosure happens anyway, because “we’re too pissed to think straight!”

Watch the movie “American Sniper”.  Then, liken that mindset to your approach.  Knowing WHEN, WHERE, HOW and WHY you need to “take out” a target makes all the difference in the world.

Look for The C & E on Steroids!, along with the DVD training video kit, available in early May, only on CloudedTitles.com!

Sniper training at your fingertips!

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FORECLOSURE DEFENSE WORKSHOP IN LAS VEGAS: THE C&E ON STEROIDS!

(BREAKING NEWS) — Due to the nature of the current situation involving the millions of false and misrepresentative assignments littering all of the land records in America, DK Consultants LLC has ramped up its educational attack on the system of things versus those millions of suspect assignments and other documents!  

Clouded Titles author Dave Krieger and California quiet title attorney Al West have teamed up once again to bring you a workshop so specific in nature to the real culprits in the foreclosure arena, we couldn’t keep this quiet any longer!  We wrote a book about it … it’s THE C&E ON STEROIDS! A Layman’s Guide to Cancellation & Expungement Actions!

We’ve put together a tw0-day workshop that gets into the nuts and bolts of the documents that should send mortgage loan servicers and their employees running for cover!

The Cancellation & Expungement (C & E) action is not widely understood, yet with the right ammo, foreclosure defense attorneys can “up their odds” of winning or settling their cases in knowing the information we’ve collected over time can be massively useful to their game plan … so … after much debate we had to share it with everyone!  There is a BEST TIME, an OKAY TIME and a WORST POSSIBLE TIME to do a C&E; however, the ammo we have makes all three potential outcomes for success achievable!

THERE’S A REASON … 

You’ve heard that there have been multiple actions against the MERS® System and Mortgage Electronic Registration Systems, Inc.’s beneficial and nominee status.  If you want to defeat that in your suspect assignment you need the C & E!  With over 80-million homes affected by these assignments, can you imagine the business model you could engage in marketing your services to attorneys and homeowners as a BUSINESS?   These assignments are going to have to get knocked out and if the U.S. Supreme Court decides that MERS is not a valid beneficiary and isn’t really a nominee on your mortgage or deed of trust … imagine how many pissed off homeowners there are going to be that all want to execute on a legal sniper attack on their chain of title that you already have the ammunition for … do you see a business opportunity here?

What are you waiting for?

The downloadable forms you need to attend are right here: LAS VEGAS FORECLOSURE DEFENSE WORKSHOP INFORMATION

Book your sleeping room for this event by clicking on this link: : http://group.doubletree.com/ForeclosureDefense

We got a really great room rate and FREE breakfast buffet! Seating is limited!

THE FALSE ASSUMPTION

There is a false assumption that has floated about for years about how to deal with these assignments and running into court screaming “FRAUD!” at the judge is NOT the answer.  You will lose your case every time without the necessary precursors and attack plans.  So we’re getting together in Las Vegas to bring you the actual “procedures” used in previously successful cases to show you that if any attorney were to employ this out of the gate … we would be saving you thousands of dollars and years of “delay games”!  Everyone wants a “finite end” to the foreclosure mess.  One thing is for sure … over 80-million land records have bogus assignments in them … all residue from the mortgage crisis … and these suspect assignments aren’t going away by themselves!  They will continue to sit there and rot your chain of title until you challenge them and have them removed.   The false assumption by most Americans is … it doesn’t matter what’s in the land records … as long as I get to stay in my home.  This false assumption is what has hurt America.  And the banks and their scumbag mortgage loan servicers continue to get away with “doing the dirty”.

Why would you want to throw good money away that you could use for Plan B (on useless litigation strategies), when you can employ strategies that will not only “get the message across” to the judge in such a way that it FORCES him to do the right thing versus throwing spaghetti noodles at a wall to see which one sticks?  If homeowners could think like investors … we wouldn’t be in this mess.  But they don’t … and we are.

