PARDON! LIVINGLIES OBTAINS WALL STREET PLAYBOOK: MERS TO BE LEGITIMIZED BY ACT OF CONGRESS

LIVINGLIES—GARFIELD CONTINUUM BLOG

COMBO Title and Securitization Search, Report, Documents, Analysis & Commentary COMBO Title and Securitization Search, Report, Documents, Analysis & Commentary

After years of negative judicial decisions about the use of a straw-man on mortgages, MERS was about to lose its existence as well as its credibility. But now all of that is set to change as Wall Street money is pouring into the coffers of those who are receptive (i.e., almost everyone in Congress). The legislation is already being drafted under the interstate commerce clause to ratify MERS and everything it did retroactively. It appears that the Obama administration is ready to pardon all the securitization deviants by signing this bill into law. This information is corroborated by several people who are in sensitive positions — persons who would be the first to know such proposals. Fortunately, there are some people in Washington who have a conscience and do not want to see this happen.

Besides the obvious seediness of this maneuver, it runs roughshod over state property laws, and the rights of investors, homeowners and borrowers. It amounts to a permanent installation of a Federal system that supersedes the county records for recording property rights. Off-record comments I’ve heard from people in power are outraged at this assault on states’ rights. But these people are not legislators, who are getting promises larger than anything in your imagination, if they will support such a bill. It might be couched as a uniform law to be adopted by the states to get around the states rights issues, but it will permanently remove some of the power over property that lies solely within the jurisdiction of the states and place it preemptively within federal jurisdiction.

All of this is scheduled to happen during the lame duck session of congress between now and the end of the this year, 2010. That means in a manner of days, some bill that may look like it has nothing to do with property, mortgages or foreclosures is going to have attached to it a provision whose effect will go even further than the notarization bill that went through Congress like S–t through a goose and almost got signed by the President. We caught that one AFTER it was passed by Congress unanimously but before Obama signed it.

We announced it as an attempt at a presidential pardon to all those who committed crimes in the notarization of documents that were fabricated and forged, all those who committed forgery and perjury and all those who created counterfeit documentation that was presented to courts as original documents.

This time we got the information, we think, before it was stitched into some innocuous looking bill.  If we don’t find it and block it, the plight of homeowners will get that much worse.

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114 Responses

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  2. Who even “gave” these people the authority to create MERS??? Any moron who can obtain a notary seal can do whatever they want? It’s not about free houses… it’s about the rule of law.

  3. [...] an unconfirmed report by consumer-advocate Neil Garfield: After years of negative judicial decisions about the use of a straw-man on mortgages, MERS was [...]

  4. Like you are somebody in the world. Talk about self imprortance. With your caustic attitude you will always be blessed issues. Who would want to help you. You should sue the food companies next, I see a great future case there for you, from your photo on line they did a number on you. In the end you will loose, it is just a matter of time.

    I do hope the courts do not waste to much time with your pathetic situation and really help someone who is loosing their home because of job loss or medical conditions. Investors, flippers speculators, and realtors, and mortgage brokers should all be thrown out oin the street for causing this mess.

  5. @Bill R.
    Speaking of not wasting any time on someone who deserves it, that would be me, wasting time on jackasses like you.

    I hope you look into your own paperwork, because by the time you find these documents in your file, we won’t give a shit. And we won’t help.

  6. I wonder if you were completely ignorant to all the facts. From what I can tell you were or are a realtor in wa state. (perhaps there are 2 of you on in the world) From your story and a lot of others like ou are frustrated that things did not go your way. Again I doubt you would have sent any shared profits to the bankl if your plan worked. Freedom fighter? thats a good one! You seem like a person out get anything they can by what ever means, and feel entitled to things you have not worked for. Part of the whole real estate mess stems from realtors and developers pushing prices up and pusing people into homes they could not afford. For the ones who fell ill or lost a job and can not pay we should all help, but for you and the other speculators, tough beans maybe next time. For now I hope they the courts do not waste anymoney on you and use it for someone who really deserves it.

  7. @ Bill R, aka Jackass,
    If you would care to do more searching, perhaps you will find that not only was I giving my correct salary on my loan, but that my original mortgage broker has dissapeared into Mexico and the assistant to her told me that she would also disappear should I subpeona. This assistant told me that I need to subpeona the origination documents (which leads me to believe there is fraud to be found.) And that they submitted my loan docs to the underwriter not once, not twice, but three times before the underwriter okayed the loan. Well, now. How many times is an underwriter supposed to see those loan docs? ONCE. I was never supposed to be able to get that loan. Nor was I supposed to “try to develop.” That is the story.

    The mortgage broker DOES have a fiduciary duty. And that was not presented.

    So, you are still a jackass, and that is where that lies. The end.

  8. Bill,

    You obviously do not need any help from us nor are you offering any help to us. This blog seems to be entertaining you.

    Move on. Go find a hobby – a REAL one, not just heckling people on this site.

    If you still have time on your hands, go volunteer at a local soup kitchen. I’m sure you could force people there to listen to you. Just be careful, there might be former borrowers in the lines who would not agree with you.

    When you someday realize that your title to your own property is clouded, regardless of having paid puntually, don’t bother to come back.

  9. Bill,

    Answering your questions. The loan was designed to fail. I’m saying not only did they falsify docs, they pulled them from closing docs so I would never have them in my possession to reflect and review. I had to go back and collect a copy of the 1003 form. Do you have yours?

    Blame in the origination is right and making everything right is what I think your referring to as a modification. We’ve all seen how that worked. Do I need to explain.

    The home value has nothing to do with the loan origination. Pretty simple math is when you find your loan is based on the highest salary income per your occupation as a crisis hits calling out bad loans. Now if the income salary was legit. Then my self-employed income earnings would have fallen to the average and I would of had no problems keeping up.

    Moving on. Is the borrower a partner in crime? It’s a case by case basis. Granted, I’ve seen and read of borrowers taking advantage too but there are those of us who were truly trusting as clueless to these crimes. You can’t just sum up fraud with a koolaid party.

    Perhaps this link will better help you understand.

    http://www.examiner.com/mortgage-in-cleveland/varieties-of-fraud-and-predatory-lending-practices-and-tactics

  10. ian,

    So the banks take a liar loan from a client, does not the borrower then become a partner in the crime? should they to not be arrested and charged with a felony? The people I have known that got liar loans did lie, everyone called it “stated income” Now some are angry because they are upside down and made a poor choice. Everyone was in such a hurry to get into houses that they drank the koolaid of ever increasing values.

    Your logic of if the bank had a performing loan of 100k they would make 200k and if it did not perform they would make 400k is a little out there with substantiating facts. who would pay them the 400k?
    Everything was great until the market started to correct itself.

  11. To Bill R- while I understand the gist of your writings, I don’t believe that you have a complete understanding of what has gone on here regarding the so-called “foreclosure crisis”. A couple of quick points- all lenders in the USA are governed by Federal law regarding lending, under TILA, RESPA, FDCRA, etc, if they violate those laws, they are subject to criminal charges. It doesn’t matter whether the borrowers made even one payment- got it? Number two, all the investment banks which securitized these mortgage loans, which were/are called REMICs, were given tax-free status under the IRS statutes. As such, if they breached these statutes, they LOSE their nontaxable status, subjecting both the trusts and the investors through whom the trusts were created, to a 100% tax. Got that? Furthermore, combine these two items with the fact that a 200,000 dollar mortgage could return 100,000 dollars to the entities who originated it if it performed, and up to 400,000dollars to the same entities if it did not perform, and even the most developmentally disabled person could see that the potential and actuality for fraud was present. So, unless you are one of the retards who believe that 20 million Americans woke up one morning and decided to lie on their mortgqage applications, this short treatise should serve to advise you of what is actually going on here. Sincerely.

  12. So perhaps the lenders are at fault legally, then the right thing to do is hold the borrows to their agreed payments and fine and or close the banks,. When you sign a document you read it and then sign it. If you do not understand it do not sign it, pretty simple common sense. No loan mods, no short sales. I have a MERS loan and I am not worried. The economy always has its ups and downs and every generation thinks theres is different/the worst.

  13. To Bill R- while I understand the gist of your writings, I don’t believe that you have a complete understanding of what has gone on here regarding the so-called “foreclosure crisis”. A couple of quick points- all lenders in the USA are governed by Federal law regarding lending, under TILA, RESPA, FDCRA, etc, if they violate those laws, they are subject to criminal charges. It doesn’t matter whether the borrowers made even one payment- got it

  14. So steve you write alot but you do not say why you lost your house. You say you never saw the loan reset. You say they falisfied documents and you bought crap. Did you loose it because the value went down or losty a job? You say keep up with your fraudelent loan? Did your payments shoot up? or are you just looking to lay blame and found that the paperwork was not right? what if they made the paperwork right and say for instance all was perfectly legal and the payments and terms remained the same, would that have changed your ability to stay in the house? I think the end result is that your house value fell and in addition you could not make the payments. Pretty simple math I think. People need to look back to the 40-50’s when people bought what the y could afford and not what they felt entitled to.

