SELLOUT TO MERS MEMBERS — AMNESTY!?: FANNIE MAE ISSUES NEW GUIDELINES ON RECORDING ASSIGNMENTS

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COMBO Title and Securitization Search, Report, Documents, Analysis & Commentary GET COMBO TITLE AND SECURITIZATION ANALYSIS – CLICK HERE

EDITOR’S NOTE: It appears as though Fannie Mae is trying to give some wiggle room to banks and servicers under the guise of new guidelines. But State law prevails and the guidelines are only effective as a matter of contract between FANNIE and correspondent lenders. One thing is clear, FANNIE is trying to legitimize MERS. It requires the following:

  1. the lender must report the MERS registration when it delivers the mortgage to us (by entering the applicable MIN on the Loan Schedule or Schedule of Mortgages). After we purchase or securitize the mortgage, we will notify MERS to ensure that the MERS records are updated to reflect our ownership interest. [Editor’s Note: This is a quasi government agency that was nationalized. MERS is a private recording system that is essentially unsecured — any person gaining a password and user ID can use it indefinitely to change the records. FANNIE should be eliminating MERS not including it in its operations. This is an attempt to say that MERS is a legitimate operation and that FANNIE will continue using it. It gives the impression that what they are doing it right, when in fact it is contributing to the title mess that is growing into nightmarish proportions throughout the United States]
  2. the lender will need to report our ownership interest to MERS when it registers the mortgage [Editor’s Note: This is a tricky way of leaving it to the correspondent lender to determine if the transfer to FANNIE has made proper and complete. It will be used by Banks to say that the administrative rules create a presumption of validity when in fact the requirements of state law either have not been met or it will be used to block borrower’s attempts to find out if State law has been followed. Once again attention to diverted from the discrepancies between (a) what they did at closing with the borrower (b) what they said they would do for the investor and (c) what they actually did with the money.
  3. After we purchase or securitize the mortgage, we will notify MERS to ensure that the MERS records are updated to reflect our ownership interest [Editor’s Note: This is doubletalk. If they purchase the mortgage, which they virtually never do except in cases of default, then they are the owner if they get a complete chain of title and properly executed documents by properly authorized people. If they securitized the mortgage, which is nearly always the case then they don’t own it. Why would they report to anyone, much less MERS that they own the loan? Once again attention to diverted from the discrepancies between (a) what they did at closing with the borrower (b) what they said they would do for the investor and (c) what they actually did with the money.
  4. For mortgages in existing Fannie Mae servicing portfolios, the lender will need to report our ownership interest to MERS when it registers the mortgage. (Note: If the original assignment of the mortgage to Fannie Mae was recorded in the public records, the servicer will first need to prepare an assignment from Fannie Mae to MERS and send it to us for execution. [Editor’s Note: THEY ARE DOING IT AGAIN! ASSIGNING INTERESTS TO MERS WHEN MERS EXPRESSLY DISCLAIMS ANY INTEREST IN THE NOTE OR MORTGAGE BY CONTRACT AND BY ADVERTISEMENT.]
  5. MERS will promptly notify us when a lender reports that we have an ownership interest in mortgages that it is registering with MERS. [THEY ARE DOING IT AGAIN. Leaving it to banks, servicers and MERS to sort out ownership of the loan without regard to the financial realities of the loan — whether payments have been made by obligors other than the borrower on the promissory note, whether the loan has been paid off in whole or in part by the servicer, insurer, credit enhancement or Federal bailout.]
  6. The lender will not need to include in the delivery package for a MERS-registered mortgage a copy of the assignment of the mortgage to MERS, nor will the lender be required to prepare and submit an unrecorded assignment of the mortgage to Fannie Mae, unless we specify otherwise for a particular transaction or transactions. [This is a blatant sellout to the Banks and servicers. It basically says that FANNIE will regard the package as in proper form and authentically transferred if the mortgage is MERS-registered. That is nuts. It means that they are formalizing the institutionalization of uncertainty in the marketplace. If this is allowed. Nobody will know the true owner of the loan from any public record, and therefore no owner and no lender will ever know if they really have a priority interest in the property. State statutes do not, in any case, allow MERS to pre-empt the county recording system. Yet that is exactly what FANNIE is attempting to do here.
  7. If a loan is registered with MERS and the servicing of the mortgage is subsequently transferred to another lender that is a MERS member, the transferee will not need to prepare an unrecorded assignment of the MERS-registered mortgage as part of the custody documents unless we specify otherwise for a particular transaction or transactions.
  8. if servicing of a MERS-registered mortgage is transferred to a lender that is not a member of MERS, or if the MERS registration for an active mortgage is terminated for any reason, an assignment from the servicer to Fannie Mae in recordable form but unrecorded will be required. [THUS A MERS MEMBER IS ELEVATED TO A POSITION HIGHER THAN THE NORMAL PERSON WHO MUST FOLLOW STATE LAW. MERS MEMBERS, ACCORDING TO FANNIE, DO NOT NEED OT FOLLOW THE LAW.]

Submitted BY NANCY DREWE on 2011/11/11 at 8:03 am

https://www.efanniemae.com/sf/guides/ssg/relatedsellinginfo/mers/pdf/merspolicy.pdf

Federal Home Mortgage dba FANNIE MAE (FORCE UPON ‘COMMERCE’ UTILIZING ‘MIN#’ ASSIGNMENT PRIOR TO SECURITIZATION.

Rules and Instructons to Correspondent Lenders

– For new mortgage deliveries to Fannie Mae, the lender must report the MERS registration when it delivers the mortgage to us (by entering the applicable MIN on the Loan Schedule or Schedule of Mortgages). After we purchase or securitize the mortgage, we will notify MERS to ensure that the MERS records are updated to reflect our ownership interest. (PLEASE NOTE THAT IT IS IMPORTANT TO REGISTER THE MIN ON THE MERS SYSTEM PRIOR TO DELIVERY OF THE LOAN (AND THE ASSOCIATED MIN) TO FANNIE MAE.)

-For mortgages in existing Fannie Mae servicing portfolios, the lender will need to report our ownership interest to MERS when it registers the mortgage. (Note: If the original assignment of the mortgage to Fannie Mae was recorded in the public records, the servicer will first need to prepare an assignment from Fannie Mae to MERS and send it to us for execution.) MERS will promptly notify us when a lender reports that we have an ownership interest in mortgages that it is registering with MERS.

• The lender will not need to include in the delivery package for a MERS-registered mortgage a copy of the assignment of the mortgage to MERS, nor will the lender be required to prepare and submit an unrecorded assignment of the mortgage to Fannie Mae, unless we specify otherwise for a particular transaction or transactions.

• If a loan is registered with MERS and the servicing of the mortgage is subsequently transferred to another lender that is a MERS member, the transferee will not need to prepare an unrecorded assignment of the MERS-registered mortgage as part of the custody documents unless we specify otherwise for a particular transaction or transactions. However, if servicing of a MERS-registered mortgage is transferred to a lender that is not a member of MERS, or if the MERS registration for an active mortgage is terminated for any reason, an assignment from the servicer to Fannie Mae in recordable form but unrecorded will be required.

• The lender will be responsible for the accurate and timely preparation and recordation of security instruments, assignments, lien releases, and other documents relating to MERS-registered mortgages and must take all reasonable steps to ensure that information on MERS is updated and accurate at all times. The lender will also be solely responsible for any failure to comply with the provisions of the MERS Member Agreement, Rules, and procedures and for any liability that it or Fannie Mae incurs as a result of the registration of mortgages with MERS or any specific MERS transaction.

Fannie Mae Guides and with the terms and conditions of the lender’s Master Agreement or any negotiated contract that it has with us, unless we specify otherwise. In addition, MERS’ failure to perform any obligation with respect to a MERS- registered mortgage does not relieve the lender (or the mortgage servicer) from its responsibility for performing any obligation required by the terms of its Fannie Mae contracts or the provisions of the Fannie Mae Guides.

For more information, please visit the AllRegs® website (http://www.allregs.com/efnma/) and perform a search under Fannie Mae Single Family for MERS.
MORNET is a registered trademark of Fannie Mae. MERS is a registered trademark of Mortgage Electronic Registrations Systems, Inc. and AllRegs is a registered trademark of Mortgage Resource Center Corporation.

60 Responses

  1. I really don’t understand this recording with MERS and Fannie Mae. If Fannie Mae purchases a loan from the lender, shouldn’t their be an assignment of mortgage recorded in the land records?

    Why would a “servicer” record an assignment of mortgage claiming to be the owner. They aren’t.