Take the emotion out of your foreclosure and think STRATEGY!   Think of the most damning thing about your chain of title.  What is it?   The assignment, right?  Or maybe you have multiple assignments that are screwing with any common sense that’s left in the chain of title aside from the lack of marketability of title, right?

THE NUTS AND BOLTS

Al West and I have taken these “nuts and bolts” and put them into a working manual that allows you to:

  1. Determine the best process for attacking the right parties in the right venue;
  2. Determine the timeliness of employing said strategies and manage your case costs more efficiently;
  3. Determine how to send the bank’s attorneys into a panic over discovery pointed straight at them like a Howitzer;
  4. Determine how to formulate an attack plan to take out single or multiple targets at the same time;
  5. Determine the best way to shut down your foreclosure case by bringing in the necessary muscle to put the bank attorney’s head on a chopping block; and
  6. Determine the best way to keep your case in play until you’ve achieved finality … and then take out the law firm that brought you this misery in the first place!

Not only that … we’re going to show you HOW TO create a business model attacking notary bonds and making tens of thousands of dollars a year in extra income doing it!  Imagine how many notaries’ commissions you can knock out … and you’re just one consumer!   Imagine a horde of informed consumers (with this business model) doing it as a way to fund their litigation!  You get to help mankind out while taking out the unscrupulous scumbags that are attesting to these false and misrepresentative assignments while going after the law firms that ordered these phony assignments to be created in the first place!  The question is: How far are you willing to go to achieve these ends?

After much analysis, we’ve figured out a way to put the Cancellation & Expungement Action (C&E) into “hyperdrive” to:

  1. Take out the other side’s attorney and have him up on misconduct charges before his respective state bar disciplinary committee!  (This attack plan works in all 50 states!)
  2. Show you that if the judge in your case won’t “do the right thing” … how Plan B: (a.) puts him on notice; (b.) sets him up to have his bond attacked; (c.) sets the county up (the county the judge gets a paycheck from in “doing the wrong thing” by ignoring your demands to heed the evidence in your case) to become the new target of your litigation; (d.) turns the county’s ignorance and willful disregard of the law into potential criminal prosecution against the key players in charge and (e.) turns your plight into a 3-ring media circus that the county cannot ignore!  (Believe me, the county DOES NOT want that!)
  3. Take both the judge and the banks’ attorneys up to the next level of disciplinary action while shaming them in the media!

When a cop shoots someone, he gets put on administrative leave, right?   Why?  Because the proper authorities have to investigate to determine whether or not the cop committed a crime (homicide, attempted homicide, etc.) or acted in self-defense.  He’s on desk duty until the investigation is over, no matter how long it takes!

When a judge aids and abets felony perjury, his sovereign immunity as a judge can be challenged in a multitude of ways.  Once the county he works for (and gets a paycheck from) discovers his misconduct, the county by all right and reason should put him on administrative leave.  He’s on desk duty until the investigation is over, no matter how long it takes!   And don’t think the rest of the judges in that county aren’t going to sit up and take notice!  They don’t want their bonding companies investigating them!

THE C & E GOES INTO HYPERDRIVE … ON STEROIDS! 

When you leave this workshop … you will have the necessary tools to:

  1. Arm your attorney with the right offensive ammo to go looking for bear;
  2. Prepare adequate pleadings to put forward an original petition to generate a responsive pleading in a non-judicial setting that sets the other side up for attack;
  3. Prepare adequate responses to alternatively counterclaim or affirmatively defend a foreclosure complaint that sets the other side up for attack in a judicial setting;
  4. Use BOTH #2 and #3 to set the trap … and 9 times out of 10, the arrogant bank attorneys will fall for it and put their law licenses in harm’s way;
  5. How to posture discovery to trap the bank’s attorneys in a web of their own making;
  6. How to make use of expert witness testimony to attack false assignments and set the attack plan into motion to get the attorney for the bank in hot water;
  7. How to make use of expert witness testimony to assert negligent misrepresentation on the part of the bank’s lawyer;
  8. Start your own business putting notary’s out of business (and maybe even getting them prosecuted for felony perjury);
  9. How to make proper use of discovery to buy you month’s … even years of delays … because it’s so lethal the bank’s attorneys won’t answer it; and
  10. How to do all of the foregoing while keeping your emotions in check and your cards close to the chest!