  15. well yes they are not in the business of being kind I guess.. They are in business to make a profit. No I am not trolling for chatter, I found this site off a link from kitco and like a bad car wreck I could not look away. I come from an era of when you bought a house and actually had a plan to pay it off and put at least 20% down. I too was offered these stupid loan products, but I refused. I was qualified for 1.2 and I just laughed at the mortgage broker. Fortunes are won and lost in life and it is those who move on and work hard that succeed. Would ms pooley sent money to the bank to share her profits? probably not. Should a fat person sue mcdonalds or coke because they ate to much? What about cars? they are the biggest rippoff in the world. Computers? Why is something you paid 2k for worth 100.00 2 years later- Bill gates you criminal. Should you get a refund on your taxes because the goverment has failed to protect you from yourself? The worst part about it is that the goverment is getting to inflate the crap out of the dollar and the ones who lost there houses or let them go will loose again.

  16. I totally agree with Steve and ditto every thing said. I too am self-employed and had to give 2 years tax returns, sign a 4506, give 12 month business and personal statements, VODs from the bank, VOMs which is much more transparent than a paystub and W2s. Oh and the wonderful Attorney General in California – Jerry Brown – DOES NOTHING.

  17. No free house for me Bill, they already took mine.

    How funny is it that my self-employed taxes have always been done by a accounting firm and are available for review at anytime? A no doc loan my ass.

    How funny is it that Jack Conte at “Mortgage Audit Services” in Calif. demonstrates to me that I never even qualified for the loan? The LTV was well over 55%.

    How funny is it I learn my 1003 form is missing from my closing docs from this link? How funny is it that I go back to the brokers office to retain a copy of the 1003 with his signature and not mine along with my income showing doubled?

    http://borrowerclaims.blogspot.com/2009_08_02_archive.html

    How funny is it I discover this website and many others voicing the same arguments nationwide?

    Just a principal with 64k down-payment for me Bill. No refi. I bought crap and spent two years nights and weekends bringing it to par. My broker with 20 years experience highly recommended the 3 year Option-Arm and I never saw it adjust. The crisis awakening for me hit Nov. 2008 and along with everyone else the lenders flat out ignored us.

    Yes Bill, I lost everything and now homeless. The DA’s office a year latter claims to still be looking into the matter. The Department of Real Estate claims they’re still looking into this but my broker is still writing loans. No lawyers are out there or were out there. The A.G.s office in Calif. directs you to go to the “Department of Corporations” for help. I’m still writing letters via the Dept. of Corps trying to get the lender to respond.

    Yes Bill, I am the American who wants to see my signature on the income form. I am the American who wants to see how my loan was qualified. Don’t feed me some No Doc loan lies or Clinton C.R.A. crap. Even the Freddie Mac underwriting guidelines for stated income states that if the income absolutely can not be verified than the broker is to use a global salary calculator using the average income.

    I am grateful that if it wasn’t for my auditor, the borrowers claim link above, and the living lies website, I would have spent the rest of my savings trying to keep up with my fraudulent loan. Seems odd Bill that anytime and article comes out about the Trusts, MERS, false signatures, and missing documents, I discover my loan is exactly in line with what’s being said.

    As Neil said Bill, All I’m looking for is truth and justice.

  18. @Bill R,

    Banks are in businss to make money, not to be “kind.”

    I think her point is that the banks knew she didn’t earn enough money to loan her $1.1 million and actually expect to get paid back. Yes, she was foolish and naive to take on that kind of debt, but the banks knew better and yet they loaned her the money anyway.

    Why? There is so much evidence out there today from people like Bill Black and others that the answer is the banks were engaged in lending fraud to line their own pockets. Here’s a piece from Bill Black that explains how it was done:

    http://www.huffingtonpost.com/william-k-black/lenders-put-the-lies-in-l_b_780521.html

    Look, from what I can tell, you’re really just here to have fun trolling around for people to argue with. It’s pretty clear to me that your mind is made up, that you can’t even consider the possiblity that the banks caused all of the problems that we’re facing today. But just in case you have an open mind, start with Bill Black’s article above, and take the time to buy and read his book.

  19. Since Ms Pooley responded to my post, called me a jackass, and she has such a unique name I thought I would google her.
    Looks like she is or was a realtor in seattle wa. and tried to become a developer of houses.
    I think the banks were kind in to loan a lot of money for a risky business venture and the banks lost.

    freedom fighter? right…. From this story what exactly did the banks do wrong?

  20. From Karen Pooley on her Foreclosure hamlet page
    link http://webcache.googleusercontent.com/search?q=cache:uTGiSlguo-oJ:www foreclosurehamlet.org/profile /KarenPooley%3Fxg_source%3Dactivity+karen+pooley+hamlet&cd=2&hl=en&ct=clnk&gl=us

    Here is my story:

    I have been involved in the building industry for many years. I have watched as all the builders I worked with made millions and I still was only making $70,000/yr. I thought if I could just build one home, I could make enough to pay for a house in full and I would eventually be able to retire. I used my house that I owned for 9 years, pulled equity out of it to finance the downpayment on a new lot to build on. The banks were willing to loan $800,000 to a woman who makes $70,000. And they wanted me to take yet another loan out for the construction of the new house. In essence, they were going to allow a woman who makes $70,000 a year borrow $1.1 million. Isn’t that wild?
    That is when the crash came. I knew I was screwed as the value of the properties plummeted. And here I sit with two properties, not being able to refinance either. Not being able to build, as the market is done.
    Then, the kicker, I lost my job. No more $70,000/yr. I was on unemployment and couldn’t find work. Was out-of-work for an entire year. I just found work….which thankfully, will be funding my lawsuit, my attorney and this fight against fraud and deceit.

    Now, both properties are under water. I am in default on the house I live in (this was the “tear down” that I was going to build on) and I have another property with which I will start a lawsuit on the offensive. I want to take these banking cartels down. If I win anything, I will take my winnings to help others.

  21. I just got a letter from the California A.G.’s office. Basically it said, “too bad that Aurora had foreclosed. They do not give legal advice (duh!) and there is nothing they can do although fraud had taken place!! They said I should seek legal counsel!!!! Well so much for the California A.G. Jerry Brown made all sorts of promises prior to his election. Now that he won his position as Gov. of California he says “sorry can’t help. Look elsewhere but not to my office.”

  22. @Bill Riley,
    What I find outrageous is people who cling to your belief. Many frauds and laws have been broken, and yet you are stating that because they have been broken by large financial institutions, all should be washed away.

    We are freedom fighters on this site. We are demanding that our system of laws are upheld by the courts, by our elected officials and by our law enforcement. And we are fighting for YOU, you jackass. If you have refinanced in the last decade, these papers are in your own file. Your own title is more than likely clouded.

    What I find funny, and not in a humorous way is that you can look the other way while millions of your fellow Americans are being defrauded. That is what I find funny.

  23. Bill Riley: Maybe some homeowners are looking for a free ride but the overwhelming majority simply want truth and justice. You paint all people who have been the victims of appraisal fraud, predatory lending and violations of nearly every lending law in existence as not having integrity. YOU would be more credible if you addressed the facts. It’s not that they can’t afford the bogus deals they were sold on false pretenses, it is all about that they SHOULDN’T have to pay on a deal to an unknown new party who never lent them the money. YOU ARE ARGUING FOR A FREE HOUSE MORE THAN THEY ARE. IN YOUR SCENARIO THE FREE HOUSE GOES TO COMPANIES WHO COMMITTED A PONZI STYLE SCHEME OF FRAUD. What homeowners want, is what every other victim of fraud wants — to be put back in the position they were in before the fraud. That is now impossible. What we are all looking for is a resolution to the crisis caused by the banking industry where everyone is at the table and nobody is excluded and normal market forces are at work. Under the proposals advanced on this blog by me and other contributors, the thousands of homeowners seeking a modification of their loan (not extinguished as you state as a “fact”) get the matter settled. It is not their fault that the title is all screwed up. They didn’t set up the obligation, note or mortgage and they didn’t perform the closing. Why should homeowners take the responsibility for the screw-ups of the so-called professionals? They just signed what was put in front of them like everyone else does when they go to closing. If the failure to perfect the lien gives them a little more negotiating power, that is only justice, giving them the opportunity to make right what was done wrong.

  24. What I do find funny is that the people on this site think that they are going to get there property for free. I am sure a bunch of them refied and spent money on other things. My favorite to read is the ones who think they had a fraud committed because the paperwork was not right and so they get a free house. I guess if you demand the right paper work someone will come up with it and they will have to move. The guy who says hey I am an American I just want to see the right paperwork. Ultimately if you have not been paying the mortgage and the house is worth less than what you borrowed you know that the game is up regardless of the perfect paperwork. After not paying for 6 months that should give you a clue.