    My late mother’s house is in foreclosure. Lender stayed on as servicer for a few years after origination of loan. Loan was sold to Fannie Mae. When Lender transferred servicing rights to another Company, they filed an assignment of mortgage with land records. The assignment is from original Lender to the new servicer and is prepared by Orion Financial Group/D M Wileman out of TX. The mortgage is absent the usual MERS language.

    I’m so confused! In my mind the chain of title is broken. Is it? Can they fix it??

    Help!!!!

    Like

  2. johngault,

    And, title insurance kicks in any time a break — ie — “invalid” assignments in chain. Of course, other insurance also in addition.

    Invalid Assignments — go back — go back — go back.

    Title??? Long gone.

    Like

  3. Ian,

    Multiple types of insurance (as Neil has corroborated).

    But, the question is — once those insurance (protection) contracts are tapped — what happens to the loan ???

    And, yes — multiple account numbers — multiple insurance taps. And, no one knows where collection rights went.

    To johngault, RE- November 11, 2011 at 9:21 pm — that is important question —- each time collection rights sold —- gets cheaper and cheaper to debt buyer ——- So — when get to a modification question —– pretend lender claims to still hold borrower to the stated fabricated debt amount — even though collection rights have been sold for FAR FAR less.

    Modification??? DENIED. Why??? Debt buyers want BIG profit.

    I just cannot state enough how outrageous this scenario is.

    Debt Buyers —- reveal your self. :

    DOJs —- what the heck are you doing????

    Like

  4. johngault,

    Stay tuned.

    Like

  5. Word Mark RELS
    Goods and Services IC 036. US 100 101 102. G & S: real estate appraisal and valuation services; insurance agency services in the field of title insurance; credit reporting services; property collateral assessments, namely, real estate appraisal; property evaluations, namely, appraisal of real estate. FIRST USE: 20041108. FIRST USE IN COMMERCE: 20011108
    IC 045. US 100 101. G & S: Data compiling and analyzing of flood data for the purpose of real estate closing services; title searching; closing and post-closing services, namely, closing services for mortgage loans and real estate closing services; preparing and organizing loan closing documents. FIRST USE: 20041108. FIRST USE IN COMMERCE: 20041108

    Mark Drawing Code (3) DESIGN PLUS WORDS, LETTERS, AND/OR NUMBERS
    Design Search Code 26.09.14 – Squares, three or more; Three or more squares
    26.09.21 – Squares that are completely or partially shaded
    Serial Number 77888259
    Filing Date December 8, 2009
    Current Filing Basis 1A
    Original Filing Basis 1B
    Published for Opposition October 26, 2010
    Registration Number 3967165
    Registration Date May 24, 2011
    Owner (REGISTRANT) RELS REPORTING SERVICES, L.L.C. LIMITED LIABILITY COMPANY IOWA 5700 Smetana Drive Minnetonka MINNESOTA 55343
    Attorney of Record Dean R. Karau
    Description of Mark The color(s) yellow and red is/are claimed as a feature of the mark. The mark consists of a square comprised of four individual squares of yellow preceding the letter “Rels” in red.
    Type of Mark SERVICE MARK
    Register PRINCIPAL
    Live/Dead Indicator LIVE

    Like

  6. carie (tony also?) thanks for the case no. I’m going to go read it
    Now if anonymous is actually talking about TITLE insurance fraud, that’s a new one on me. I’m not suggesting title insurance isn’t issued on f/c properties because of course it is – at the peril of the t.ins. co. Well, that is if under the table indemnifications aren’t going on. I just am not aware of a con going on by banksters against title companies to collect on bogus claims. I must misunderstand ? because your deal is about false default which has nothing to do with title insurance per se. I have already fwiw determined how false default allowed banksters (or could have) to re-sell (collect the default insurance, write off the debt, and then re-package it as new debt to new suckers – who would know?) that falsely defaulted debt to yet more investors. I have no personal knowledge that this was done, but NOthing that gang did would surprise me. You know, a, if they actually did that, the consequences are huge to a lot of people in different hats, and if they did do it, I want to be in the front of the crowd when the cuffs are put on. The thing is, A, you think this was done on all sub-prime loans (right? don’t wanna misquote you), and maybe it was, but if so, they made a killing on the double-sale of those loans, so where the h did all the money go? Why did they need TARP bailout funds? The guarantees were killing them? But how is THAT so if they got all the default swap dough? I mean, that’s a lot of jets, mojitos, and bonuses. We are missing something here…….like the MONEY.

    And here’s my mantra again (and again and again and again until it happens):
    MERS HAS TO GO.
    It is the only logical step in returning some form of legitimacy to our land records. It is one place, one good place, where we start rebuilding this country. Criminal behaviors have been made possible by a most severe lack of transparency. There is no denying this. We can never stop white collar or any criminal behavior in its entirety, but by God, our representatives should be putting a stop to the ones we and they know about.

    We have to re-claim our rights and our records. It will cost a fortune to unscramble that mess. Good. MERS and its cronies can pay for it. If not, our tax dollars will and as to that, then so be it. It will be one time when we actually get something for our money. Thousands of jobs will be created and will be filled by tax paying AMERICAN employees (as opposed to what is apparently going on now with MERS, Genpact, and out-sourcing to INDIA). If you are young or otherwise energetic, imagine being a part of the team which figures out how to rid this country of a most vile systemic malignancy and and then pulls it off.

    YES, MERS HAS TO GO. I heard (here?) some politician from
    Tennessee is trying to introduce some stinking bill to somehow legitimize
    MERS (now the U.S.government is going to legislate the legitimacy of illegitimacy in private contracts?) or otherwise help its cause. Why doesn’t he just get Old Glory out and spit on it? Why not just burn the Constitution and all law books? If you’re from Tennessee, and if I got this right, you need to let that guy know it’ll be a freezing day in hell before he’d see re-election if he even thinks about it further. Who was that guy? He needs some mail – a lot of it, and soon.

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  7. ANONYMOUS- your last post re: mortgage title insurance fraud. I am stumped on this one, but it has to do with the ever-changing loan #s. The insurance companies are not dumb. I just cannot figure out how this type of insurance fraud could be carried out on a massive scale- any suggestions?
    In reading MBIA lawsuit, they (MBIA) stated that they fired the servicer and got a new one, due to poor performance. I didn’t know that the pool insuror hired/fired the servicer- any comments on this?

    Like

  8. Mortgage Title Insurance —- source of fraud.

    No investigation yet —- but — will come.

    INSURANCE FRAUD INSURANCE FRAUD INSURANCE FRAUD

    Oh yeah — said that before —- somewhere here.

    Like

  9. @jg

    A lie because of this info that tony related:

    “… they (Indymac), are debt collectors, servicing for no one, and…the trust is dead…DBNTC went into probate for all trusts so that it could get immunity. This case number is 30-2009-00300317PR-TR-LJC in SUPERIOR COURT OF THE STATE OF CALIFORNIA ORANGE COUNTY.
    Any lawyer should know that you do not go to probate unless something is dead and you are trying to finalize the end issues. Have your lawyer read these issues and then have him write and contact the bank and foreclosure mill and warn then not to take action until these can resolve that they did not do any of this, plus that they were not deemed general creditor by the FDIC.
    Also have him read MBIA v FDIC # 09-01011 in the UNITED STATES DISTRICT COURT FOR DISTRICT OF COLUMBIA. This case MBIA and insurance company for the securitizations for the indymac trust filed suit but lost because they were even labeled n general creditor by the FDIC. MBIA says some interesting things in this case to describe how the insurance works when there is a so called default by a home owner.”

    Like

  10. @john gault

    Here is the TOTAL LIE Robbie Weaver of Aztec Foreclosure mill sent to me in an email when I kept insisting that she tell me WHO would get the proceeds of the theft/sale of my house:

    “IF someone bids at the foreclosure auction, then funds go to OneWest who then in turn pays the investor, Deutsche.”

    Like

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    Like

  12. Does anyone know for certain what happens to the proceeds of the re-sale of foreclosed homes? The sec’n investors – the certificate holders – are surely paid in the aggregate generally for their derivative interests in the pools of loans. Notwithstanding any fnma or master servicer guarantees, there would be a ‘dip’ in those monthly (?) payments while payments are not made by homeowners. But then, the properties are resold after f/c and there are proceeds to deal with. Are those proceeds now distributed to the investors in what, their next monthly payouts?

    Or is this not the case at all and the value of the derivative, like a stock, merely fluctuates as default occurs and then some monies are re-captured by the re-sale? These are probably pretty sophomoric questions to people who understand derivatives (and here I assume what the investors, the certificate holders, purchased are derivatives) , but I don’t know the answers and would like to. I wouldn’t be surprised if what is supposed to happen doesn’t, but I’d like to know what the investors thought would happen, how it was laid out.

