How to Attack MERS and WIN!

 

NOW AVAILABLE OF AMAZON/KINDLE!

EDITOR’S NOTE:MY WIFE WILL KILL ME IF SHE FINDS OUT I’VE BEEN WORKING. SHHHHHHHHH.

This news is irresistible. MERS is all but dead with this single decision (see below). Here are the salient points:

 

  1. MERS is not a beneficiary even if the mortgage deed or deed of trust states otherwise.
  2. MERS lacks standing in bankruptcy to seek relief from stay.
  3. MERS lacks ANY financial interest in
    1. the obligation
    2. the note
    3. the mortgage
    4. any assignment, allonge (often misidentified as an assignment, indorsement etc.
  4. MERS cannot acquire rights to foreclose unless it acquires a REAL financial interest
    1. In a non-judicial state
    2. In a judicial state
  5. MERS’ Appearance on ANY instrument in the securitization chain clouds the homeowner’s title by extension of the reasoning set forth in the case decision reported below.
    1. MERS’ appearance on the deed of trust renders the mortgage deed or deed of trust invalid
    2. MERS’ appearance on the deed of trust renders the mortgage deed or deed of trust VOID
      1. This means there is no security instrument even if the obligation is still outstanding
      2. This means there is no security instrument even if the note is still outstanding
      3. This means the obligation arising from the funding of the “loan” or”security” to or for the benefit of the homeowner is UNSECURED.
      4. This means that there is no legal procedure to take property — real or personal, tangible or intangible — by virtue of using non-judicial procedure or judicial procedure — unless the creditor (i.e. — the one who advanced actual cash for the funding of the obligation) gets a money judgment against the homeowner — a process which by definition requires the creditor to use exclusively judicial procedures in which they must
        1. A Lawsuit properly served
        2. Allegations that if taken as true would entitle the creditor to a money judgment (e.g. “I gave money for the benefit of this homeowner and I never got the money back from anyone”). By the way this debt, even if they get ajudgment, is dischargeable in bankruptcy.
        3. Attachments to the lawsuit of ALL documents that conform to the allegations
        4. Your Defenses, affirmative Defenses and Counterclaims
        5. Discovery on both sides:
          1. Interrogatories — how they know, what they know, who they know, where did the person signing the interrogatories get their information — when were they hired, by whom, when did they work for MERS, how many paychecks did they get from MERS etc., what documents do they rely upon, what do THEY call those documents, where are those documents, who has them, what is the title of that person, by whom are they employed, what’s their telephone number address etc.
          2. Investigation: on any (AND ALL) signature follow the lead of one of our lead homeowners — find a mortgage or other document filed in the county recorders office and see if the signature matched the one in which they signed, notarized, or witnessed.
          3. Who prepared their website. Where is the source code? Who has the current source code, the prior source codes and any source codes or emails with meta data that will enable you to determine what parties were involved in the preparation of the website, where MERS, for example, advertises that you can use their name but they will never make a claim against the property or for the money.
          4. Request to produce using their answers to interrogatories
          5. Subpoena Third Parties for records with option to give you copies
          6. Request for admissions: VERY POWERFUL weapon when used properly
          7. Notice of deposition
          8. Request for access to their network servers and workstations for forensic examination
          9. Notice of deposition from the people identified in their answers to interrogatories
          10. Motions to compel
          11. Motions for Contempt
          12. Motions to Strike MERS pleadings
          13. Motions to Strike the pretender lender’s pleadings
          14. Motion to enter default after judge orders pleadings struck
          15. Motion to enter default final judgment
          16. Motion for Summary Judgment on your counterclaims including quiet title, money damages for violations of TILA, RESPA, SEC, etc.
          17. Recording final judgment in recorder’s office

24 Responses

  1. Hello there,

    I have a MERS mortgage. What can i do to get rid of it?

  2. i forgot , i have also a pending case in Oakland Ca in the federal district court against Litton , Quality & Mers. Litton filed a motion to dismiss, i have not filed my opposition yet, but i have to assure you that Mari Noriega will be part of my pleading in my opposition. My case # cv 10-00951 SBA. we have the hearing on June 15, 2010 and June 16, 2010. hope everyone’s name mentioned in my lawsuit will be recognize by others who are facing the same predicament we were in now.