    Why dont you all come clean and just admit you are trying to get a free house and really have no where else to go? That would show a lot more dignity and garner some respect.

  25. Well, I am an American, thus if someone says I owe them money, then what is the problem in bringing in the owners of whom I own a debt? with the proper paperwork, after all is said and done, this is our basic right.

    Property rights come into play here and we need to make our courts obey the laws of our land, so that we can make sure out system of laws work, in everyones favor.

    Fraudulent financial and real property acts should not be tolerated, all persons in this land have rights.

    What is UN American about exerting your natural, basic rights?

  26. The Tao speaks of The Way. And Bastiat below speaks of the way of “little men”. Perhaps we’d better take HEED and Urgently to Tao Jonesing’s conjecture about the “little men” in our Congress.

    ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~

    “When Plunder Becomes A Way Of Life

    For A Group Of Men

    Living Together In Society,

    They Create For Themselves In The Course Of Time A Legal System

    That Authorizes It

    And A Moral Code That Justifies It.”

    Frederic Bastiat

    ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~

    >>> from Tao Jonesing

    Will Future Historians Agree That 2010 Was the Death of the United States of America?
    (http://taojonesing.blogspot.com/2010/11/will-future-historians-agree-that-2010.html

    IN PERTINENT PARTS:

    If what Neil Garfield is saying is true, then yes:

    After years of negative judicial decisions about the use of a straw-man on mortgages, MERS was about to lose its existence as well as its credibility. But now all of that is set to change as Wall Street money is pouring into the coffers of those who are receptive (i.e., almost everyone in Congress).

    I have a hard time accepting that the bill will look anything like the ex post facto law Garfield describes …………………………

    SO, HERE’S MY PREDICTION ON HOW THE WASHINGTON ELITE ARE GOING TO TRY TO PULL THIS OFF FOR WALL STREET:

    There won’t be one piece of legislation but two.

    The first piece of legislation will create federal subject matter jurisdiction over foreclosures involving mortgages that have been securitized (these are the foreclosures that are the real threat to the financial system). This legislation will definitely be passed during the lame duck session of Congress and will most likely be offered as an amendment to either the Securities Act of 1933, the Securities Exchange Act of 1934, the Federal Trade Commission Act of 1914, or some other existing act that ostensibly passed to protect consumers.

    The form that the second piece of “legislation” takes depends on whether federal subject matter jurisdiction will be assigned to federal district courts or an administrative agency. Going the administrative agency route is the most attractive to people seeking to avoid transparency and accountability, but the level of scrutiny on the fraudclosure mess and the fact that foreclosures are truly a local problem makes it far more likely that foreclosures for securitized mortgages will land in federal district courts.

    Regardless, the second piece will take the form of either a bill or a regulation that officially touches on “procedure.” This piece does not have to be passed during the lame duck session, and may not be. My bet is that it will, though, and it may actually precede the first piece.

    If federal district courts see their jurisdiction expanded, we will see a second bill, it will be to amend the Rules Enabling Act. Under the Eerie Doctrine, federal courts dealing with state law claims must follow the “substantive” laws of the states in which they sit, but they must apply the “procedural” laws of the federal courts. If Congress identifies something as “procedural law” for federal courts, they must accept that designation. And what do you think Congress will identify as “procedural,” if they want to sweep substantive state law claims under the rug without invoking the spectre of an ex post facto law? Something like the sufficiency of evidence to establish the chain of title, perhaps?

    If an adminisatrative agency has its jurisdiction expanded (or a new agency is created), we won’t see much of anything. They’ll just issue a regulation at whim (which makes going the administrative route so attractive to those seeking to avoid transparency and accountability).

    Anyway, I will be checking for new legislation every day to see if I find something that smells of what I describe above.

  27. @Tao:

    I appreciate your guidance. Your points were well taken! My response to Les More was not just to him but anybody who echoes his view.

    Especially when those viewpoints are arrived at due to the misdirection, propoganda and media dominance the banking lobbying continues to benefit from.

  28. @Les More,

    My thought of “being an American” is standing up to fraud, lies, and the attack of fraud upon our justice system. Protecting it’s citizens from the threat of attack from without OR within. That means protection from unlawful acts upon them.

    There is nothing more American than that.

  29. @Michael,

    I don’t think it is fair to assume that “les more” knows any banking lobbyists or is in any way an agent of the banks or MERS.

    There are lots of regular people out there who, for whatever reason, are pretty angry at homeowners who can’t pay their mortgages. Their anger appears to be based on the assumption that the homeowners defrauded the banks or overextended themselves because they were stupid.

    In many cases, their anger helps these people to justify why they keep on paying their own inflated mortgages. “I’m playing by the rules, and if you don’t play by the rules, there are consequences, deadbeat.”

    This cognitive dissonance makes them unable to recognize that the banks and MERS have been breaking the rules in far more substantial ways, ways that threaten our republic in a way that a few bad debts can’t possibly do.

    Anyway, don’t meet their misdirected anger with anger of your own. If you can’t explain things to them in a way that opens their eyes, pity them instead.

  30. @Les More

    How do you spell FRAUD! For your information I am current and have always been with my payments. What do you say to a person like me?

    If the banks are so right and have legal standing to do what they did, why are they so hesistant to release the information we are entitled to by virture of RESPA and other mechanisms?

    Check with your banking lobbyists friends, or better yet look in the mirror but don’t bother getting back to me.

  31. @les more,

    The fact that these people are not paying their debts does not mean that anybody who wants to take their homes can do so as long they’re willing to forge documents and commit perjury.

    Two wrongs don’t make a right, and they certainly don’t make a legal right to foreclose on a “deadbeat.” The fraud and the perjury are crimes. The failure to pay a debt is not.

    Think of it this way: what is happening to MERS in the court system is similar to what happens when you try to enter the U.S. via customs. The customs agent checks your documents, and if you don’t have the documents to prove that you are a citizen, a resident alien, or a visitor with a visa, you are denied entry. What MERS has been doing is forging passports because they can’t prove that they have a right to foreclose. If MERS can do it, why can’t you? Why can’t anyone? The deadbeat homeowner deserves it, right? So, go get you some free homes because those cheapskates are trying to get out of paying their debts. Never mind that you have to commit the same crimes that MERS has been committing. It is okay to commit crimes against people who don’t pay their debts, after all.

    This is not about deadbeat homeowners, it is about the rule of law.

  32. LES MORE: You have expressed the feeling of many people. But they are getting fewer and fewer in number. Here’s why: First of all their property value never dropped. The lie was exposed. The value was always the same — much lower than the principal due on the obligation. The value used at closing was a lie and everyone knew it except the homeowner. So the whole deal was a scam because the homeowner was taking on a debt that was based upon false pretenses — and before you give me the caveat emptor response, let me tell you that you can have that “feeling” but it isn’t the law. The federal and state laws governing lending put the appraisal and verification of the appraisal squarely and solely in the hands of the lender. The borrower is required to accept that appraisal and is expected to reasonably rely on it because what bank that was risking its money would have used a falsely inflated appraisal? The answer is that they were not the bank and they weren’t risking their money. They were performing a service for those who created this scheme and they were getting paid for “originating” the loan but not doing the lending. So the first thing is that the homeowner was cheated leaving him with property worth less than the deal he just made. The homeowner was hit with an immediate loss. Under the law the borrower is entitled to rescind and get all payments back and attorneys fees too, which is the way it ought to be. MERS is only one reason why the mortgages are invalid, which puts the victim into a better negotiating position than the one you think he is in. Being an American means believing in being a nation of laws and a nation of truth and justice. The victims of fraud deserve to be be compensated for what was done to them, particularly since everyone else made so much money. Just who do you think is getting the benefit from all these deals? Nobody that lent any money! The investors are suing because they were lied to in the same way. Should they buck up and lose the pension money they were managing too?

  33. Here is information coming in just now from Stop Foreclosure

    Congressional Hearings on MERS

    http://stopforeclosurefraud.com/2010/11/16/congressional-oversight-report-mers-discussion/

    hr 3808 possible meetings

    http://stopforeclosurefraud.com/2010/11/16/meetings-on-h-r-3808-planned-this-week/

  34. this probably will get deleted but here it is. The problem is these people keep complaining about how they were cheated. The big thing is they are not paying their mortgage. It might be that they have no job or they do not make as much, but the reality is they do not have the money. How does the MERS situation really affect the fact theat they have no money or their property value has dropped? It is just a weak way to try and get out of paying. So if MERS all on the up and up these people would still get foreclosed on, what then? who is next in line to blame. I know the truth hurts, but buck up and be an American!!

  35. [...] an unconfirmed report by consumer-advocate Neil Garfield: After years of negative judicial decisions about the use of a straw-man on mortgages, MERS was [...]