    Like

  13. Thanks for another giggle, E.Tolle…can I call you ET?

    Like

  14. WTF?

    Ask yourself the tough question Nancy, are you having visions or hallucinations?

    Like

  15. Heavy rains. A flood. Woman takes dogs and cats to upper level of home. Sheriff stops by to take to higher round, no that’s ok I’ll wait for his help. Water continues rising, forced to roof with dog and cat. Water rushing by, boat offers to take her ashore. No that’s ok I’ll wait. The dog and cat washed down the ravine, holding on to the chimmney, in the dark of night, the pilot tosses the ladder down and announces grab the ladder, no thats ok I’ll wait for Him. Women awaks, wet and is standing at the door of the pearly gates. Annoyed and angry things did not go her way when St. Peter says Welsome – she barks back – hat happened I expected more. Where was he? Saint Peter says what did you want us to do? We sent the Sheriff, the Coast Guard, and Rescue Station. You got here your way.

    I don’t claim to offer anything even remotely educational or possess knowledge of anything valuable at all. Void ab initio’
    And you point is?

    Like

  16. Pennsylvania University mentality…huh….gheezle….Nancy, are you yet another of his personalities? MEDS ON POST SIX! CODE RED!

    I have never once put myself out as a teacher. I don’t claim to offer anything even remotely educational or possess knowledge of anything valuable at all. Void ab initio, that’s me. I’ll agree to being about as valuable to this blog as a bundle of Goldman Sachs RMBS. To quote the great Schultz, “I know nothing!”

    What I do have however, is a shorter and shorter fuse the longer these criminal acts go on. Soliman may be an expert as you and he claim, but his disposition is that of a robber baron. If he holds the keys to unraveling this mess, why does he feel the need to obfuscate something that is already hidden behind moats, gates, and barbed wire? Why the finger-poke in the eyes like a bad three stooges re-run? Is that really necessary?

    Is the great fez-cap wearing securitization wizard secret handshake crap he pulls on homeowners losing everything necessary? Is it helpful in any way, shape, or form? If so, I promise to shut up for the duration of this blog.

    There really is no reason to bitch slap any borrower for any reason, expert or not. It’s uncalled for, and un-cool. So let’s just agree to disagree. I’ll go back to snarking and you go post a hundred and fifty pages of WF filings, K?

    Like

  17. E.TOLLE. LET’S SEE WHAT HAVE YOU TAUGHT ?

    MR. SOLIMAN is an expert and he is absolutely correct.

    I see fraud by concealment and general ledger …..

    What do you see? Other than Pennsylvannia University mentality of hissy fit.

    Like

  18. ENTERPRISE TITLE, INC.
    RECORDS ELECTRONIC DEED AND MORTGAGE

    Enterprise Title, Inc. successfully recorded an
    electronic deed and mortgage on August 2, 2005
    in our Weston, Florida office using the technology
    created by our sister company eCloz LLC. The sellers,
    Lisa and Frank Alvarez, conveyed title electronically
    to Tom and Louise McGrath (pictured).
    The McGraths then signed a mortgage in favor of
    HomeBanc Mortgage Corp.. The deed and mortgage
    were “locked down” by the eCloz eARM module
    (patent pending) to insure the integrity of the
    documents. Enterprise Title, Inc. then sent the
    original electronic instruments to the Broward
    County (FL) Records Division, which indexed them, recorded them, and returned them to Enterprise
    Title, all within five minutes! The McGraths received their deed and their title policy, issued by First
    American Title Ins. Co., (NYSE:FAF) before they left the closing table. Homebanc received its recorded
    mortgage and the loan policy immediately after closing.
    This is the first ‘Model 3’ closing in Florida,” explained Peter Hesse, Chief Technology Officer for
    eCloz. “We complied with the national standards established by county recorders (PRIA), and the
    mortgage industry (MISMO). This was not the recording of a “scanned” document as has occurred
    in other venues. The eCloz process will allow the Closer to record all of her documents without
    leaving her desk.”
    “It was a great experience for us,” said Tom McGrath, “especially since I have been working on
    electronic recording for so many years.” McGrath served as the Automations Manager to Sue Baldwin,
    Director of Broward County Records Division, as Broward became a national pioneer in electronic
    recordings. He is currently a Vice President with Aptitude Solutions, the vendor which created
    the electronic interface for the Broward Records Division.
    “From a lender’s perspective, we have eliminated the ‘trailing documents,” added Norb Theisen,
    Sr. Vice President of HomeBanc. “By receiving the mortgage and the lender’s title policy immediately
    after closing, we will reduce overhead costs in our post-production areas and create greater
    efficiencies. We look forward to handling more transactions using the eCloz method.” HomeBanc
    Mortgage, a mortgage banking company that focuses on originating purchase money residential
    mortgage loans in the southeast United States, is a subsidiary of HomeBanc Corp. ( NYSE : HMB ).
    eCloz LLC is joint venture between eCloz.com, Inc. (www.ecloz.com) and First American Title Insurance Company
    (www.firstam.com). e-Cloz.com, Inc. coordinated the country’s first completely paperless purchase and mortgage closing in
    July, 2000. First American is a subsidiary of The First American Corporation (NYSE:FAF), the nation’s leading provider
    of business information. Enterprise Title, Inc. is one of Florida’s leading title agencies (email: dwstraus@enterprise-title.com)
    For more information about HomeBanc Corp., HomeBanc Mortgage, or the company’s mortgage products, contact

    http://www.enterprise-title.com/content/Newsletter%20Volume%201G.pdf

    Ranked in Top 10 First American Title Ins Co.-South Florida agents

    • Consistently ranked in Top 25 Attorneys Title Ins. Fund-Statewide

    In many other jurisdictions, the closing process brings together the title company, the settlement agent and the

    attorney. Fortunately for our clients, Enterprise Title, Inc. fulfills all of these roles. Enterprise is a title company and a closing agent. Additionally, our attorneys examine title, issue title insurance policies, and supervise the entire closing process.

    In a mortgage transaction, we must follow the lender’s instructions.

    Our performance is governed by the Florida Department of Insurance and by the

    underwriting guidelines from our title underwriters:

    First American Title Insurance Company (www.firstam.com);

    Attorneys Title Insurance Fund (www.thefund.com); and

    Stewart Title Insurance Company (www.stewart.com).

    Enterprise fulfills eight primary roles in the real estate closing:

    • we receive all monies, hold them in escrow, and disburse to all parties

    • we examine title, clear title defects, then issue title insurance

    • we prepare the documents (between 50-75) for closing

    • we conduct the closing

    • we record the Deed and the Mortgage

    • we return signed documents to the lender

    • we pay off all outstanding mortgages and liens and…..

    • WE RESOLVE ISSUES AMONG THE BUYERS, SELLERS AND LENDERS TO ENSURE A SMOOTH, SUCCESSFULTRANSACTION.

    FROM 2005 NEWSLETER:

    Since 1974, the real estate world has changed dramatically, but the law has not been updated. The Secretary of Housing and Urban Development (HUD) is proposing a series of changes to RESPA. (IN 2005 newsletter – each year, there are over six million real estate transactions in the United States.) Hundreds of thousands of people are employed by the trades which comprise the real estate industry. These rules will affect all of us. Stay tuned. [what were the RESPA REFORMS and did they help or hurt?]. We’ve lost how many o fhundres of thousands of unemployed related to real estate industry?

    HUD

    http://www.enterprise-title.com/content/Newsletter%20Volume%201G.pdf

    Cashier check is evidence that the Originators have sold the MBS to

    investors before the underlying mortgages are closed

    Fraud by concealment in court of equity what will this mean?

    Would attachment ccfr.org be persuasive evidence?

    See Cashier Check attached. 2 days prior to consumer signing documents, secret closing takes place in which over 90 days a series of transactions will transport through other transactions while new loan held in escrow: secure lenders policy for example. The Cochrane mortgage was not recorded for 90 days until 9/7/2006. Why? The bank closing agent did not want to get screwed out of his money. His quote not mine. He closed as allowed and his firm issued the ‘Good Title Commitment’ in accordance with contractural arrangements of FREDDIE Mae dba Fannie MAC since June 1997 as discussed by Chicago Title Management disclosure what is MERS. The POA letter from PREMIER ASSET SERVICES is my LENDER on REO Appraisal. Amy has PASREO Broker who closed with BH&L robo-law firm the RELS counsel who closed 2 weeks prior to summary judgment ruling. Why? They would have missed their 60 Day Insurance Option and receipt of insurance produceeds of sale $140K. SERVICER had to repurchase loan at full value? Why in CTSLink is there an entry for over $345K on a $180K loan that was only $8K in default? Why did PASREO broker offer sale of property as settlement and engage in STRAWMAN deal? Did they think Amy would ignore fact she did not have a loan# affixed to the ‘mortgage’ ‘deed’ ‘deed of trust’ and here we have both RELS TITLE on DEED and Premier Asset Services, Melanie Hopke vested POA by the attached documents dba Wells Fargo Bank NA or any of the other ‘entities’ listed. The nationwide closings are mandated by Qualified Intermediary to secure ‘good title’ in order to resell REO property at retail. Once REO Property sold at retail there will be settlements after the fact and any leftovers from the insurance proceeds are kept not returned.