  3. when BA assigned the debt to Litton, they assigned the debts for collection . Marti Noriega is also signing some of the assignment of deed o trust as mers, inc Vp but actually he/she is a Litton employee.. you could look up my case i filed in northern district of Ca -san francisco division case # 10-1042-JSW, i filed my complaint on March this year and Aurora filed to dismiss my case. i filed my opposition to aurora’s motion to dismiss last april 22, 2010. maybe you could read that and gives you some info how to proceeds with your case. we have hearings coming on May 14, 2010 . I detailed all my allegations of Fraud through their bogus documentations submitted to the court and I decipher all the people involved in connection to their False affidavits, false& forged substitution of trustee, bogus assignment of deed and others. keep in touch if you are in ca.

  4. Ok, my case:
    Trustee on Deed is ReconTrust ==> Bank Of America
    Lender on Note and on Deed == America’s Wholesale Lender, a Fictitious Trade Name of CountryWIde’s BUT that was noted to cause a significant problem on any substitution if what I read here is true.
    MERS is named as nominal beneficiary.

    I don’t know the further details of whether they did the assignment to ‘blank’ or not. The initial attorney did not even request the documents, let alone have any forensic audit done. The replacement attorney is ordering one and will be requesting the necessary documents.

    If these idiots at BofA had never started pulling their shyster tricks with offering me an ‘Attorney General Modification’ and then reneging, I would NEVER have been the wiser to all the underlying FRAUD! I would have kept from having them foreclose by moving into an apartment that I own and then renting out my house. I would have been able to keep everything paid.

    Instead, they made the offer (which I now realize that they really have no authority to offer, regardless of the statement to the contrary that is in the AG settlement agreement filed in the court in Los Angeles). I SIGNED that agreement that they offered and I complied with it.

    Then BoFA had the audacity to transfer the servicing to Litton (or SOME entity did), effective the very day the first payment of the modified agreement was to occur. I read that as attempting to use the servicing transfer as the ’cause’ of the mod not occurring, which is a RESPA violation. It looks like potential collusion in that transfer also.

    Litton claims that the investor is ‘CW-ABS’ certificates 2005-10 with Bank of New York-Mellon as the trustee for the certificate-holders.

    Okay, I can see that BofA likely did not want to possibly be found to be taking so many of the ‘roles’ so the transfer of servicing makes sense from that point also.

    (BofA even claims to be the ‘successor beneficiary to CountryWide’ which has not been clarified at all.) Is BofA trying to assert being the successor beneficiary simply by buying up CountryWide? When did CountryWide become the beneficiary? That mod contract may have resulted in the ‘investor’ making the ‘Lender’ buy the note back.

    Now remember that they used that trade name as the ‘Lender’ so, IF the note was sold back, can it be sold back to CountryWide or would it be sold back to ‘AWL’ – the fictitious trade name? Would the ‘investor’ have possibly helped get that fictitious trade name out of the succession chain?

    With Litton as the servicer now, the Trustee still apparently needed to be changed (BofA otherwise would be in roles that are a conflict of interest, right?) So, Litton had an employee of theirs, namely Marti Noriega, sign a document to replace the Trustee. Of course, since Litton is NOT the beneficiary, they had no authority as just the servicing company to sign a ‘Substitution of Trustee’. So Marti claimed to be an Assistant VP of MERS to avoid that ‘problem’. Of course, since she as been thoroughly ‘outed’ on this site and others for those fraudulent signings, that is NOT going to help.

    I wonder when Marti will find herself facing charges? Does the ‘Martha Stewart Act’ fit her?

    Does the replacement Trustee have any requirement for performing due diligence on whether the document that named them as trustee is valid? Can they be sued for damages since the actions they performed (filing foreclosure documents against my property) are not valid?

    I presume that Litton can be sued for having their employee sign the ‘substitution of Trustee’ document. Can Marti also be sued?

