Tag Archives: Robert M. Janes J.D.

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!

11 Comments

Filed under OP-ED, Securitization Issues

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

 

3 Comments

Filed under BREAKING NEWS, OP-ED