    DELIVERY SECONDARY MORTGAGE MARKET –

    ORIGINTORS SOLD MBS TO INVESTORS BEFORE UNDERLYING MORTGAGES CLOSED!

    If not concealed would not be a problem right? Why concealed? Predatory Lending? Laundering of cash? Evading taxes?

    Like

  19. @Saveamericaone,

    Do you have to write in capitals? I mean, does something terrible if you don’t, like you’ll be suddenly struck by lightning or the little green men will come to get you and take you away, far, far away in the sky and even beyond?

    Please do tell.

    Like

  20. @E.Tolle

    You a funny guy.

    Like

  21. Sybil’s back, with all his wit, wisdom, and vitriol. At times appearing in the persona of the entrenched Wall Streeter who knows the game, then suddenly a voice comes out claiming to be the great educator who will show us all the error of our ways, bestowing his vast knowledge and secret, powerful mantras before suddenly being overwhelmed by another personality who pushes the English language to depths never before reached with all of the mental lucidity of a small rock.

    Whatever Maher. Kiss my ass. For years now I’ve listened to your egomaniacal rants while you pretend to shed light on the criminality, and there are those here who consistently buy your over-the-top melodrama. I personally find your diatribes as amusing as a bullfight, where only those hiding swords behind cloaks win and the fight’s not at all fair. Screw you, and the brass bull you road in on.

    Like

  22. ARE YOU A MONKEY? WHO SEES NO EVIL, HEARS NO EVIL, SPEAKS NO EVIL? THEN YOU MUST BE A BENEFACTOR OF THE TRANSACTIONS OF MORTGAGE-BACKED SECURITIES (“MBS “)used to settle obligations to investors over a period of 90 days once Good Title Commitment Letter Issued, then appraisal valuations services.. Residential mortgage loans totaled more than $10 trillion outstanding in December 2009, make up almost 1/3 of the volume in the non-bank credit market. More than half of that amount is held in mortgage-backed securities (MBS), which are assets that allow the separation of the loan origination and investment functions

    Did the FTC CONSENT ORDER 2/24/1998 open Pandors’s Box? Surely ‘SPERIOUS’ looking back OR ‘coincidence’? Lawyers Title Corporation, Land America, Reliance, 11 Bank CREDIT Facility (Clearing House members) were well prepared for change, a needed change actually. The distributed nationwide network of affiliates of national bank closing agents direct access to local title agents under contractual arrangements issue ‘Good Title Commitments First’ to underwriters who then seek appraisal valuation services and a lender if needed. Otherwise, current servicer used to execute loan ‘modifications’ until defaults occurred.

    Norwest Corporation incorporate “RELS TITLE’ located at One Home Campus, Des Moines IA, created 12/31/1997, to be registered and monies reported through Federal Reserve system reported 3/1998 forward.

    2/24/2008 FTC did reduce competition. Was that the intent? Decentralized title plants allowed ‘Norwest Corporation & Wells Fargo & Co/MN to merger to be the #1 Originator and #1 Servicer ‘escrow’ production facility of non-conforming financial products.

    MERS became electronic book records display to escrow closing agents and allowed the real estate industry to enjoy for a decade a boom.

    FRB & Freddie/Fannie & OCC should have been watching ‘escrow closings’ now free to do title business outside these plants.

    FTC Consent Order requiring Lawyers Title Corp ordered to divest title plants in 11 localities, 3 states, and District of Columbia 2/1998.

    1/1/1998 Norwest Mortgage, Inc. dba RELS and Wells Fargo Home Mortgage dba ATI TITLE, by 11/2/1998 ‘merger’ both utilize valuation services of their RELS BUNDLE and nationwide network of national banks engage in third party escrow closing all are affiliates of national banks treated as a retail ‘process’ OCC never looks at transactions of the nationwide agents, brokers, dealers, distributors of the national banks, nor know about the secret closing two days before borrower signs on the dotted line. Each member of CLEARING HOUSE in strategic partnerships using their own ‘retail’ brand labels and same back offices for efficient nationwide network. Does the OCC know that the national bank facilities ‘escrow closings’ and first step ‘issue Title Commitment Letter’ known as ‘pre-closing’, allow all to engage in closings and allow one bank closing title & settlement agent to process all documents required by FREDDIE MAC. The next mechanized transaction of the whole loan transfers will allow the RIDER Notes to be executed, and Qualified Intermediaries will update the Assignments per contractual arrangements with FREDDIE/Fannie Mae, and compliance of FRB COLLATERAL. Assets of like kinds exchanged in global market ‘1031 Exchanges’ ‘DTC electronic book entry’ and ‘MERS” electronic book entry, repository access to general ledger each of the Qualified Intermediaries update and during defaults move to CLEARING HOUSE members who as National Banks are ‘insured’ if too many ‘defaults’ occur.
    For the life of the loan, Servicers continue to service portfolios of performing and non-performing debt collections assured all will get Good Title issued during origination or servicing per contractual arrangement with Freddie/Fannie allow ‘escrow closings’ agent process of looking in MERS title exchange and local land record, and defaults 670-Property Investor Report listing Grantor/Grantees as recorded in MERS for life of indentures attached to property and life of loan

    MERS as grantee for life of loans allows BENEFICIARY assigns and/or successors Nominee MERS, pre-closing local escrow company issues first ‘GOOD TITLE LETTER’. No documentation means instant approval of 100% plus unsecured credit lines.

    All business generated through only those agents affiliated with ‘Servicer’ trained to conduct Alt-A Escrow Closings. Escrow agency and agents receive substantive commitment fees which include the title commitment remains with local title bank closing and settlement agent who will distribute related HUD fees and services to third party broker, dealer, distributor, brokers.
    IF YOU ARE NOT PART OF THIS PIPELINE YOU DON’T GET BUSINESS. Can’t afford to be a member then be all you can be as an affiliate. As long as you meet the minimum requirements (are a document subscriber to a cloud document provider’ your set and may be satisfied with the bread crumbs.

    NORWEST CORP 3/1998 and forward do business as both RELS and ATI TITLE, Norwest Corporation. & Wells Fargo & Co/MN. The strategic partnerships, mergers and acquisitions 1997 Lawyers Title Corporation (“LTC”) required to divest title plants in 11 localities, over 3 states and DC to settle FTC charges proposed acquisition of title insurance operations of Reliance Group Holdings Inc., including Reliance Group’s indirect subsidiaries, Commonwealth Land Title Insurance Company and Transnation Title Insurance Company would reduce competition in local markets for title plant services. Title Plants are heart of pipeline of alternative investments, privately-owned collections of real estate title information obtained from land records used to conduct title searches. No longer needed thanks to MERS ‘Title Exchange’.

    History OREXCO – OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY FORMED JOINT VENTURE.WITH
    Attorneys’ Title Fund Services, LLC
    AFFILIATE MEMBERSHIP PROGRAM
    6545 Corporate Centre Boulevard
    Orlando, Florida 32822

    CLOSE WITH CONFIDENCE:
    ‘FUNDNET’ © 2003 – 2011 Attorneys’ Title Fund Services, LLC. The Fund is a registered trademark of Attorneys’ Title Insurance Fund, Inc. and is used by permission. Trademarks & Copyrights

    In July 2009, Attorneys’ Title Insurance Fund, Inc. (which has provided extensive support for the real estate practices of Florida attorneys since 1948) and Old Republic National Title Insurance Company formed a joint venture called Attorneys’ Title Fund Services, LLC. The joint venture provides technology, education, marketing support and underwriting to Florida real estate attorneys in keeping with The Fund’s mission to preserve and facilitate the real estate practices of its members and their protection of the ???

    The FTC’s analysis found that the acquisition would be likely to reduce competition in title plant services in the following local areas: the District of Columbia; Brevard, Broward, Clay, Indian River, St. Johns, St. Lucie, and Pasco Counties in Florida; Ingham, Oakland, and Wayne Counties in Michigan; and St. Louis City and County in Missouri.

    ENTERPRISE TITLE LLC IN FLORIDA, BROWARD COUNTY 2/2000 FIRST PAPERLESS ESCROW CLOSINGS ALLOWED THIRD PARTY AFFILIAITES TO PASS THROUGH MEMBER and electronically record and pay fees with Broward County.