    Is there an issue that should be taken up with the notary in Texas who performed the notary service on the FALSE statement that Marti made? That notary has a bond that could also be pursued it there are any grounds. Did Marti present any POA to show reason to sign as a MERS employee? How could any such POA be a valid document? Did someone provide Marti with a MERS employee ID badge? When was she an employee of MERS? She sure has a lot of social media sites where she is a current Litton Assistant VP.

    I think I have all the elements of Neil’s case plus several more issues.

  5. Hi my name is Brant and i am currently in forcloser due to loss of job and needed some advice.Lets start from the begining.I lost my job and started to fall behind on my mortage i called my mortager Aurora Loan service and told them my situation.At the time i was current so they said they could not help me.I then started a new job buy was making less money so i called them to say i make less money now and im going to start falling behind.They said they could not do any thing.So i started looking at loan mod companies.But was leary du to fact that i had been ripped off by mortage brokers in the past .So i held off till this guy called my and sold me on a loan mod that had a as he said a FULL MONEY BACK GUARNTEE ,what do i have to loose.So i paid them 1400 dollars.And it was just as i thought a rippoff they did nothing and took my money.Five months have gone by now and aurora calls me and says i qualify for the obama plan so i sent them all my documents and was denied. Now its been 12 months I lost my job again and have exausted all my funds .Then i got a letter on my door that said my house was going to be sold at auction at the court house december 24 2009 christmas eve.So i called them about the letter and they said it was just to get my attention.More to story

  6. […] This is taken from Neil Garfield’s website, Living Lies. (He’s an attorney, so he can get away with giving legal advice!) His blog has a lot of information, although it’s could be better organized. The post I’m referring to is “How to Attack MERS and Win.” […]

  7. This is amazing!!!!

    THANK YOU!!!!!!!!!!!

    Heather

  8. Pamela – concerning your inquiry on Servicers. You are 100% on target, and this issue has been of on-going concern for over a decade. For some background information, you can go to the FTC site and search for “Fairbanks” and/or “EMC”. You can also “Google” the same, and also “Google” “Curry v. Fairbanks” or “Fairbanks Class Action”. In addition to stripping homeowners of their equity, the Servicers also receive “kickbacks” from various insurers, insurance from various sources (i.e. “NIM”, which is now being securitized (“NIMS”)). The Servicers also use the servicing rights as collateral for their own loans. The Servicers are the “enablers” that has allowed the transfer of wealth, and are the “keepers of the gate” to the identity of the “secret” investors. Servicers also come in handy for fabricating fraudulent assignments. If you want specific information about Servicers, visit the MS Fraud site, which goes back to 2003.

  9. Neil, please get rest so we can fight another day.

    HAPPY About this Nevada Decision- we have 987,000
    mortgages in nevada with MERS as nominee.

    Recontrust lawyer wrote me a letter stating that MERs is the note holder. Wonder if she’d want to bet her License on that!

    Maybe now the NEVADA lawyers will wake up and smell the money!

  10. i need a lawyer in california who know how to fight my case i have mers.

  11. A NEW YORK lawyer come to me a few days ago to find a PSA that he could not find, he gave me the information and withing 1 hour I found the first clues of who the parties are.

    It was BOA posing as Lehman with US Bank NA

  12. This site, as it appears by those seeking help and those providing it is amazing.

    I would like to talk about an aspect of this whole mess and that is individuals that have a high equity to loan obligation, and have fallen on difficult times, mainly through job loss and/or income reduction. It appears that these people are fast becoming the unspoken targets of their dubious “loan servicer”. Posting payments late, returning payments for undisclosed reasons etc.

    As a “loan servicer” has full access to credit agencies, it seems that they are starting to gleam information about mortgage holders, missed or late credit card/car loan payments etc. gathering information on distressed home owners, that are current, perhaps albeit late on mortgage payments, and looking to set up high equity to loan obligation homes for foreclosure.

    Anyone out there have any experience with this happening?

  13. If only it were that easy.

  14. Great info !!!!!

    Thank you. Please get well soon!!!