  36. It’s curious how Neil claims he ‘doesn’t need to do this work’. If so, then why would he ignore three requests to cancel a monthly subscription, and go take $50 from my Social Security funds? I emailed him on Monday, saying ‘I can’t find an unsubscribe button, would you please unsub me and confirm.’ I got no response. On Tuesday I called, and again on Wednesday, asking to cancel my subscription and to give me a confirmation call. The result? $50 taken on 11/12. Thanks, Neil!!!
    Now I have to call the bank to get a refund and cancel my debit card, which as you all know is a pain in the butt. Thanks again.

  37. I am the author of the 2010 VIrginia law, Health Care Freedom Act, which has given Virginia special standing to sue the Obama Administration over the individual mandate. (elected in 1991)

    There is NO authority for COngress to abolish any state taxes, nor to absolve MERS from not paying back state and county taxes.

    I worked inCongress for 6 1/2 years. If you have any information regarding this alleged bill, please contact me and I will activate my Capitol Hill contacts.
    delegatebob@gmail.com or bob@delegatebob.com or delegatebobmarshall@hotmail.com

    Delegate Bob Marshall (R-VA, 13th District)

  38. 62 million of families are in agony because of the actions of CRIMINAL corporations such as Deutsche Bank/Deutsche Bank National Trust, Fannie Mae, MERS, Bank of America, PJ Morgan, One West Bank, and West Fargo. And all of the companies signing fraudulent assignments. These Gangsters in court have one set of laws while the victims have another set of laws.
    Lately these bandits are using an Allonge to the note as a weapon to fraudulently end the Foreclosure process in court. This technique allows them to kill their victims faster, 62 million of families.
    For how long are we going tolerate these crimes against our nation without penalty?!

    http://www.ForeclosureFraudNew.Com
    email4doris@Earthlink.Net

  39. Liz, the lad who has made all her payments: Indymac is no longer in business–it does not exist. That is one of your problems. The next thing to look at is: go to the county recorder and see if there is an assignment in the record moving your loan from Indymac. If you have MERS in the note and mortgage, you can bet you have a bogus loan. http://www.challenginforeclosure.com Sirak@challengingforeclosure.com.

  40. “Everyone needs to send urgent messages to their congressmen and women to watch for this and oppose the legalization of MERS.”

    Yeah, so after (assuming) they vote against it, they can pull it out of the trash can like they did with the bailout bill, pass it, and send it off to the Criminal-in-Chief.

    Congress is a criminal syndicate. Deal with it. Really. Like the French did back in the day.

  41. Everyone needs to send urgent messages to their congressmen and women to watch for this and oppose the legalization of MERS. I wrote mine, did you yet? here’s the link: https://writerep.house.gov/writerep/welcome.shtml

  42. We currantly have the best government that money can buy.
    I believe/hope that the ex-post-facto clause in our constitution will protect the people now in litigation, but they could/will change the law to affect future foreclosures.

  43. [...] via PARDON! LIVINGLIES OBTAINS WALL STREET PLAYBOOK: MERS TO BE LEGITIMIZED BY ACT OF CONGRESS « Living…. [...]

  44. [...] PARDON! LIVINGLIES OBTAINS WALL STREET PLAYBOOK: MERS TO BE LEGITIMIZED BY ACT OF CONGRESS. Comments (0) [...]

  45. I watched a 1988 B rated movie called They Live by John Carpenter with former wrestler Roddy Piper – It was about us humans being put into a trance thru the media by alien beings and all we as humans did was stay asleep while they went about THEIR BUSINESS – It looks not that much far fetched after all does it ????? We all better wake up and damn soon – enough of us backing one party but start asking straight questions on what the hell is going on !!!!!!!!!!!!!

  46. @Oak

    The course is clear. What we need to do is march on DC like Gideon did around the walls of Jericho. We need to constantly pound them from now until eternity. they are not in charge, we are, and we need to show them that from here on out. Our consent gives them their authority.

    Pass your laws we will not consent, we will not obey. As soon as we realize they are ALL Killers, Thieves, and Liars then the sooner we can take our land back from these shysters.

    The time is now, It is Harvest time and now is the time to reap our bounty.

  47. Well, if this article is true…

    http://constitutionally.blogspot.com/2008/04/continuity-of-government.html

    then what the constitution says is not relevant.

    wait for the false flag to blind side us right before they rush this junk through…

  48. HR 3808 (the banks’ get out of jail free card) is back

  49. Congress is prohibited from passing ex post facto laws by Article I Section 9 clause 3 of the U.S. Constitution

    An ex post facto law or retroactive law, is a law that retroactively changes the legal consequences of actions committed that existed prior to the enactment of the law.

  50. @ M. Soliman,

    I never said, “I did not believe you.” I simply said, “I never understand you.” Your explanations are not clear to most of us.

    I will not feel like a jack ass because I am not the jack ass that created this. I did not do anything to deserve this. I WILL NOT OWN THIS!

  51. Would you all make suggestions as to what we should do to effectively stop this.

    Give us some ideas please

  52. The legislation is already being drafted under the interstate commerce clause to ratify MERS and everything it did retroactively.
    ———————————————————————
    Tell me you do not feel like a complete jack Ass. To think I told you all about MERS. Preemption, Don’t attack MERS embrace them, FDIC, Loss Risk Share, Subrogation……You created Blogs about me, attack me on the Jack Ass report, question the 20 plus cases I won. When I go to court with counsel to testify both west and east coast I always hear the opposing counsel say…NO YOU AGAIN!
    How many attorneys embraced and then dumped my testimony to attack MERS. Fla geniuses and So Cal geniuses
    All the bad print negative press and so on….please don’t look foolish as your reading this. Folks, 24 months ago through recent i shared all this with you ….and you squandered …really squandered the chance. Foolish.

    NG ….thanks for the support where I believe you did believe in me….just did not believe me.

    So anyway….why were you not shocked at these months ago…..anyone…comments….please….?

    M.Soliman
    expert.witness@live.com

  53. Don’t you folks get it?

    THIS EX-POST FACTO law WILL PASS…

    1. because the Rule of Law has been supplanted by the rule of men. What Constitution?

    2. because with Federal Registry of chain of title for nay property with mortgage under MERS, that means that the feds can “lose” the title document and chain of title, conveniently, superceding country records and jurisdiction, and they want that chain of title broken for a reason.

    3.The United States owes China and others how much? Considering the US is broke and has to repay with something, some assets, now they have a convenient way to transfer ALL mortgaged titles to new title holders, such as China, and repay the debts that way.

    4. Research the UNs “Agenda 21″ and that little codicile wherein known as “Land for Debt Swaps.”

    THAT is why the Federal Govt. NEEDS the titles to your properties! And don’t think they won’t try to grab land that is already paid off (such as senior citizens who dutifully paid off their mortgage every month until they finally paid it off, or ranches held by the same families for generations.)

    In other words, the US govt. (I refuse to write out the word “government”…they are LOST the right to govern us!) is run by criminals and psychopaths. It is up to We the People to do something about it!

    I just hope we don’t have to resort to violence, but violence is the only thing criminals and psychopaths understand, unfortunately.

  54. Thank you leapfrog. I am gonna contact Rep. Brad Sherman latest Monday

    NEVER AGAIN.

  55. [...] Original Warning: Neil Garfield @ The Garfield Continuum [...]

  56. [...] Click here. Government is about to legalize MERS and retroactively legitimize all those robo signing documents. This is a clear violation of states’ right and county property laws. [...]

  57. @imbecilejudge – more like a fascist country – not socialist/communist. Latest news:

    http://www.zerohedge.com/article/its-not-great-recssion-its-great-bank-robbery

  58. I am a homeowner, not behind on my payments, I am not in foreclosure but I come here to find out what is exactly going on being that I have an IndyMac Mortgage, meers, and my min number points me to Deutsche. What i read is unbelievable in regards to all that has taken place. I wonder what my mortgage is like, if i should fall behind and trying to keep myself educated to what is going on. I wonder at times if i should even be paying. I am one of those that are afraid to take the next step and possibly loose my home, seeing so many have already. What i do not understand, is why they are getting away, this is a crime and if a crime has been done to you, then it is possible it has been done to me. Everyone in america, with these type of mortgages should all receive a letter to stop the foreclosure given a very low rate, along with the customers who continue to pay. Start new. for all, this way all may win, customers win their homes back at an affordable price, existing paying customers also get to lower their rates and start living not paycheck to paycheck, and the banks and mortgage companies, maybe stay in business without being put up for fraud. So Banks, government, come up with a plan, because the American people who are in foreclosure, the american people who continue to pay, and the american people who are awaiting answers need them today.. Make a decision to bring America, back to America.. I surely would like to have someone take a look at the mortgage i have, it is probably bogus along with everyones elses..