    HUD SUSPENDS http://www.thefund.com/portal/news/index.jsp?id=1012080#item

    HUD Suspends Allied Home Mortgage Corporation
    On Tuesday, November 1, 2011, HUD suspended Allied Home Mortgage Corporation from originating and underwriting new mortgages insured by the Federal Housing Administrator.
    In addition, the Government National Mortgage Association has also suspended the company from issuing Mortgage-backed Securities. The company has been cited for numerous violations of HUD/FHA requirements.

    HUD is also suspending the company’s president and chief executive officer, James C. Hodge.

    This ALERT has been published for the sole purpose of meeting the company’s predetermined underwriting criteria, and should in no way be construed as the opinion of The Fund as to the financial stability or impropriety of the parties or entities named in this ALERT.

    WHY CHOOSE a strategic partner of ‘Attorney’s Title Fund Services LLC’ and OREXCO – Old Republic Title Exchange Company to perform a paperless mortgage closing care of its escrow agents, brokers, dealers, distributors?

    http://www.enterprise-title.com/content/Newsletter%20Volume%201G.pdf

    © 2003 – 2011 Attorneys’ Title Fund Services, LLC. The Fund is a registered trademark of Attorneys’ Title Insurance Fund, Inc. and is used by permission. Trademarks & Copyrights
    .HUD

    WHAT IS THE NEW BOX BEING OPENED? READ AND WEEP: ABOUT TYPICAL ‘TBA’ TRANSACTIONS AN ORIGINATOR SELLS AN MBS TO AN INVESTOR AND PROMIES A PACKAGE OF LOANS TO A SECURITIZER AS SOON AS THE UNDERLYING BORROWER CRIEDIT SCROES AND APPROVED THROUGH THE RELS NOW BEING RENAMED TO WHAT? LEGAL FINANCIAL SYSTEMS? WHICH OF THE FIRST FOOTNOTE OPTIONS WILL BE CHOOSEN AT YOUR EXPENSE: 1 Hancock and Passmore (2009) propose three innovations, a “buy your own” mortgage option, variable maturity debt and a government bond insurer that insures covered bonds, for promoting financial stability while enhancing
    the mortgage market. Nejadmalayeri (2010) argues for a mortgage whose payments are indexed to wage inflation to
    reduce default risk while Ambrose and Buttimer (2012) advocate a mortgage whose balance rises and falls with
    changes in a house price index to reduce the value of the borrower’s option to surrender the home to the lender.

    2 The TBA market has very specific rules that govern the delivery process because originators have sold the MBS to
    investors before the underlying mortgages are closed. See the Securities Industry and Financial Markets Association
    website (www.sifma.org) for standardized rules of good delivery and Mortgage Market Note 08-03, “A Primer on
    the Secondary Mortgage Market”, published by the Office of Federal Housing Enterprise Oversight on July 21, 2008
    for an overview of the market structure. In this paper, we use the terms “securitizer” and “investor” interchangeably
    because the securitizer acts mainly as a bookkeeper, exchanging loans for MBS in return for a very small fee. The
    Federal National Mortgage Association, (Fannie Mae) and the Federal Home Loan Mortgage Corporation (Freddie
    Mac), are the most widely-quoted securitizers but a variety of private institutions also issue loan purchase
    commitments. Frame and White (2007) contains an excellent overview of the roles of the participants and the
    administrative structure of the secondary mortgage market.
    3 The lender collects two types of fees as part of the mortgage origination process. The commitment fee is a true
    “origination” fee paid by the borrower and retained by the lender. Lenders also collect a variety of third-party
    charges, such as appraisal and title search fees, which are passed on.

    http://www.ccfr.org.cn/cicf2011/papers/20110608060311.pdf

    Like

  23. “Saveamericaone”: Yeah, yeah, whatever. SHOVE IT! I could call you a few things too, but fortunately for you, I’m in a good mood today.

    Like

  24. LEAPFROG – MERS DID NOT HARM COUNTY. YOUR CONTINUED IGNORANCE OF WHAT SHOULD OR NOT BE RECORDED I N LAND RECORDS H ARMS YOU AND NATION.

    Like

  25. FRB, FANNIE AND FREDDIE DOING WHAT THEY ARE SUPPOSE TO DO AS FEDERAL REGUALTORS OVER COMMERCE. UNDUE INFLUENCE,

    LEGISLATURE – FOOL ME ONCE BUT TWICE? ITS A CHOICE YOU REMAIN UNEDUCATED. IGNORANT ABOUT ECONOMY, PROPRIETARY TECHNOLOGIES, GLOBAL FINANCE, LAW.

    CLEAN HOUSE AND FIRE ALL.

    JOB DESCRITPIONS POSTED WITH CURRENT SKILL REQUIRMENTS.

    WHAT ARE THE LEGISLATURE ‘EACH OF THE 535 PLUS MEMBERS CERTIFIED AND LEARNED AND SKILLED THAT MATTERS AS RELATED TO ECONOMICS, TECHNOLOGY, LAW, AND SO MUCH MORE!

    ITS NOT JUST WHAT ONE STANDS FOR THAT WILL MAKE A GREAT PRESIDENT IN THE 21ST CENTURY. ITS WHAT GREAT INTELLECTUAL WITH MORALS CAN DO FOR OUR COUNTRY THAT MATTERS!

    WHO WILL HAVE THE ‘GONNADS’ TO ASK THAT IN THE DEBATES!

    OUR CONSTITUTONAL PRESIDENT PROVES GOOD INTENT NOT ENOUGH! BILL CLINTON PROVED KNOWLEDGE ABOUT ECONOMY WITHOUT MORALS NOT ENOUGH.

    Like

  26. “We’ve tended to think the securitization industry is in for a world of hurt even before you get to the legal and practical mess created by MERS. A national registry done correctly could have been a very useful, but “correct” was apparently too hard (as in costly) to be seen as attractive to the mortgage industrial complex. And the stripped down version is proving to be a disaster.

    I’ve read a number of legal analyses of MERS, and this is one of the tidiest I’ve seen of what is so wrong headed about it. I try to avoid long extracts with limited commentary of my own, but I think you’ll see why I’m treating this selection as worthy of your consideration. The full paper, “The MERS Mortgage in Massachusetts” was sent by the author Robert Ludden to 4ClosureFraud, and you can download it there.”

    http://www.nakedcapitalism.com/2011/11/devastating-analysis-of-mers.html

    Like

  27. ENRAGED, BE MAD AND VERY MAD ABOUT THE ‘CONCEALMENT’ , FOREGIVE YOURSELF FOR BEING A STUPID PERSON WHO SIGNED A STUPID CONTRACT AND DEAL WITH IT.

    ANYONE EXCHANGE THEIR OBLIGATION USING ‘BEARER’ PAPER EITHER BY ENDORSEMENT OR POSSESION.

    Like

  28. Do you think they will ever get it?
    MERS is a 21st century electronic title exchange.
    MERS employees service clients of MERS not you.
    MERS has nothing to do with land records.
    MERS is our best friend in validating Assignments.

    FREDDIE MAC DBA FANNIE MAE ‘IMPOSED’ UPON REAL ESTATE INDUSTRY NATIONWIDE ‘Title Exchange’ to exchange assets all legal.

    Like

  29. JOHN GAULT

    YOU HAVE AS MUCH RIGHT TO THE ‘EQUITY TITLE’ AS THE DEBT COLLECTOR DBA ATI TITLE DOES NOT HAVE EQUITY TITLE TO YOUR PROPERTY. GET IT?

    Like

  30. Anonymous, Fools, Posers and Dirty Harry rerum watchers,

    If the blank endorsements and open assginemnts are necessary under a purchase and sale….why I ask is there a UCC filed against the assets?

    Confusious say – WTF (wheres the Foreclosure….with the Fed). That’s what i said Fred!

    M.Soliman
    expert.witness@live.com

    http://www.keepguessing.com
    OR write to
    loseyourhome@anonymous.con

    Like

  31. MersCorp has standing! It is used to represent the beneficial interest for _______________. You, not the lender or the MersCorp officers allege Mers standing by challenging Mers standing in an unrelated foreclosure.

    Mers is to the ___________________ and UCC 1 filing. It is by assignment prima facia evidentiary for ___________________ Mers is for purposes of divestiture … UCC 1 affirmation.

    This is why I refused to use them in 1998 and forward. I was one of them and loved this time of year. I would hold up all Notices of Sale for late afternoon delivery by messenger; THANKS GIVING DAY!

    MersCorp is Joinder in your claims! Oh, someone please…stop him …call the Navy or local chapter of the Penny Saver —please! What if he’s right? I’d rather lose my home Ahhhhhh!