Think of how much money you could save by implementing this attack plan!

YOU ARE THE SNIPER!

If you’ve read the 10-part series, “Gutting the Underbelly of the Beast” … we’re going to show you the system of things in hyperdrive … using the C & E as bait to go after the other side’s lawyers and foreclosure trustees!   (Lord knows they all need to be in jail, right?)

And the best part of it … we’ll SHOW you written proof that what we’re teaching in this two-day event is working in the courts RIGHT NOW!

AND … we’ll provide you with the business model and the design plans to attack notary bonds and make money doing it!

The question is … are you willing to commit to fighting the good fight?

Are you willing to do a strategic sniper approach and stop throwing good money after bad?

Then you need to be at this workshop!

The downloadable forms you need to attend are right here: LAS VEGAS FORECLOSURE DEFENSE WORKSHOP INFORMATION

Book your sleeping room for the event by clicking this link: : http://group.doubletree.com/ForeclosureDefense

We got a really great room rate and FREE breakfast buffet! Seating is limited!

The ammunition you’re going to gain by attending this workshop is unlike anything we’ve published before; however, what we discussed in brief in The Quiet Title War Manual we’re going to expound upon in this two-day workshop!  Since Al West and I wrote the book … we’ve figured out the game plan and the attack strategies!

You get a copy of The C & E on Steroids! book just for attending!  

(No one else will have this manual but you until months from now! You get a head start!)

This book shows you everything you need to employ the Cancellation & Expungement Action (C&E), including:

1. Sample court filing forms!

2. Sample pleadings used in other cases resulting in a positive outcome!

3. Exhibits used in other cases that worked!

4. Orders issued by courts in C & E actions that have worked!

5. Tactics used to combat the other side’s attempt to get sanctions against you!

6. Use of expert witnesses to expose the other side’s weaknesses!

And since this Workshop is in Las Vegas … here’s Lucky No. 7: Four different attack roadmap strategies for each case!

You get written handouts at the workshop that show you step-by-step assignment analysis (to identify your targets!)

1. Assignment and target analysis!

2. Research components used in case development!

3. How to couple a C&E with a quiet title action!

4. How to determine what legal provisions apply to your case!

5. Steps to take to beat the banks in HOA foreclosure cases! (Great for investors!)

6. Use of the notary to get at the rest of the singular or multiple targets!

You or someone you know needs this information … and seating is limited!  You’ll get hands-on approach training at this workshop! 

The downloadable forms you need to attend are right here: LAS VEGAS FORECLOSURE DEFENSE WORKSHOP INFORMATION

Book your sleeping room at the hotel by visiting this link: http://group.doubletree.com/ForeclosureDefense

We got a really great room rate and FREE breakfast buffet! Seating is limited!

Here is the Registration Form to Attend: FDW REGISTRATION FORM_LAS VEGAS_2019

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Filed under BREAKING NEWS, Securitization Issues, workshop

MERS AND ITS ROLE AS A PLAINTIFF AND DEFENDANT … OR THE LACK THEREOF!

(OP-ED) — This is an educational overview as to what has taken place in the American legal forums in the last two decades and my take on what it all means:

UPDATE: Please see my comments to Lori’s question in the comments section as to Bank of America’s claimed “successor by merger” BS to BAC Home Loans Servicing LP fka Countrywide Home Loans Servicing, LP, especially using MERS to hide the real truth!

HISTORICAL PERSPECTIVE

On January 1, 1999, Mortgage Electronic Registration Systems, Inc. and its parent MERSCORP, Inc. (“MERSCORP”), surfaced as a new brainchild of the mortgage industry after two previously-failed efforts to put an effective electronic database into useable form.