  59. Maybe someone should file for an injunction against congress. Seems plausibly logical.

  60. One thing people NEED to recognize and realize is all this isn’t about greed, this is a mass power play.

  61. Unconstitutional Ex Post Facto. Strictly forbidden

  62. Too many people are seeing this as a criminal conspiracy to drive people out of their homes by foreclosure. THAT IS NOT THE ISSUE. The issue is that vast amounts of these “Mortgage Backed Securities”, or “Collateralized Debt Obligations”, which are held as investment instruments by trust finds, municipalities, pension funds, and yes, widows and orphans, are rendered worthless if these bad loans are NOT foreclosed. The whole point of having collateral backing a loan is that the lender can seize the collateral and sell it to recover at least SOME of the money that was loaned out. Take that option away, and it won’t be just the big bad banks that suffer. It will be Mom and Pop, and Grandma and Grandpa. Perhaps even YOU. Obama violated black-letter law to screw the GM bondholders, and now it’s gonna happen again.

  63. This so-called ‘government’ has bought all the phony separated MBS, with $24.5 Trillion in counterfeited Federal Reserve Notes, created out of thin air.

    Now they are trying to enforce those phony unenforceable MBSs against each and every one of us, until we say NO!

    Don’t let the lame-duck congress ,or the new one, get away with anything during these holidays. The bankers/congress are waiting for the holiday distractions, for a ‘special session’ the day before or after Thanksgiving/Christmas to pass this type of bill.

    That is how they passed the Federal Reserve Act in 1913.

    Expose the government for the hypocrites they are. They are making homelessness, for the Federal Reserve/IMF payment needs.

    They want 30 years of uninterrupted inflation-adjusting-up payments coming to, for their retirements and financial social manipulation of society.

    I’m getting on the rails, like the German story below. Plan on working a bit these holidays.

    Expose and indict them all. We have the power to do so. No time like now.

  64. For an idea of the depths of deception and fraud that needs to be cleansed see:

    http://www.rollingstone.com/politics/news/17390/232611?RS_show_page=0

    Or take a look at a couple of the ongoing cases in Fed BK Courts (In Re Hill [this was the case that led immediately to the downfall of Countrywide], In Re Wilson) in which Plaintiff banks seem to have their, er, um, toe caught in the big ringer for forging and fabricating evidence used in judicial foreclosures. Now, why would they have they need to forge or fabricate anything?

    http://www.scribd.com/wjr__10

    This certainly begs the question/s: Why didn’t Mukasey, and why isn’t Holder, doing anything about this? With cases like these being litigated at the Federal level surely the US Department of Justice is aware of them.

  65. @Jason:

    Your analysis of the constitutional issues surrounding this seem reasonable to me. Thanks for offering some calm rationale amongst some otherwise highly charged responses.

    “We the People” can’t take anything for granted at this point. We should strive to have a multi-pronged attack that leaves no stone unturned. Do what you can individually and collectively. Predictions about 2012 being lights out are becoming more realistic every hour.

    I have contacted my congressman’s office and requested to meet with him for whatever that is worth. I continue to share insight from this site and elsewhere with all who will listen.

    In addition to those actions I also employ the force multiplier of all force multipliers: PRAYER!! I encourage all who don’t have an aversion to PRAYER to join me.

    GOD is still in control!!

  66. They can’t do this without severe repercussions. Absolutely no way can you toss out states rights and hundreds of year old law, at least not without revolution. Or how’s about us doing another civil war, D.C. and Wall street against the rest of us. I like the sound of that. My new bumper sticker….Waterboard a Banker!

    Karl Dennenger is weighing on Neil’s post:

    That would be an ex-post-facto law, and is explicitly barred by The Constitution.

    Such a bill, were it to be promulgated, would be an act of intentional subversion of The Constitution and a violation of the oath of office of every Congressperson who votes or argues for it.

    If such a law is in fact introduced it would turn the rule of law on its ear and make clear that we now live in a nation where literal theft will be made legal retroactively by the Congress and President in an explicit form and with the impact of literally stealing millions of privately-held homes.

  67. That post made me SICK TO MY STOMACH. If the government erases all that fraud. I just can;t believe Congress or the Senate would let that pass, they would be hung for that.

    LETS go VIRAL to fight this; petition, letters to AG, and Congress, Senate etc….

  68. Huffpo’s been reporting that for days now…here’s a quote:

    A Sunlight Foundation analysis noted last year that Bean had pushed “to remove a provision from the Consumer Financial Protection Act that would allow states to craft stronger consumer protections. The move is backed by national banks and trade groups like the Chamber of Commerce. Bean has received over 40% of her 2009 campaign contributions from the finance, insurance and real estate sector.” Indeed, in 2008, Bean received more money from the Chamber of Commerce than any other House incumbent.

    John Boehner was quoted as saying, “Reform? I thought they said Deform!” Sarc

  69. That just can not be true, that post left me feeling sick to my stomach.they can’t possible do that, it is one thing to ignore it, but to pass a law to forgive the fraud, I please hope that is wrong!

  70. I apologize in advance for the following post being so lengthy and WAY “off point”. But it shows another nation where “We The People” had the cojones to confront 17,000 Well Armed Police this past Sunday.

    “We The People” surrounded the police and cut them off from reinforcements, food and water. THEY CAVED. It was in Germany protesting the unsafe storage of nuclear waste. The U.S. MSM, I guess treated it as “ho hum” news.

    As we plead for help we are betrayed by our institutions and marginalized by many in the MSM. And now we HEAR our government is going to try to ram rod us ONCE AGAIN.

    Sadly if adults don’t prevail and SOON this kind of protest may
    happen here. (and get suppressed)
    ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~

    WORLD NEWS
    GERMAN PEOPLE IN UNPRECEDENTED REBELLION AGAINST GOVERNMENT: 1000 INJURED IN PROTESTS IN NUCLEAR PROTESTS: POLICE AT BREAKING POINT ( 6)

    By Jane Burgermeister
    CABF
    Wednesday, Nov 10, 2010

    Axis of Logic correspondent and guest writer, John Spritzler (Boston, MA) sent this report by Jane Burgermeister to us with his introductory comments:

    THE GERMAN PEOPLE STOPPED A TRAIN–GUARDED BY 17,000 POLICE TROOPS!– from delivering nuclear reactor radioactive waste that would have endangered people. This report of events in Germany emphasizes the non-violent aspect of the rebellion, but some of the protestors, contrary to the philosophy of nonviolence, applied force: “A water cannon truck [that would have been used by the police to remove protestors] was blocked by tractors.” Despite it being contrary to the philosophy of nonviolence, it seems like an excellent thing for the protestors to have done. -John

    German people in unprecedented rebellion against government: 1000 injured in protests in nuclear protests: police at breaking point

    Like the Roman legions vanquished in the Teutoburger Wald in Lower Saxony in 9 AD, the 17,000 police officers that marched into the woods around the nuclear storage facility in Gorleben in northern Germany on Sunday morning looked invincible. Police personnel from France, Croatia and Poland had joined in the biggest security operation ever mounted against protestors against the a train carrying nuclear waste to an depot in an isolated part of Lower Saxony’s countryside. Helicopters, water canons and police vehicles, including an armoured surveillance truck, accompanied an endless column of anti-riot police mounted on horses and also marching down the railway tracks into the dense woods. Tens of thousands of anti riot police clattered along the tracks, their helmets and visors gleaming in the morning sun, and wearing body armour, leg guards and carrying batons.

    But by Sunday night, those same police officers were begging the protestors for a respite.

    Trapped in black, icy woods without supplies or reinforcements able to reach them because of blockades by a mobile fleet of farmer’s tractors, the exhausted and hungry police officers requested negotiations with the protestors. A water cannon truck was blocked by tractors, and yet the police still had to clear 5000 people lying on the railway track at Harlingen in pitch darkness. The largest ever police operation had descended into chaos and confusion in the autumn woods of Lower Saxony, defeated by the courage and determination of peaceful protestors who marched for miles through woods to find places to lie down on the tracks and to scoop out gravel to delay the progress of the “the train from hell.”

    The police union head Reiner Wendt gave vent to the general frustration when he issued a press statement via the dpa news agency last night saying the police had reached exhaustion point and needed a break. Behind the scenes, a battle seemed to be raging between the police chiefs tucked up in their warm headquarters and urging more action and the exhausted officers on the ground.

    The police on the ground won out. The Castor train – called a „Chernobyl on wheels“ because it has been carrying 133 tonnes of highly radioactive waste to an unsafe depot – was stopped in the middle of the countryside and Nato barbed wire was placed around it. Lit by floodlights and guarded by a handful of police, the most dangerous train on the planet was forced to a halt after a 63 hour journey across France and Germany.

    The defeat of the legions at Teutoburg marked the end of the attempt by the Roman empire to conquer Germania magna. And the failure of the biggest ever police operation two thousand years later in the woods of Lower Saxony to tame women, elderly people and school children protesting the government’s nuclear policy, could well also go down as a turning point.