    MersCorp provides the recourse in the deal an acts as a failsafe or poison pill for enforcement by Guarantors by Separate Instruments. It is manipulation of a wholesale platform and materially misleading cause of action for claims of tortuous interference and concealment of fact with county recorders and not the consumer.

    So be it said …here of all places.

    M. Soliman
    Expert.witness@live.com

    Like

  32. anonymous, from today’s post, above:

    “After we purchase or securitize the mortgage, we will notify MERS to ensure that the MERS records are updated to reflect our ownership interest.” Doesn’t this answer the question of who owns those notes?
    FNMA is saying it will ‘notify’ MERS …OUR ownership if we purchase OR securitize. Looks like FNMA is alleging it owns notes either way, but it’s weird. Is this to imply fnma will securitize loans it didn’t purchase? Did fnma act as a non-purchasing aggregating pass-thru? Got me, but it’s weird.

    Also, I am hard-pressed to believe this was in FNMA’s ‘stuff’ in 2003 or 05 because it looks misdirection and a CYA. Sorry, Sal. “We will notify MERS to ensure that the MERS records are updated to …..” Oh, please. FNMA will “notify” “MERS”? Huh? Like send a fax or telegram or note to a computer system, or otherwise “notify” a company with no employees so its computer system, which is entirely dependent on member-entries, can perform? My read on this is that it’s a blatent attempt to posture that “MERS” would actually DO something, which it does not. I’m not sure what all the game is with this, but “MERS” aint gonna and never was going to DO something about any “notification”: if the member didn’t make the entry, there was and is no entry. This whole deal is like some sad and sorry Candid Camera on the 99% and it is so not funny.

    Like

  33. On July 24, 2000, Enterprise Title, Inc. became the first title company in the United States to process and close a completely paperless mortgage transaction. For more information on this historic event, click here.

    On July 24, 2000 a team of mortgage industry technology leaders met at the Weston, Florida offices of Enterprise Title, Inc. and completed the first paperless, fully electronic mortgage loan and home purchase in the United States. The loan was closed, recorded and delivered to the secondary mortgage market in less than three hours.

    Securing and transferring mortgages is a complex business process with many participants, many steps, and very specific requirements for the control and management of contracts, records and other sensitive documentation.

    This milestone event was completed in Florida through the combined efforts of a broad range of participants including Enterprise Title, Inc.,eCloz.com, Inc., eOriginal, Inc., Mortgage.com, Broward County Records Division, NewVision Systems Corporation (NewVision), Attorneys’ Title Insurance Fund, Inc. (The Fund), Irwin Mortgage and Fannie Mae. This paperless, electronic closing, which met the applicable requirements of state electronic transactions legislation, came on the heels of the federal E-SIGN legislation signed into law by President Clinton on June 30, 2000.

    The home was sold by Arvida Homebuilders to Mr. Jose Ignacio Arroyo, by the electronic execution of a Deed. Mr. Arroyo then electronically executed the promissory note and mortgage at Enterprise Title’s office in Weston, Fla. The entire transaction was made possible using various proprietary technologies.

    © 2006-2011 Enterprise Title, Inc., All Rights Reserved
    “The Paperless Closing Company” is a Trademark of Enterprise Title, Inc.
    “The Paper Stops Here…” is a Registered Trademark of eCloz.com, LLC
    Use of this site signifies your agreement to the Terms of Use

    http://www.enterprise-title.com/holder/paperless.htm

    http://enterprisetitleservices.com/docs/titleindemnity.pdf
    ENTERPRISE TITLE SERVICES, INC.
    IN ITS OWN BEHALF AND AS ESCROWEE

    TITLE INDEMNITY-ESCROW AGREEMENT

    Agreement Number _____________________

    WHEREAS, Enterprise Title Services, Inc. (hereinafter referred to as the Company) is about

    to issue its title insurance policy insuring against loss by reason of defects in the title to the land

    described in Commitment of Title Number ______________________

    AND WHEREAS, the Company has noted as exceptions to the aforesaid title the following

    actual or supposed rights, interest, liens, claims, encumbrances or defects in title (all hereinafter

    referred to as Exceptions):

    AND WHEREAS, the Company has been asked to issue its title insurance policy as

    aforesaid, either without mention of the aforesaid Exceptions or insuring against loss by reason

    thereof; and

    WHEREAS, the Company may issue either concurrently herewith or hereafter and in the

    ordinary course of its business another policy or policies in the form or forms now or then

    commonly used by the Company, insuring against loss by reason of defects in the title to said

    land or to some parts thereof or interest therein, either without mention of the aforesaid

    Exceptions or insuring against loss by reason thereof;

    NOW THEREFORE, in consideration of the issuance of the title insurance policy and the

    payment of $ 1.00 to the undersigned by the Company, the sufficiency and receipt of which is

    hereby acknowledged, the undersigned, jointly and severally, for themselves, heirs, personal

    representatives and assigns do hereby covenant and agree with the Company:

    (1) to forever fully protect, defend and save the Company harmless from and against all the

    Exceptions, in and from any and all loss, costs, damages, attorneys’ fees and expenses of every

    kind and nature which it may suffer, expend or incur, or by reason, of in consequence of the title

    insurance policy on account, or in consequence, or in growing out of the Exceptions, or on

    account of the assertion or enforcement of attempted assertion or enforcement thereof or of any

    rights existing or hereafter arising, or which may at any time be claimed to exist under, or by

    reason, or in consequence, or growing out of the Exceptions or any of them;

    (2) to provide for the defense, at their own expense, on behalf and for the protection of the

    Company and the parties insured or who may become insured, against loss or damage under the

    title insurance policy (but without prejudice to the right of the Company to defend if it so elects)

    in all litigation consisting of actions or proceedings based on any Exceptions which may be

    asserted or attempted to be asserted, established or enforced on, to upon, against or in respect to

    the land or any part thereof, or interest therein;

    (3) to pay, discharge, satisfy or remove all of the Exceptions to the satisfaction of the

    Company (as to which the Company shall be the sole judge) on or before

    __________________________; and

    (4) that each and every provision herein shall extend and be in force concerning future

    policies or commitments.

    The undersigned hereby deposits with the Company as Escrowee under this Agreement

    known as Title Indemnity-Escrow Agreement Number ________________________________;

    to constitute a fund under the absolute control of the Company/Escrowee to indemnify the

    Company as herein provided and for the other purposes herein set forth.

    The Company/Escrowee shall have the right at any time hereafter, when it shall deem it

    necessary, expedient, desirable, or to its interest to do so, in its sole discretion to use or apply the

    fund, or any portion thereof, in such manner and in such amounts as the Company may deem

    necessary and advisable, to the payment, discharge or satisfaction of, or the removal from the

    title to the land, or any part or parts thereof, or interests therein, any of the Exceptions, or for the

    purpose of acquiring by conveyance, assignment, or otherwise any Exceptions, or for the purpose

    of reimbursing anyone who may have paid, discharges, satisfied or removed any Exceptions.

    In case of litigation involving the fund or the rights of any person of corporation hereunder,

    the cost, expense and attorney’s fees of the Company may be paid or retained by the Company

    out of the fund.

    If the Company shall find that the liability hereunder shall have increased because of lapse of

    time or otherwise, the Company may call on the undersigned for an additional deposit sufficient

    to indemnify the Company against such increase of liability, in which event the undersigned

    shall thereupon furnish the Company the deposit requested.

    The Company/Escrowee shall be under no duty to invest or reinvest any cash at any time

    held by it hereunder. The Company/Escrowee shall have the full right, power and authority to

    commingle any and all cash at any time constituting said deposit or part thereof with its other

    Escrow funds and all income, if any, derived from any use which the Company/Escrowee may

    make of any deposits hereunder shall belong to the Company/Escrowee.

    In case any of the Exceptions are paid, discharged, satisfied or are removed as such to the

    satisfaction of the Company (as to which the Company shall

    Like

  34. Banks, servicers, government, they all “do more than just stand behind” us, right E.Toile?

    Get out of the system. Period.

    Like

  35. Don’t you dare fall for that one! Banks are trying to “rent” you your home (and you’re still liable for the repairs). If you wanted to rent, you would have. You chose to put everything on the line to “own”. You lost everything because of the banks’ shenanigans.