MERSCORP is the “brain” part of  the “brainchild” … Mortgage Electronic Registration Systems, Inc. is the “child” part of the “brainchild”.

The acronym known as “MERS” was attached to the “brainchild” to further confuse the system of things from being able to specifically identify whether the parent or the baby bastard child is coming into play at any given moment.

According to research done by Robert M. Janes, J.D. (retired attorney) in his work SHELLGAME MERS, Contrived Confusion (available at esprouts.com), the “MERS” known in mortgages and deeds of trust as Mortgage Electronic Registration Systems, Inc. HAS NO “MEMBERS”, despite what attorneys for “MERS” have told judges all across America.  The entire system of things has bought into this crap.  Our entire judicial system has been permeated with lies.  As Hitler’s propaganda minister Joseph Goebbels stated (paraphrased), “tell a lie long enough and often enough and people will come to believe it as truth.”

MERSCORP however owned everything known as the MERS® System, up until the time that Intercontinental Exchange, Inc. (“ICE”, who also owns the New York Stock Exchange) bought MERSCORP and all of its assets and transferred all of the MERS servers to Mahwah, New Jersey, where ICE’s data servers are located.  This happened in October of 2018.  From February of 2012 until October of 2018, MERSCORP was merged into MERSCORP Holdings, Inc. and operated as such until ICE acquired it.

MERSCORP had all of the “Members” who technically are users and subscribers of its “MERS® System”.   They have an executory contract with MERSCORP.  As far as I can tell, when ICE acquired MERSCORP Holdings, Inc., ALL of the databases, memberships and every other facet of MERS went with the sale and transfer to ICE.

These latest developments also beg the question: Do I have to sue Intercontinental Exchange, Inc. if I want to go after MERSCORP Holdings, Inc., since ICE now owns MERSCORP?   That’s a question for counsel to answer; however, I personally wouldn’t sue either one of them, knowing what I know about NOT giving MERS a “leg up” … and given the fact that MERSCORP is now backed by the power of Wall Street funding!

MERS WANTS TO BE “ALL THINGS TO ALL PEOPLE”

Unfortunately for MERS, one State (Tennessee)’s Supreme Court gutted MERS’s business model like a chicken in the Ditto decision.  See attached:

MERS v DITTO_TN Supreme Court rules against MERS!

Unfortunately for the other 49 States, their respective Supreme Courts did not issue a ruling as succinctly as Tennessee’s ruling was.   Only Washington (Bain), Oregon (Niday and Brandrup), Montana (Pilgeram), Maine (Greenleaf and Saunders), New York (Agard, Bresler, Collymore and Silverberg), Kansas (Kesler), Arkansas (SW Homes), Nebraska (Dept. of Banking and Finance) and Missouri (Bellistri) did some damage to the MERS® System, but nowhere near the damage inflicted in Ditto.

Sadly, for the rest of the country, especially in Minnesota (Jackson) and Michigan (Sauerman), where the foregoing cases have propelled the MERS business model into fruition, homeowners in those states (except Minnesota and Michigan, where homeowners are essentially f**cked) have a long, uphill battle against any securitized trust that made use of the MERS® System to do its bidding.

REPUDIATION AGREEMENTS: A POTENTIAL WAY OUT

If you were lucky enough to have a mortgage loan originated by New Century Mortgage Corporation or Fieldstone Mortgage Company, you may have a legal solution as a possibility to consider in maneuvering through the legal pitfalls created by the use of MERS in your mortgage security instrument.

To date, to my knowledge and research, these two entities were the only two entities that had executory contracts with MERSCORP (or any form thereafter) repudiated their contracts with the MERS® System and its owner/parent MERSCORP Holdings, Inc.    See the attached below:

NCMC Notice of Repudiation

The foregoing repudiation was validated in the case of DiLibero v. MERS in Rhode Island.  I like to use this case because the Rhode Island Supreme Court likes to rub homeowners’ noses in MERS’s bullshit every chance it gets because Little Rhody’s lower courts have bought into the lies propounded by MERSCORP-retained attorneys.