    The Berlin government can no longer rely on the discredited mainstream media to control the way people see issues. Too many people recognise it to be a tool of propaganda. The government now needs to resort brute force to bludgon through decisions that enrich corporations and banks and impoverish everyone else. But the police forces at its disposal are simply not sufficient given the scale of the protests now gripping Germany. Only 1,500 police reinforcements could be mustered on Morning from the entire territory to deal with road blockades by thousands of protestors aiming to delay the transport of the nuclear waste on the final leg of its journey.

    The police officers were exhausted after shifts of 24 hours or more, often without any food or just a cappucino and snack bar, and they had nothing to look forward to but more of the same drudgery after a night spent four to a room in a Youth Hostel.

    A leading figure in a German police police union Bernard Witthaut today even lashed out at the government for trying to drive through unpopular policies using the police.

    „Whether in Stuttgart or in Wendland today my colleagues are simply not getting out of their anti riot gear because of the wrong decisions by the government,” he said.

    Many police officers also expressed sympathy with the protestors’ aims.

    The question now is: how long can the use of police to bludgeon protestors continue when the protests are reaching this scale? How long can Germany be governed by a semi authoritarian regime using brute force when the force at its disposal is so small? The German army cannot be deployed on this kind of mission without sparking even more outrage. A false flag terrorist operation will hardly wash when the people are so fed up with the government lies and the media lies. EU soldiers will find it hard to deal with the Germans. The German and EU secret police cannot infiltrate all of protestor’s organizations when there are simply so many.

    The German people as a whole are on the march.

    „Citizens in rebellion,“ shouted a TAZ headline.

    „Civil war in Wendtand,“ fumed Bild.

    NGO chief Kersin Rudek spoke for many when she said:

    „We have lost faith in the government until they prove that their politics is for the people and not for the corporations.“

    She talked aboug the ”anger” among people at the „arroagance of the political class.“

    As in the Stuttgart 21 railway protests, it was people from all walks of life, a genuine grass roots movement, that arrived in Wendland to protest the decision by the CDU/CSU/FDP government to ignore a legally binding deadline to phase out nuclear power. Against the wishes of the majority, Bilderberg Chancellor Angela Merkel announced this autumn that 17 reactors would continzue for another 12 years at gigantic cost to the tax payer in subsisides.

    The tax payers of Lower Saxony even have to foot the bill of 50 million euro for the police operation to protect the nuclear waste – and not the electricity companies making a fortune from the extravagant energy source while the government keeps investments in ground-breaking new renewable energy technologies such as the third generation solar cells at a neglible amount.

    As in Stutggart, the police used savage force against peaceful demonstrators reinforcing the impression of a government out of control and refusing to respect the basic demoractic right of people to hold protests without being beaten to a pulp. Videos of the Castor transport on Sunday show police beating people with their trudgeons, punching them and throwing them to the ground. Police also used tear gas, pepper spray and water canon.

    One clip shows a police officer using his fist to punch a man lying on the railway track in the head.

    Polizeigewalt bei Anti-Castor Demo from Martin Michel on Vimeo.
    >> http://vimeo.com/16596702 <<

    About a 1000 people were injured, it is reported. 950 people are reported to have suffered eye injuries due to pepper spray and tear gas, according to a spokesperson of “Castor schottern”. Another sixtreen protestors suffered broken bones. There were 29 severe head wounds. Two people had to be taken to hospital.

    One person had to be taken by helicopter after suffering multiple bone fractures after being trampled by a police horse.

    But as in Stuttgart, the people did not give up in spite of the risk of savage beatings at the hands of the police. They insisted on their civic right enshrined in the constitution to hold peaceful political protests.

    More than 50,000 people from all parts of the country and all walks of life attended a rally on a field close to Dannenberg. Thousands then marched through the autumn woods, splitting into small groups to descend into the valley, break through police lines to chain themselves to the rails or remove gravel from the tracks to delay the train.

    According to Spiegel, 7000 people alone took part in the road and railway blockades.

    An armoured police car was set on fire by masked men but it is not clear if this was an agent pravocateur acting to discredit the protestors. A video show a man able to walk up to the armoured car and set it alight unhindered.

    The overwhelming number of protestors were peaceful.

    In spite of the sub zero temperatures and ground frost, up to 5000 protestors lay down on the railway tracks at Harlingen late in the evening and refused to move. Supplies of hot tea, food and blankets were brought to them by mobile kitchens. Fires were lit to help stay warm.

    The police worked from midnight until 7 am to clear protestors blocking the track, dragging many to an open air „prison concentration camp“ where people were forced to sleep in fields surrounded by police trucks.

    This morning, the protestors have regrouped today and thousands are reported to be preparing to block the transport by road of the nculear waste from Dannenberg to Gorleben.

    The organisers of the protest kept journalists and the public informed using live tickers, press releases and at Infopoints so that the whole country could follow the events outside the mainstream media. Radio Wendland is also broadcasting updates on the incredibly heroic resistance of so many people. At great personal risk, tens of thousands of people gave an example of courageous and peaceful non-violent resistance that will surely go down in history.

    If this is the resistance for Castor and Stuttgart 21, just imagine what will happen when Germans finally grasp the scale of the banking scam being carried out by their „elite.“

    The CDU/CSU/FDP government has already hit record lows in the polls and after Sunday’s savage police operation against peaceful protestors, support for them is sure to plummet further.

    The feudal lords without a feudal army to push through their agenda of robbery are facing the end of the road now that their media propaganda apparatus based on the Springer and Bertelsmann empire is falling apart and their strategy of divide and rule thorugh a false left/right political paradigm is no longer working.

    A new freedom and power was born in the woods of Wendland. And it belonged to the people who have had enough of the arrogant authoritarian political class.

  71. Even if they did pass this horrible bill, it might not rescue their plight. This is why.

    These deeds of trust and notes and are unsigned. This means that they are not recordable documents. No title can pass except with a recordable document. These are uniform state laws and they will not be affected by a law that sanctions MERS.

    The statute of frauds violation remains in place. This will be unaffected.

    The fact that many of these companies are out of business remains a reality.

    How can MERS be in the nominee of a principle, after the principle ceases to be the principle? How can MERS represent all of its successors and assigns when there are no successors and assigns, since title is still parked with the original lender.

    How can MERS remain the beneficiary, when confronted with all of those statements to the contrary in SEC documents. How can they make any claim to holding legal title, when SEC documents place equitable title with investors, and most states have rules that the legal title follows the equitable title. They are inseparable.

    This act of Congress would not overrule all of these state statutes which have been in place for over a hundred years, in some cases for two hundred years, and all of the caselaw that is resting on these statutes.

    But we still do need to try to defeat this bill. And all of our energy needs to be applied to this task, because there is enough carnage on the ground, we do not need this piece of idiocy to deal with as well. But it simply will not be the end of the world. These people are so dirty, it is impossible to white wash them completely. http://www.challengingforeclosure.com Sirak@challengingforeclosure.com

  72. [...] MERS TO BE LEGITIMIZED BY ACT OF CONGRESS « Livinglies’s Weblog After years of negative judicial decisions about the use of a straw-man on mortgages, MERS was about to lose its existence as well as its credibility. But now all of that is set to change as Wall Street money is pouring into the coffers of those who are receptive (i.e., almost everyone in Congress). The legislation is already being drafted under the interstate commerce clause to ratify MERS and everything it did retroactively. It appears that the Obama administration is ready to pardon all the securitization deviants by signing this bill into law. This information is corroborated by several people who are in sensitive positions — persons who would be the first to know such proposals. Fortunately, there are some people in Washington who have a conscience and do not want to see this happen. [...]

  73. @Neil,

    Why don’t we “crowdsource” the task of looking out for the bill to legitimize MERS after the fact?

    What resources can we use to find the bill before it becomes law? What key words should we look for to find it? etc.

  74. Read another one of Matt Taibbi’s eye-opening, mind-blowing articles at Rolling Stone called “The Real Reason America’s Cities and Towns Are Broke”. And realize that at any and all cost, we MUST annihilate these banks and bankers once and for all. They’re a much larger threat to our nation and to our way of life than any foreign terrorist could possibly be.

    They must be put down just exactly as one would put down a rabid animal, because they owe their existence only to extort, nothing else. They serve no useful purpose whatsoever. They’re criminals of the lowest order. And the sooner we take them down the better off all of society will be.

    From the article:

    The destruction of Jefferson County reveals the basic battle plan of these modern barbarians, the way that banks like JP Morgan and Goldman Sachs have systematically set out to pillage towns and cities from Pittsburgh to Athens. These guys aren’t number-crunching whizzes making smart investments; what they do is find suckers in some municipal-finance department, corner them in complex lose-lose deals and flay them alive. In a complete subversion of free-market principles, they take no risk, score deals based on political influence rather than competition, keep consumers in the dark — and walk away with big money. “It’s not high finance,” says Taylor, the former bond regulator. “It’s low finance.” And even if the regulators manage to catch up with them billions of dollars later, the banks just pay a small fine and move on to the next scam. This isn’t capitalism. It’s nomadic thievery.