    Don’t, please, don’t fall for that one!!! Banks want you to fall for it.
    Disappointing from Hufpost. Done reading them.

    http://www.huffingtonpost.com/2011/11/11/right-to-rent-foreclosure-crisis-banks_n_1087940.html

    Like

  36. anonymous – this might be right up your alley. I couldn’t for the longest time reconcile something. How does a debt collector who buys a 100.00 note for 20.00 have a 100.00 interest in that note when if in another instance one only pays 20.00 for a 100.00 note, one only has a 20.00 interest in the note?
    The difference must be that the debt collector has paid the full amt he has agreed to pay (20.00), whereas if an assignee, say, agrees to pay 100.00, but has only paid 20.00 of that, the assignee only has a 20.00 interest in the 100.00 note. This assignee has agreed to pay the face amt (100.00), and still owes 80.00. Until his promise to pay is met, he is limited in his interest in the note to the amt he has actually paid. Anyone up on this?

    Like

  37. Looooong posts. The crux of it is:

    Stop paying mortgages and let the chips fall where they ought ot.
    Stop using banks. Flog to credit unions only to the extent that they are exactly that: Credit (they take your money to lend it) and Unions (creditors belong and have their say).

    Simple. It resolves everything.

    Like

  38. I didn’t mean to imply that the big dogs only sold loans to fnma / fhlmc.
    What I meant was they aggregated closed loans and then re-sold them in bundles, as opposed to selling “spot” loans. If I remember correctly, that refers to one loan, which was not how loans were sold, not one at a time, to fnma / fhlmc or private investors, like RFC. RFC used to buy jumbo loans, lots of them. If one’s loan amt exceeded fnma / fhlmc’s
    loan limits in the year it was originated (these can be found online with a little hunting), it did not go thru them on its alleged way to a trust. (Every once in a while, an investor like fnma or rfc would take a ‘spot’ loan to fill a pool. In fact, if a bundle were short, a favorite correspondent or broker would get a phone call offering a good deal for a loan which fit certain parameters.)
    There’s something else which bugs me. The price of money, and thus
    “par” for a 15 or 30 year loan, changes in a NY minute. It fluctuates even throughout the day. Makes me wonder if the note were actually paid for by any alleged assignees on its way to the ‘end user’, the trust. As I recall, as far as the UCC goes, a promise to pay doesn’t cut it. If that’s true, and the notes weren’t actually paid for along the way by the various alleged endorsee’s , the banksters have real trouble in River City and everywhere else in this country: never minding the failure to obtain all the necessary endorsements, those notes were not at all transferred.

    Like

  39. sorry – my email is “compromised” just now. Phisher? got me.
    So we have 1) correspondent or broker, 2) WF or B of A, like that
    3) FNMA, FHLMC. In the cases of loans originated by their (wf, et al) own retail outlets, obviously # 1 is eliminated. Did fnma / fhlmc create trusts for their loans? I don’t know. Did they sell to another aggregator, like the depositor? Again I don’t know. If I did, I forget. Who cares? Well, I remember reading that any charge (tila, respa claims) one may bring against the originator, one may bring against an assignee of a loan. No, I can’t find this is the gazillion cases I have, but it reads because otherwise the law is no more than words on paper: just sell the loan and the borrower has no recourse, especially when the party named on the note is toast.
    Well, he would have some, but it would stink, long and short of it. Whether or not one may in fact hold an assignee accountable is a very important item which needs clarification and the clarification would be found in the code 16xx’s, right? And don’t forget, the yeahoo’s now claiming exemption as mere servicers are pretty much the same gang who underwrote the loans and approved all the loan docs, including the Truth in Lending Reg Z, the good faith estimate, and other disclosures. As I said, cracks me up when they feign non-participation in origination of these loans. They participated all right, facts they are withholding from homeowners and courts alike.

    Like

  40. @anonymous – I think we agree re: tila/respa claims. I’m still not sure who the heck owns the notes which went thru FNMA or anyone en route to alleged sec’n. this I do know:
    ABC correspondent or broker originated a file which was often
    table-funded by another party, but not by FNMA. FNMA only bought “whole loans” (funded, disbursed, closed) to the best of my knowledge.
    ABC correspondent or broker originated loans which were underwritten by and on the program guidelines (don’t gag) of the WF’s, B of A’s, CW’s of the nation. Often, WF, b of a, cw table-funded. WF, B of A, CW, et al aggregated loans and then sold them in bundles – generally if not always- to FNMA / fhlmc.

    Like

  41. johngault

    Correct — quote — “the bankster has conceded
    MERS may NOT assign a note…” PSA and Prospectus — clearly do NOT give MERS the authority to assign. Know PSA and Prospectus are bogus — but use them when you need to.

    Further, as for TILA/RESPA federal law violations — Freddie/Fannie are not the lender/mortgagee —- They are the “investor” as to purchase of the loan/mortgage. — and, therefore, the creditor. But, they did not lend any money directly to borrowers — thus, they are not the lender or mortgagee — which MUST be named for TILA/RESPA violations. NEITHER MERS NOR FREDDIE/FANNIE — EVER lent any money directly to borrowers.

    Since Freddie/Fannie — and not Freddie/Fannie mortgage-backed security investors — are the current creditor/investor — the numerous Freddie/Fannie MBS security investors cannot foreclose — and they are NOT —— this MUST be the same principal applied to bank-owned loans. And, why the trust/trustee — has nothing to do with the foreclosure.

    Nevertheless, if you are going to allege TILA/RESPA violations — you NEED to name the lender/mortgagee — not Freddie/Fannie — the “investor” , Neither is MERS the lender — neither is MERS the investor or creditor – for that matter since they never purchased anything. .

    If you are currently paying —- and allege TILA/RESPA violations — MERS and Freddie/Fannie — would be tossed out by any court in an instant as to the identified lender/mortgagee. And, so should they be in foreclosure actions.

    I know this —- I am NOT in foreclosure.

    Like

  42. In Anderson, an ongoing case in NV BK court, the bankster has conceded
    MERS may NOT assign a note, altho most if not all the self-assignments
    of the deeds of trust by its members purport to assign the note as well
    as the deed of trust.
    Just as these assignments alleging to “assign” the notes are bogus, so
    was the schematic used to take thousands of homes without recording
    assignments. PHH, the alleged servicer in the Anderson case, claims as
    did another servicer in another recent case, that the attempt to assign
    the note in the dot assignment is harmless and mere “surplasage”. Uh, no,
    it’s called recording a False Instrument and ranges from a misdemeanor
    to a felony. Despite any protestations, those assignments including
    assignments of the notes were done for RELIANCE on the alleged assignment
    of the note.
    PHH claims that including the note in an assignment is merely poor crafting
    of the instrument (the assignment). ReaLLY? is that a joke? How thick does
    that gang think we are?
    No, it isn’t “poor crafting”. It’s willfully errant and willfully misleading,
    and imo criminal.
    The MERS-crafted deed of trust itself is what is poorly-crafted and appears
    to have been formulated by some eejits sorely lacking in the background necessary
    for the task. Of course, it was designed to avoid the liability of agency,
    which avoidance was later dropped in favor of outrageously claiming a
    non-existant agency.

    So, in addition to MERS’ own membership contract, the note and dot themselves,
    and MERS’ Appeal Brief in Nebraska Dept of Business and Finance
    v. MERS, we can add this admission made in Anderson.
    Here is a link to the document:

    We’ve all got it now that these assignments are self-assignments by MERS’
    members, right? And isn’t that “odd” given that MERS’ membership rules only
    allow its members to execute assignments in its name (very tweaked) in the
    firt place when the beneficia’l interest in the dot is going to a non-MERS
    member. In other words, MERS contract does NOT provide for member-to-member
    assignments of deeds of trust.

    Like

  43. purely and utterly criminal RICO violation plus, we are a republic with the rule of law and if this is allowed to stand then we are doomed

    Like

  44. E.Tolle: Tee-hee. Can we also add “and throw taxpayers under the bus.” (accompanied by snarky ‘Precious Pupp’ laugh).

    Like

  45. I am ready for the bloodbath,bring it on.

    Like

  46. @leapfrog, I think that line should actually read:

    “….are necessary if the firms are to attract and keep talent required to run operations effectively into the ground.

    Like

  47. Sal: Interesting. Good detective work on your part!

    Like

  48. “Lawmakers in both chambers and in both parties have expressed shock at revelations the firms, which have been already propped up with about $169 billion in taxpayer aid, were paying out $12.79 million in bonuses for 10 executives.

    House Financial Services Committee Chairman Spencer Bachus, an Alabama Republican, said his committee would meet on November 15 to vote on a bill to suspend compensation packages for executives at the two companies.

    Under the House bill, which was approved by a subcommittee on a bipartisan vote in April, other employees at Fannie Mae and Freddie Mac would have their salaries tied to government pay scales.

    Meanwhile, a bipartisan group of senators said they will file a similar measure in their chamber this week.