See the case here: DiLibero v MERS_2015-13-190

In a previous post, I talked about the positive outcome of using the repudiation agreement as a means to assert the lack of standing of the Plaintiff Bank, unlike what happened in the Cruz v MERS case, where Cruz lost because he didn’t use the repudiation agreement. Duh?  (Was Cruz or his attorney even aware of this?)

See the case here: Cruz v. MERS_2015-12-136

The second known notice of repudiation was filed in the bankruptcy case of Fieldstone Mortgage Company, in a rather voluminous omnibus filing:

Fieldstone Mortgage Bankruptcy

As I teach in my COTA Workshops, repudiation of a contract in a Chapter 11 proceeding is like taking a dump.   Getting rid of excess baggage that could potentially weigh you down as to legal issues coming back to bite you in the ass.

In what I’ve just presented, both entities unilaterally decided they didn’t want to play in the MERS® System any further because they deemed it a potential liability and thus NOTICED MERS that they were ending their relationship with MERSCORP.  This has provided at least one homeowner with an “out”.

In what I deem is a “new twist” to the equation, the New York-based law firm of Jenner & Block (where Neil Barofsky works), issued a memo, dated January (2019), entitled “Recent Developments in Bankruptcy Law”, wherein Section 9 talks about “executory contracts” and where the debtor in possession (of whatever is part of the debtor’s estate or business) does not need court approval to repudiate (or cancel) an executory contract (see below):

NOTE: Click on the picture to see it in full size!

For a full copy of the report (in PDF format): Recent Developments in Bankruptcy Law, Jan 2019 (Jenner & Block)

What does THIS SAY for Chapter 11 petitioners who repudiate MERSCORP executory contracts NOT needing court approval?   How do you know a MERSCORP executory contract with a so-called “MERS Member” was cancelled by the Chapter 11 debtor unless you ask about it (in discovery)?   Would you care to go rummaging through bankruptcy court filings (at ten cents a page)?   The repudiation agreement by the defunct lender or notice of such may not even be in there!

MERS AS A PLAINTIFF

In the states that allow Mortgage Electronic Registration Systems, Inc. to file a foreclosure action against a borrower, MERS is simply claiming that it’s exercising its right to foreclose per the language in the security instrument.  In some cases I’ve seen, MERS’s attorneys even come in and attempt to claim a surplus after the sale, even though MERS itself receives no payments, incurs no financial harm, etc. (see Restatement of Mortgages, Third § 5.4), which I think the law firm is clearly attempting to pilfer whatever surplus it can get for its own gains and not those of MERS or its parent.

The problem I have with MERS being anywhere near a foreclosure is not so much the contractual angle, but the damage angle, based on the Spokeo v. Robins decision by the U.S. Supreme Court.  How was MERS damaged?    In the Robinson case in California, MERS plead to the 9th Circuit (as part of getting the appellate court to affirm the lower court’s ruling) that its business model would be harmed if the appellate court didn’t rule in its favor.  You see how the lie permeates into the appellate court system?

Sadly, I liken MERSCORP CEO Bill Beckmann and his Board of Directors as a little Hitler and his band of little crony “yes-men”.   They all need to be in jail!  And speaking of Hitler …

MERS AS A DEFENDANT

The main reason that MERS (as Mortgage Electronic Registration Systems, Inc.) is listed as a Defendant in foreclosure cases is because the Plaintiff REMIC or servicer (posing as the party claiming to have the right to enforce the security instrument) wants to notice MERS in order for MERSCORP employees to check the database to make sure that there aren’t any other “mesne assignees” hiding somewhere within the chain of custody of the electronic trading going on involving that alleged loan, in order to provide a “clearing” of potential unknown Defendants that may come in later and file a claim in the case.