    Death to Wall street. Now not later.

  75. Ok, I’ve taken a deep breath and I’m calm now. Why are we worried if the same idiots who came up with MERS are now coming up with a paper-over? How can they possibly patch up the fraud. Can they somehow take care of BK fraud upon the court when they transferred assets of a Ch 11 originator without the trustee’s permission? Can they back-date the trusts retroactively? What about the IRS/REMIC fraud when none of these things made it into the pools? IRS is a-ok with no fines/penalties?

  76. @Peter,
    I have been protesting at the auctions. I also have started protesting in front of visible bank branches. Just start doing it yourself. Someone else may decide to join you, but first you have to be willing to do it yourself.

    If anyone in Seattle is willing to join me,
    pooleykaren at yahoo dot com. Also call me @ 206-396-4486. I am always out there and will get in anyone’s face…..I don’t care anymore.

    I have just submitted this blog entry to Senator Cantwell’s office. I will be submitting it to Rep McDermott and also Senator Murray’s office. Ask to get a staff member’s email. We need to start requesting meetings AROUND THE COUNTRY. Get off your couches, people! We won’t win until they know we are serious about the pitchforks.

  77. This is HORRIBLE news, but we CAN fight back. We did it when they tried to pass the onerous HR 3808. They know that we know they are up to something, so they will be that much sneakier; but as a collective group they don’t have the strength of OUR NUMBERS. I’m in, as I know everyone else here is. But we can’t preach to the choir – let’s get our message to the masses. Death to MERS by 1000 papercuts and death to careers of congress jackasses who vote for this treasonous bill.

  78. There are many that get thus now a paradim shift is coming and words hold power
    we must first believe we will triumph we must believe

  79. The FBI defines terrorism as:

    The unlawful use of force or violence against persons or property to intimidate or coerce a Government, the civilian population, or any segment thereof, in furtherance of political or social objectives.

  80. [...] ALERT: Casus Belli – Ex-Post-Facto Law! November 11, 2010 Tom Huff Leave a comment Go to comments Now from The Garfield Continuum comes the following warning: [...]

  81. eNough of eSignatures and eRistry!

    It is only helping commission of ‘eFraud’!

    Wow, as long as a state or county has been convinced to ‘rubber-stamp’ eSignatures, the companies can just ‘push a button’ to have the documents all generated for the court. The only guaranteed human intervention is the driver of the vehicle delivering the mass of documents.

  82. Well we read all these blogs, look at great interest and hope for just a ray of sunshine. WRONG! Nothing works. Inspite of all the cases against lenders, servicers and MERS, homeowners are being put out on the streets. Courts are helping the wolves Despite the mounds of evidence presented to the courts, they are ruling in favor of the banks, servicers etc. Money buys justice. They should just line up homeowners in front of a firing squad and get over their misery. Or better still get some nazi camps and incinerate us.

  83. Trying to remember my civics. The House is adjourned until the end of the year but can pass a bill during that time? How does this work?

    http://www.dsca.osd.mil/programs/LPA/2010/2010%20Congressional%20Recess%20Schedule%20(111th%202nd).pdf

    Its hard to comprehend that such a bill, if signed by Robobama, would wipe out the nullity laws on notes separated from DOT.

    Can’t trust ROBOMAMA. Wall Street put a lot of money into his campaign. And as we know, many foreclosures are “good for the system”.

  84. Did anyone really think they were going to let this bring them down and show how corrupt they all are ?

    “The pen is mighty than the sword”

    Still I will email , protest , call to the bitter end.

  85. Congressional supporters of this bill are committing acts of *treason*. They are supporting an illegal, unconstitutional ex-post-facto law which betrays the constitution, the nation and our democracy — in an effort to help a small international cabal.

    The penalty for treason is death.

    In short: IN NO SMALL WAY, this puts revolution on the table.

  86. David ,
    You are right . We need specifics so we can start the assault on elected officials. down with the devil.. er. MERS.

  87. Here is the full Rolling stones article came out this morning
    Matt Taibbi: Courts Helping Banks Screw Over Homeowners

    http://www.rollingstone.com/politics/news/17390/232611?RS_show_page=0

  88. Ohio GMAC Foreclosure Case May Set Anti-Wall Street Precedent\
    ——————————————————————–
    By Michael Riley – Nov 8, 2010 3:06 PM ET Tweet (29)LinkedIn Share

    http://www.bloomberg.com/news/2010-11-08/ohio-gmac-foreclosure-case-may-set-a-precedent-for-punishing-wall-street.html

    When James Renfro had to stop making payments on his two-story fixer-upper in Parma, Ohio, a suburb of Cleveland, he triggered events that were supposed to result in the forced sale of his home.

    That Nov. 15 auction has been canceled because of defects in documents submitted by his loan servicer, Ally Financial Inc.’s GMAC Mortgage unit. Two affidavits about Renfro’s home were signed by Jeffrey Stephan, a GMAC employee who said in sworn depositions in Florida and Maine that he hadn’t read thousands of affidavits he’d signed.

    Renfro’s case has created a showdown between GMAC and Ohio’s Attorney General Richard Cordray. Cordray has asked Cuyahoga County Court of Common Pleas Judge Nancy Russo not to let GMAC simply submit new documents to cure defects without consequences. He’s taken the same stand against Wells Fargo & Co., which has said it found defects in 55,000 foreclosures.

    “This is just the first,” said Cordray, who filed an amicus, or friend-of-the-court, brief in the Renfro case. He argued that Russo should punish GMAC, the fourth-largest U.S. mortgage lender, for its conduct.

    The judge today in Cleveland set an accelerated schedule for evidence-gathering in the case, leading up to a Feb. 17 hearing on the integrity of the loan documents. Cordray’s office plans to file a motion tomorrow asking to take part in the case and participate in so-called discovery.

    Allegations of Fraud

    The precedent set by the case might hasten a settlement between home lenders and the attorneys general of the 50 U.S. states, who are investigating allegations of fraud in foreclosure filings. Those being probed include San-Francisco- based Wells Fargo, which has said it will re-file foreclosure affidavits involving statements that “did not strictly adhere to the required procedures.”

    In potentially thousands of cases across the U.S., judges have the power to impose “sanctions, penalties, fines and even default,” as the banks try to submit substitute paperwork to proceed with flawed foreclosures, Cordray said.

    “The banks want to wish this away and pretend like it doesn’t exist,” he said.

    In September, Detroit-based Ally briefly suspended foreclosures in 23 states where there is judicial review and later announced an independent survey of foreclosure proceedings that would extend nationwide. After a review, the company began reinstating proceedings in cases it said didn’t involve errors.

    ‘Facts of Default’

    “The underlying facts of default in this case are not in dispute,” Jim Olecki, a spokesman for Ally, said of the foreclosure of Renfro’s home. “We only pursued foreclosure after all other home preservation options had been exhausted.”

    Ally disputes assertions Cordray made in his amicus brief in the Renfro case.

    “To date, we have found no evidence of any inappropriate foreclosures,” Olecki said.

    Tom Goyda, a spokesman for Wells Fargo, said the lender would go ahead with plans to re-submit thousands of affidavits in cases nationwide, including Ohio. When judges seek information on documents already filed, “we will work with them to meet their concerns,” Goyda said.

    The 50-state investigation is focused on uncovering the scope of tainted foreclosures, including how many so-called robo-signers processed documents they didn’t review, Cordray said. So far, investigators have identified “double figures of robo-signers” working on behalf of lenders such as JPMorgan Chase & Co. and Bank of America Corp., he said.

    Suspended Foreclosures

    Such banks are conducting their own reviews to spot errors and determine how many cases with defects are involved. GMAC’s Stephan testified to signing as many as 10,000 documents a month. New York-based JPMorgan initially suspended foreclosures in 23 states affecting 56,000 cases to review potentially faulty documents.

    Among the least appealing scenarios for the lenders is that affected cases will have to be examined, like the Renfro case, in individual courtrooms across the country, with the possibility of thousands of judges questioning robo-signers and other loan processing officials.

    Renfro’s lawyer, Harold Williams, said he will ask to depose GMAC’s Stephan, among others. GMAC said in a filing withdrawing the sale of Renfro’s four-bedroom home from auction that “verification irregularities may have occurred.”

    Judge Russo said in an interview that until hearing the evidence, she has no way of telling whether the documents represent an error, negligence, or fraud, and that other judges will have to make the same time-consuming inquiries.

    ‘10,000 Hearings’

    “If Ohio has 10,000 of these cases, there should be 10,000 hearings,” Russo said. “I’m sympathetic to the fact that it’s onerous for the lenders, but I still have to do my job.”

    The judge said she will hear arguments related to the integrity of the documents, how GMAC identified specific cases in which documents may be flawed, and what remediation steps the loan servicer and lender are taking. If she determines the circumstances rise to the level of fraud, GMAC could be found in contempt of court, Russo said.