    Republican Senator John McCain of Arizona and Democratic Senator Jay Rockefeller of West Virginia plan to introduce an amendment backed by seven of their colleagues that prohibits top employees at the firms from receiving lucrative bonuses as long as the companies remain in conservatorship.

    “It’s outrageous that Fannie Mae and Freddie Mac executives would expect multimillion-dollar bonuses after $170 billion in taxpayer bailouts and one in every four homeowners’ mortgage underwater,” McCain said in a statement.”

    http://www.reuters.com/article/2011/11/09/us-usa-housing-bonuses-idUSTRE7A86R020111109

    At least they are going to block this (or so they say?) Funny how “Bankster Bacchus” is “galvanized” into action against these quasi-government agencies, but remains supportive of the same type of crony crooks on Wall Street.

    Like

  49. Aren’t they trying to make Fannie private?
    Wouldn’t this be a first step, before making it private, the very people behind MERs would set it up to accept MERS recordings?

    Then sell it to the private investors for MERs?

    The only difference they’ve been handing Special Warranty Deeds to Fannie Mae, knowing there is a defective title on all that Fannie Mae holds.

    How do you clear title by getting Fannie to recognize MERs records? How can MERS create a Chain of Title from the first bank to Fannie Mae? Once a chain of title is available, then they can commence foreclosing on homes of people who haven’t paid?

    There was an article that it would take 57 years to foreclose on everyone? That article is beginning to show some purpose for being written.
    usatoday.com/money/economy/housing/story/2011-11-07/foreclosure-pipeline/51126600/1

    Trespass Unwanted, life, corporeal, jure divino, free, allodial, state

    Like

  50. This document has been on their website since probably when it was created on 03/24/2004 and modified on 05/23/2005. I have a copy that I downloaded a few years back and nothing has changed between the two documents. The created and modified dates are also the same.

    Sal

    Like

  51. They ain’t smiling too much, though… They’re about to get that half-smile wiped off their faces, aren’t they? 1% is really, really small, compared to 99% and in the 99%, there are not only us, homeowners, but also all the investors… The boomers in their way to retirement, the following generation, all those people who have nothing left but SS.

    Like

  52. “Federal Housing Finance Agency’s acting director Edward DeMarco said in a November 10 letter to U.S. lawmakers the salaries and deferred compensation awarded to executives are necessary if the firms are to attract and keep talent required to run operations effectively.”

    http://www.huffingtonpost.com/2011/11/10/edward-demarco-fannie-freddie-bonuses_n_1086693.html

    Talent? Running operations effectively? You have GOT to be kidding me…

    Bonuses for incompetence? If you or I ran a company off a cliff, we’d be FIRED and there sure as hell would be no bonus!

    Like

  53. They knew.

    ” We at Freddie Mac are neither smiling nor frowning; we’re working hard to find ways to help lenders sustain and even grow their business in the near and medium term. Our focus is on improving the ability of lenders and the secondary market to originate and sell more mortgages, especially adjustable-rate mortgages (ARMs). ”

    “ARM lenders are going to win big in the months ahead.”

    “The industry received widespread criticism in the 1980s for qualifying home-hungry borrowers at low introductory rates, only for consumers to be “shocked” when payments adjusted, sometimes by large amounts.”

    “Some Freddie Mac ARM products allow a lender to accept alternative stated income, a feature we think could be effective in attracting and maintaining a lender’s self-employed borrower customer base. With no verification of income amount, the time savings of alternative stated income combined with the financing advantages of an ARM could prove to be a big win for these borrowers.” ….or get ripped off and lose your home.

    http://findarticles.com/p/articles/mi_hb5246/is_8_64/ai_n29092221/?tag=content;col1

    Like

  54. INFORMATION FOR ANYONE WHO NEEDS IT:

    “Deutsche — if ANYTHING is a “trustee” to the trust — by which derivative contracts have removed collection rights. Deutsche is NOTHING — certainly NOT the creditor. And, derivative contract holders are NOT part of the so-called securities trust — derivatives are a contract — not a security…”

    “Deutsche is the trustee to the trust —-and the trust according to the TILA Amendment and Fed Reserve Opinion — is not the creditor. Have them respond to 15 USC 1601 (g) and Federal Reserve Opinion — 12 CFR Part 226 — refer to Section by Section Analysis. The definition of “creditor” has been replaced by the TILA Amendment and Fed Res. Opinion (now RULE to the law). Ask how are they cooperating with the new law? Fed Res Opinion has been codified as RULE to the law. Read the Section by Section Analysis — very carefully. You must read this stuff — to fight — very difficult as it is complicated. Go through it — carefully. Cite the law — in your letter to them…above cites here.

    Then, require all documents including Mortgage Loan Purchase Agreement and Mortgage Schedule to confirm that your loan even went into any Trust – to begin with. Request all information as to how any foreclosure proceedings will be reported to the Internal Revenue Service. Request all documentation that all payments have been advanced to the trust — for which Deutsche claims to be the trustee.

    If they do not cooperate — you will pursue in BK — to force the identification of the current creditor. Right now, INFORM that they are in violation of federal law —- the TILA Amendment — and as codified by the Federal Reserve Opinion — as to the identification and contact information of the current creditor. DO IN WRITING. Request from them where you send the correspondence. IN WRITING.

    These guys — will endlessly — argue with you — that is their business to do so. DO NOT BUY IT — and come back — with the law. State — that they are in violation of federal law — quote (above) —– get it in writing to them. DO NOT — rely on phone conversations.”

    AND, OF COURSE—TARP INSPECTOR GENERAL, footnote 35:

    “Without the note, a mortgage is unenforceable, while without the mortgage, a note is simply an unsecured debt obligation, no different from credit card debt.”

    Like

  55. I was thinking that, in order for MERS to have members, two things need to exist: Mers and… members. Schneiderman and Biden are looking into MERS, which is a good thing, although we don’t know how long that looking into will take and what the ultimate result will be.

    That November 5th Leave the Big Banks day gave some result. Well, what if we suppress the members? Then, that membership thing can’t survive, can it now? So, stop paying mortgages all at once and flock the credit unions for your day-to-day operations. Granted, investors might lose a few feathers in the shuffle but, let’s face it, investors are spe-cu-la-tors who wanted more, more, more. A 401K or pension plan with a solid and steady interest 2 or 3% rate wasn’t enough. They decided to take risks. They didn’t complain when their risks taking scored them some big profits. Why should they complain now that they are losing? Either outcome was something they new about and assumed. At some point, we’ll need to decide if we want to keep the status quo or revolutionize the system. Can’t be done while the same players stay put…

    Like

  56. The Title of this article says it all:

    “SELLOUT TO MERS MEMBERS”

    MERS is in fact a “members only” CLUB, just like a memebrship to a golf course or country club.

    They separate the note and deed, do not pay taxes to the townships and cities and their proprietary information is not available to the general public. There is also confusion about the “trustee” status, which does not give them legal authority to grant assignments and subsequent foreclosures. MERS is a scam and should be abolished accordingly. This cover up has got to stop. Is anyone really going to do anything about the real estate market and the theft of TRILLIONS?

    Like

  57. I have no doubt that due to the inherent greed of Wall Street and all of its players, and their suck the marrow dry mentality, that this won’t/can’t end well.

    As the nightmare expands to include more and more average citizens simply trying to clothe and feed their families but coming up short, the peaceful demonstrations that are currently OWS will be replaced with Bludgeon Wall Street, or some other acronym befitting a more serious response to the severe affronts we’re witnessing.

    Historically speaking, the let them eat cake attitude and its abusive nature didn’t work out very well for the 1%. It won’t this time either. It’s too bad. They were making good money at a viable business before they went all Gollum on us. Screw them one and all. I’ll gladly help build the guillotines.

    Like

  58. Just a bit of FYI that coincides with the keywords on this post: my loan servicer who was reported by me to Obama, who instructed the US Dept of the Treasury to tell MHA and HAMP to investigate the loan servicer for fraudulent inducement into a “false” default so they could foreclose, recently sent me a letter stating that “due to the securitization of my loan account, the TRUST was not a HAMP registered agency, therefore, you were not entitled to a HAMP loan mod when you applied for one in 2000.” Gee, isn’t that sweet of them to let me know now… 3 years after the loan mod, which the failed loan mod was also a full 2 years after the supposed securitization? Thanks MHA, HAMP & MERS!

    Like

  59. Do they really think we are all going to sit idly by whilst they continue to rob, rape and pillage our country? Do they honestly think that we are all still asleep and not paying attention. Apparently they have no idea the scope, width and breadth of your column Neil, nor the amount of followers that are devoted to the TRUE laws of this land. No sir, this will
    NOT STAND.

    Like

  60. If they really go forward with it, it will bring us one step closer to the bloodiest uprising this country has ever seen…

    Like

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