MERS – TOO MANY DEAD DUCKS

While fishing for bank-related patents this gem surfaced and jumped into the net.  At first it wasn’t apparent it was a keeper because the UETA issue has not been in the forefront of foreclosure defense. However, taking the time to dissect the document it became apparent that, as some of us have suspected, there is a mandatory methodology from the origination of the mortgage loan on a trip to the securitized trust that includes the EXPLICIT CONSENT of the obligor (homeowner).

Yup… The road to securitization needs an electronic record that the “issuer” aka the “obligor” has explicitly consented to at the time of origination. Yeah, ya think maybe that was the real intention of MERS aka Mortgage Electronic Registration Systems, Inc.? But it looks like it didn’t have all its ducks in a row. This is a lot to digest – but you need to know and understand this information in order to plead your case correctly before the courts.

THE 3 STOOGES OF MERS – DISORDER IN THE COURT

A landmark decision was made this week in Culhane v. Aurora in the United States Court of Appeals For the First Circuit without a complete set of facts set out before what  appears to be its clueless judges.

The case decision, an APPEAL FROM THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MASSACHUSETTS was to some degree based on the merits of standing answering the question: “Whether a mortgagor has standing to challenge the assignment of her mortgage — an assignment to which she is not a party and of which she is not a third-party beneficiary — is a matter of first impression for this court.”

AG Jack Conway Calls MERS a Ghost and a Front – Files a Lawsuit Against MERSCORP Holdings, Inc.

Weep no more my lady
Oh! weep no more today!

Bravo – Kentucky Attorney General Jack Conway!

Attorney General Jack Conway announced that his office filed a lawsuit on January 23, 2013 in Franklin Circuit Court against MERSCORP Holdings, Inc., and its wholly owned subsidiary Mortgage Electronic Registration Systems, Inc. (MERS) for violations of Kentucky law. The lawsuit is a result of Attorney General Conway’s investigation of mortgage foreclosure issues in Kentucky.

The lawsuit alleges that MERS violated Kentucky law by not  

Where are you George Bailey? You apparently are not in the White House…

In 2010, Meg Rehrauer, a J.D. Candidate at Northeastern University School of Law, wrote a memorable paper:

REGAINING THE WONDERFUL LIFE OF HOMEOWNERSHIP POST-FORECLOSURE DEFENDING HOMEOWNERS FROM EVICTION AFTER FORECLOSURE BY ATTACKING THE OWNERSHIP RIGHTS OF THE FORECLOSING ENTITY

It’s Christmas 2 years later and we’re still reeling in foreclosures and frauds committed by the banks because America is stuck in the portion of George Bailey’s dream as if he hadn’t been born.

Computerized Robo-Signing: Is Green Tree Servicing Taking Robo-Fraud to a Whole New Level?

Never let it be said that where there is big money invested, there won’t be crooks in the kitchen.  It doesn’t matter how big you are there’s always a short cut that can that can potentially create more wealth – if you don’t get caught.

An investigator in the northwest uncovered just such a scam – so big that authorities claim it needs multi-state attention. It appears Green Tree Servicing has been flying under the radar and was hardly noticed until a recordation research team began uncovering similarly signed documents – yup, the old robo-signed Assignment of Mortgage trickery again… but this time new and improved via computer, maybe for speed and precision, ya think?

It appears the signatures are in the computer – no dummies needed to sign – just fill in the

“MERS is not a “holder” under the plain language of the statute,” says the Supreme Court of the State of Washington

Finally, the Rule of Law is followed by the brilliant masters of the Washington state Supreme Court system. Yea! This ruling affects over 67 million MERS mortgages – whether in foreclosure or not.  As good as it is – there are still more facts that need to be adequately plead and addressed by the Court(s).

The Washington Supreme Court ruled unanimously today in Bain (Kristin), et al. v. Mortg. Elec. Registration Sys., et al., No. 86206-1 defining the statutes to determine that MERS (Mortgage Electronic Registration Systems, Inc. – the mortgage industry’s controversial document-recording system) was not entitled to be a beneficiary in Deed of Trusts and

SECURITIZED DISTRUST – PART TWO

“The abuses and dishonesty and multiple breaches of contract within the shadow banking world of securitized trusts appear to have been endless, now with new revelations regarding the rigging of Libor rates, as well as constituting a litigation puzzle for borrowers and for their attorneys seeking to use those abuses and dishonesty to their advantage. But how?”

SECURITIZED DISTRUST PART TWO provides another outstanding synopsis of the banking foreclosure fraud and little known hidden secrets used by lenders to defraud the borrowers and the courts.

HAWAII SENATE RESOLUTION DIRECTING THE ATTORNEY GENERAL TO INVESTIGATE CASES WHERE FRAUDULENT TRANSFERS AND ASSIGNMENTS OF MORTGAGE LOAN DOCUMENTS ARE ALLEGED.

HAWAII SENATE CONCURRENT RESOLUTION  S.C.R. NO. 39 – NEEDS YOUR SUPPORT AND TESTIMONY BEFORE MARCH 13, 2012 at 10:15 A.M.

Honolulu, Hawaii March 9, 2012    Mahalo Hawaii Senators!  

In an effort to get the Hawaii Attorney General’s focus on the fraudulent documents filed in the Hawaii Bureau of Conveyances, the Hawaii Senate drafted a Concurrent Resolution in cooperation with the House Representatives:

“DIRECTING THE ATTORNEY GENERAL OF THE STATE OF HAWAII TO INVESTIGATE CASES WHERE FRAUDULENT TRANSFERS AND ASSIGNMENTS OF MORTGAGE LOAN DOCUMENTS ARE ALLEGED“…and just in time.

“The REMICs have failed! “The REMICs have failed!”

If Paul Revere were alive today he would be riding through the town warning “The REMICs have failed!” However, the government these days would go, “Shhhhhh!”

Most average homeowners have no idea what a REMIC is – actually most attorneys have no clue …. so, you know many of the Judges are completely in the dark.  REMICs are a form of IRS tax shelter sold to investors as part of the mortgage-backed securities package (Real Estate Mortgage Investment Conduit (“REMIC”) pursuant to I.R.C. §§860A-G).

The documents that killed the REMICs may actually help save your home.

Ratigan on Delaware Fights MERS® – “even where Washington has failed to do so”

Delaware AG Beau Biden: Fighting Fraudclosure
October 28, 2011

Dylan Ratigan has been a powerful journalist in the investigative media exposing the frauds and government mismanagement of the Wall Street Ponzi scheme that lead to the worldwide financial collapse. Delaware AG Beau Biden is the most recent of attorneys general to file a lawsuit on behalf of the homeowners in Massachusetts against MERSCORP, Inc.  Ratigan’s interview with AG Biden identifies the significant issues that ALL attorneys general (including Hawaii) should be considering.

CLICK HERE for the interview.