    “You’ll probably have different resolutions in different cases from different judges,” she said. “This is not going to be solved in a couple of months. The long-term effects are phenomenal.”

    Russo’s court on the 18th floor of Cleveland’s sprawling Justice Center has been inundated with foreclosures as the city’s declining economy was exacerbated by the subprime mortgage crisis. A projected 12,553 foreclosures will be filed in surrounding Cuyahoga County in 2010, the most of any county in Ohio.

    Renfro’s House

    One of those cases already filed involved Renfro’s house on Klusner Avenue, which he purchased in 2005 for $114,900. An affidavit in support of a summary judgment motion to authorize foreclosure was done by Stephan, who is identified as a limited signing officer for GMAC Mortgage LLC.

    Renfro had fallen five months behind in his payments by the time GMAC, the loan servicer for U.S. Bancorp, moved for foreclosure early this year, he said. An effort to reach a settlement with the lender failed because of Renfro’s high credit-card and other debt, and his $22,000-a-year salary as an auto mechanic, according to Williams, the Renfro lawyer who is with the Legal Aid Society of Cleveland.

    “Once you get so far down, it’s such a struggle to get back up,” said Renfro, 36, who lives in the house with his girlfriend, stepson and 7-year-old daughter, who is deaf.

    The nearby school is one of only two in the metro area that can provide Renfro’s daughter with a sign-language translator during the school day, he said.

    Deaf Daughter

    “It’s quiet,” said Renfro, who is following the GMAC- Cordray battle in Russo’s court. “If something finally goes my way, it will be such a relief. There’s a park at the end of the street. I wanted a safe sidewalk so she could ride her bike. Normal, typical things, I guess. I’m just trying to get back on track.”

    Judges in Russo’s jurisdiction last week drafted new guidelines for dealing with robo-signers, following similar efforts in states such as New York. Under the new rules, attorneys for lenders would have to sign an affidavit swearing that they have communicated with a representative of the party seeking foreclosure and have been informed that an official “has personally reviewed the documents and records relating to this case,” according to a draft copy.

    The policy will apply to pending cases, and an affidavit will have to be signed before a judgment is entered, said Stephen M. Bucha, the chief magistrate.

    “The hope is that will preclude any robo-signing in the future, so that we don’t see a repeat of the problem,” Bucha said.

    Future Sales

    Bucha and other Cuyahoga County judges said they fear document foreclosure defects may give former homeowners a claim on the title that will affect future sales. That scenario fuels Judge Russo’s sense of urgency to sort out problems now, she said.

    “If courts around the country do not handle this on an individual case basis and there are later problems with the title, the courts will have participated with the clouding of the title,” Russo said. “The potential for harm is so immense at so many levels.”

    The case is U.S. Bank National Association v. Renfro, 10- 716322, Ohio Court of Common Pleas for Cuyahoga County (Cleveland).

    To contact the reporter on this story: Michael Riley in Cleveland at michaelriley@bloomberg.net

    To contact the editor responsible for this story: David E. Rovella at drovella@bloomberg.net

  89. I think we need to get organized on a state level. Can we start. State Chapters of Livng Lies and organize rallys? Everyone’s right…until we do something, it’s going o continue.

    I’ll be happy to organize a Southern California Chapter. If anyone is interested in joining, contact me at KPPI2U@gmail.com.

    We need to be at these auctions with signs, we need to march, we need to petition, THIS IS HOW WE CREATE CHANGE…just like in any other movement. This is war and a fight for justice.

    If Neil could post contacts for state chapters, that would help.

  90. - What is the TITLE of the Bill?
    – Where is it at? What
    – Is it being introduced under another Title or Bill?

    – What about PHONE NUMBERS?

    WE SHOULD HIT THIS WITH 10-TIMES THE INTENSITY OF THE NOTARY BILL… CALL EVERY FREAKING CONGRESS-PERSON – HOUSE PERSON – 10-TIMES PER DAY – REPEATEDLY UNTIL THEY PUBLICLY ANNOUNCE IT WAS STRICKEN OR WITHDRAWN…

  91. I think we will not see change until we change, homeowners have to grow some or strap some on.

  92. until we get really mad, this will continue, THE MBA, WANTS TO USE MERS MIN# AS AN UNIVERSAL ID NUMBER FOR ALL MORTGAGES, ALLEGING THAT THIS WILL PREVENT DOUBLE SELLING OF THE SAME MORTGAGE.

    I JUST WONDER HOW THEY WILL PREVENT THAT FROM HAPPENING IF AFTER 62,000,000 MORTGAGES IN THAT SCAM OF A SYSTEM WE LOST TRACK OF OUR CHAIN OF TITLE AND OUR OBLIGATIIONS WERE USED AS CASINO CHIOS AND OUR NOTES WERE DESTROYED, OUR OBLIGATIONS WERE OVER LEVERAGED IN CRIMINAL FASHION

  93. People are pissed Look at this link on the Wall Street Journal article. Read the comments. Up until a few weeks ago alot of the comments were still against the “deadbeat borrowers” now it is against the system.

    http://blogs.wsj.com/developments/2010/11/10/zillow-percentage-of-underwater-borrowers-up/

    Neil Garfield Thank you

  94. Nothing will change because no one will do anything to make it change.

  95. Another Big Builder gets a slap on the wrist KB HOMES Executive

    http://www.latimes.com/business/la-fi-karatz-sentence-20101111,0,5675215.story

  96. Here is the link to the Rolling Stones article again
    Courts Helping Banks screw over homeowners

    http://stopforeclosurefraud.com/2010/11/10/matt-taibbi-courts-helping-banks-screw-over-homeowners/

    Did’nt the Congresspeople and Sentors learn their lesson Last Week.

  97. Alexis,

    Yep, they already have the start on getting MERS further ‘required’. Also, Freddie and Fannie already are requiring ‘eRegistry’ via MERS.

  98. until we get really mad, this will continue

  99. You can’t just blame this on a Democratic Congress. This nightmare has been coming down the pike for years. The mega banks created this along with Wall Street and the big corporate powers. We will have to do more than make phone calls to the White House.
    The Chamber of Commerce and the giant corporations have taken over our country, and the people in Congress have committed treason and will continue to commit treason for the power and ability to fleece the middle class of our last cent.
    http://www.challengingforeclosure.com Sirak@challengingforeclosure.com

  100. Article 1 section 9 of the constitution for the united states says,

    “No Bill of Attainder or ex post facto Law shall be passed.”

    This is an ex post facto law and it is repugnant to the constitution. Any law repugnant to the constitution is void and may be treated as if it never had passed.

    This is also a violation of the 10 amendment as well. No INTER – STATE commerce takes place when a mortgage is conceived and executed. It is all
    INTRA – STATE. The banks or lender, all entities involved, have to have a charter to do business with each secretary of state of each state. This is a states right issue and not a Con-gress ICC issue.

    As a side note, there was case won in Alaska where the DOT lost to a trucker who protested the requirement to have a DOT number on his rig. He won because he did not engage in INTER – STATE commerce but rather INTRA – STATE commerce.

    For them to pass this they all would become accessories to fraud after the fact and each and everyone of them involved, even the guy making copies of this stuff on the hill for his Con-gressman is liable if this is passed and are liable at this minute forward for their malice and aforethought in their ongoing sedition of the constitution.

    They want to conceal fraud for security sake. 1 so they have money coming in for campaign donations and 2 for economic security of the country. IF they pass this law they have committed capitol treason and constitutional contempt and is punishable by TITLE 18 USC 2381, TITLE 18 USC 2382, TITLE 18 USC 2383, TITLE 18 USC 2384.

    Yes it is THAT serious!!!!!

  101. Check out Rolling Stone Article by Matt Taibbi

  102. Keep us posted, we will clog the phone lines again and we really need to organize marches at capitol hill. So mers is ok even when the note was never assigned to anyone? or the mortgage? We are heading for the revolution.

  103. Its a goddamn democrat congress this particular lame duck session!!!??? How on earth are these guys going to allow this?

  104. Is anyone else feeling the choking oppression??Didn’t these elected officials take an “Oath of Office” to protect us from “All enemies foreign AND domestic”???? Aren’t we having a “War against terrorizm”??? We are being terrorized in AMERICA by OUR own Goverment. I am trying to fight with my brain in court right now…like we
    should in a civilized society….Then I wake up to news like this and I am fighting to remain civilized!

  105. Well there goes my lawsuit against MERS and the banks involved in my lawsuit against GMAC and Wells Fargo.
    How in the fuck can this happen?
    And Retro-actively? Really?
    What is the name of the Bill?

  106. If this ever is enacted it would surely be challenged by AG’s and the TRUE CREDITORS attorneys demanding “put backs”.Couldn’t a STAY be implemented by the challenge?

  107. We are living in a criminal society. I’m beginning to understand Glenn Beck. This country is turning into a socialist/communist country.

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