    I would appreciate your help in finding a lawyer to represent my foreclosure lawsuit in NJ, if you or anyone currently in foreclosure situation and is working with or knows anyone to recommend?

    Thank you,
    Alex

  15. eye for an eye etc…..
    LOAN MODIFICATIONS SHORT SALES = IN BIBLICAL TIMES (OLD TESTAMENT FOR MY CHRISTIAN BROTHERS AND SISTERS) IF A WOMAN WAS RAPED SHE WOULD HAVE TO MARRY THE PERSON WHO RAPED HER.

    IN AMERICA TWENTY FIRST CENTURY. THE BORROWER (WHO WAS RAPED) HAS TO MARRY THE RAPIST (SO CALLED LENDERS REALLY MORTGAGE BROKERS). WE GOT MONEY (SEX) AND NOW WE HAVE TO PAY ACCORDING TO ALOT OF JUDGES IN AMERICA..

    HAVE WE GONE BACKWARDS OR FORWARDS.

  16. Thousands of documents and dozens of motions have been filed by both sides since the suit was filed last year. The documents are held in 28 bulging folders stacked high inside a judge’s chambers on the 15th floor of the Ramsey County court building in St. Paul.

    Many of the details related to Wells Fargo’ securities-lending program are sealed, though more information likely will emerge as the suit grinds on. The case is so complicated that a state court judge appointed a special master to oversee the discovery process.

    “In my 40 years of practicing commercial trial law,” wrote the special master in a report to the court, “I cannot recall a case in which discovery has been more contentious.”

    The case is being closely watched by attorneys across the country, including those whose clients have lost money in securities-lending programs. It is viewed as the first securities lending case involving a large bank likely to head to trial, now slated for April. Some similar disputes were settled out of court, with the banks agreeing to make good some of the losses.

    Securities lending was long considered a risk-free way to squeeze slightly better returns from large investment portfolios. Earlier this decade, as the demand for loaned securities mushroomed along with the stock market, assets in securities-lending programs reached nearly $4 trillion. But the strategy backfired after some of the firms that manage the programs began to invest in riskier securities backed by loans tied to the housing market.

  17. THE QUESTION IS WHO IS FORECLOSEING ON ME?
    THE TITLE COMPANY
    MERS
    RECONTRUSTCO
    BANK OF AMERICA HOMELOANS SERVICING COMPANY

    IF I OWE A PERON OR COMPANY MONEY CAN HIS/HER BANK ACCOUNT OR ACCOUNTANT SUE ME?

    GO TO REALTYTRAC AND LOOK AT WHO IS THE LENDER ON MOST PROPERTIES AND YOU WILL SEE THAT IT IS BLANK

    ARE WE PLAYING A MILTON BRADLEY GAME OR ARE WE IN A MAGIC SHOW. OR ARE WE IN A COURT OF LAW IN THE UNITED STATES OF AMERICA OR SOVIET RUSSIA OR THE UNITED STATES OF BANANA REPUBLIC.

  18. Possibly (I am just saying possibly) Neils’s wife does not entirely “get” what makes Neil truly happy and healthy.

    It would not necessarily surprise me, I have a somewhat similar situation here at home; it does not mater to me, I still love Her with all my heart.

  19. We can wait. Please rest and recuperate, We need you healthy. We don’t need the wife learning of your transgressions. 🙂

  20. Neil,

    Please get some rest.

  21. I am forwarding this to my lawyer immediately!

  22. So does MERS have any D and O insurance, or error and ommissions insurance, we can all make a claim for or do we just go after the Title policy? I need to collect some money from MERS, I need some money. Mers wrote me a Satisfaction of mortgage on behalf of JPMorgan Chase, the thing is I did not know I borrowed money from JP in the first place, I thought it was accredited who gave me the loan.

    So if Mers cannot go BK, how will they pay all the claims they should well expect?. I think they should all go to the hot house.

  23. Neil,

    Enjoy yourself and get the well deserved R&R… This ruling will be the same when you get back…


    4closureFraud

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