THE SUPREME COURT HAS (TO DATE) NOT ALLOWED ANTI-MERS CASES TO COME BEFORE IT

Writs of Certiorari have tried and failed.  However, I still believe that we will continue to see more MERS-related decisions appealed to the nation’s highest court until the matter of MERS’s flawed business model and the damage it has inflicted on over 80-million homes finally gets resolved.

THE BOTTOM LINE IS STILL THE ASSIGNMENTS: THE DEVIL IS IN THE DETAILS! 

Again, if you go into the back of The Quiet Title War Manual, you will see state-by-state listings of statutes that cover certain elements of law involving quiet title, declaratory relief, deficiency judgment law, etc. … and below that section, three individual paragraphs on actionable statutes and case law involving violation of statute in the recording of documents into the land records which contain false information (many of which are felony-rooted in nature) or violate provisions of state consumer protection act laws.  We are now (based on my past posts) seeing the use of these mechanisms in attacking the banks’ attorney(s) (because sometimes there is more than one attorney or law firm involved in any given foreclosure) in turning a statutory violation into an ethical violation!

When a foreclosure mill attorney is put “at risk” of being suspended or being disbarred for suborning perjury, committing perjury or some other ethical misconduct, do you really think he (or she) is going to want to stay in the fight?   Further, what future substituted law firm would want to step “into the pile of poop” created by the first law firm, knowing it would put itself “at risk” of having its Errors & Omissions insurance policy attacked?

Things To Watch Out For …

  1. Any entity that has filed for Chapter 11 Bankruptcy before 2010 … as to whether they got court approval to repudiate the MERSCORP executory contract.

This provides you with a potential argument (or at least an affirmative defense to a foreclosure) that MERS and its alleged “agents” (“officers’)  for the “nominee” has any authority that was repudiated by the originating lender (debtor-in-possession);

2.  Assignments dated AFTER the originating lender filed for bankruptcy (easily discovered on Google or Google Scholar).

You especially want to check for language within the assignments (of mortgage or deed of trust) that says, “together with the Note”, because MERS cannot transfer what it does not have an interest in.   Secondly, not many people argue that there is no specific right delegated to MERS to “assign” anything.   Thirdly, NOTES ARE NEGOTIATED … not transferred or assigned; and

3.  Any mortgage foreclosure complaints, notices of trustee’s sale or similar notices that reflect that MERS has any authority to do anything, specific to the state of the union you are in.

Certain states, as I’ve mentioned before, do NOT allow MERS to do much of anything, while in other states, MERS can pretty much steamroller over homeowners.

My question is, why are you still living there?   Or better yet, why haven’t you attacked the assignments in Consumer Protection or statutory claims?

The Devil Is In The Details

Always check the assignment of mortgage or deed of trust for:

  1. Self-dealing (by the servicer and its employees);
  2. Claims that the note was “assigned” in addition to the mortgage or deed of trust by MERS;
  3. Names and addresses of law firms involved in the assignment;
  4. Names and addresses of title companies involved in the assignment;
  5. Names and addresses of servicers involved in the assignment that claim the Plaintiff’s address is in c/o the servicer’s address;
  6. Names of known robosigners involved in the assignment;
  7. Names of notaries participating in the assignment that are acknowledging under PENALTY OF PERJURY;
  8. Phony MERS addresses (like their alleged Ocala, Florida address, which actually belonged to Electronic Data Systems);
  9. Dates of assignments that well post-date the REMIC’s 424(b)(5) Prospectus Cut-Off and Closing Dates;
  10. Post-dating or back-dating of the assignment; and
  11. Documents created in one state that are executed in another state.

Any of these “details” can be used as evidence to go after the law firm attempting the foreclosure!   And THAT my friends … is how the system of things should work!

Coming soon …

P.S.: Hat tip to David A. Rogers, Esq. of Austin, Texas for the Fieldstone materials!

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Filed under OP-ED, Securitization Issues