Mortgage Servicing Fraud
occurs post loan origination when mortgage servicers use false statements and book-keeping entries, fabricated assignments, forged signatures and utter counterfeit intangible Notes to take a homeowner's property and equity.
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http://www.msfraud.org/law/lounge/MERSDestroyed.pdf 

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KUDOS to the Court.  Note one of the names on the distribution list: Jeremy Bergstrom.  He is a foreclosure attorney out of Nevada who is a weekly visitor to Arizona Courts for forcible detainer actions.

These guys (MERS) have had their wings badly clipped.  It is important to note a couple of the holdings.  Most important was the Court discussion about bifurcation of the note and deed of trust.  The Court gave a reasoned explanation why a note seperated from a deed of trust is worthless and vice versa.

Great win.
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Knows About MERS
Perhaps it will be helpful to others if we mention the caption of this case and a few relevant keyswords which might be useful to those who might not otherwise notice this important decision except by discovery in a search engine or using the MERS Forum search facility:

In Re Joshua and Stephanie MITCHELL, Case 07-16226-LBR, U.S. Bankruptcy Nevada, Entered 31 Mar 2009.  Judge Linda B. Riegle.

Keywords:  Mortgage Electronic Registration Systems,Inc., MERS, MERSCORP, Bankruptcy, proof of claim, relief of stay, lift-stay, standing, bifurcation, promissory note, negotiable instrument, Mortgage, deed of trust, nominee, agent, beneficiary.
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Apparently MERS didn't like having its butt kicked in Nevada.  They appealed virtually all of the rulings.

2:09-cv-00661-KJD-LRLMortgage Electronic Registration Systems, Inc. v. Chongfiled 04/14/09 422(Bankruptcy Appeal (801))
2:09-cv-00668-JCM-RJJMortgage Electronic Registration Systems, Inc. v Mitchell et alfiled 04/15/09 422(Bankruptcy Appeal (801))
2:09-cv-00669-LDG-PALMortgage Electronic Registration Systems, Inc. v. Traynor et al.,filed 04/15/09 422(Bankruptcy Appeal (801))
2:09-cv-00673-RCJ-GWFMortgage Electronic Registration Systems, Inc. v. Atkerson et al.filed 04/15/09 422(Bankruptcy Appeal (801))
2:09-cv-00676-RLH-PALMortgage Electronic Registration Systems, Inc. v Ziegler et alfiled 04/15/09 422(Bankruptcy Appeal (801))
2:09-cv-00677-JCM-LRLMortgage Electronic Registration Systems, Inc. v. Altmannfiled 04/15/09 422(Bankruptcy Appeal (801))
2:09-cv-00683-RLH-RJJMortgage Electronic Registration Systems, Inc. v. Samrafiled 04/16/09 422(Bankruptcy Appeal (801))
2:09-cv-00684-LDG-GWFMortgage Electronic Registration Systems, Inc. v. Ang et alfiled 04/16/09 422(Bankruptcy Appeal (801))
2:09-cv-00685-KJD-RJJMortgage Electronic Registration Systems, Inc. v. Cortesfiled 04/16/09 422(Bankruptcy Appeal (801))
2:09-cv-00691-JCM-LRLMortgage Electronic Registration Systems, Inc. v. Dufauchardfiled 04/17/09 422(Bankruptcy Appeal (801))

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I guess they did appeal, they could never allow those decisions to stand.  MERS entire existence could come tumbling down.  Of course that would be a good thing.

(OK, here we go - Size 2 looks to be about right.  Hey Website Toolbox, its point size, not dress size)

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Well, at least the courts got MERS attention.

Can't wait to see the outcome of this appeal.

S
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Knows About MERS
Lexis now shows the Mitchell case as:

In re Mitchell, Case No. BK-S-07-16226-LBR, Chapter 7, UNITED STATES BANKRUPTCY COURT FOR THE DISTRICT OF NEVADA, 2009 Bankr. LEXIS 876, March 31, 2009, Decided, Relief from automatic stay denied In re Mitchell, 2009 Bankr. LEXIS 866 (Bankr. D. Nev., Mar. 31, 2009).

Here is what Lexis has for an abstract:

OVERVIEW: Organization that was formed to track ownership interests in mortgage loans did not have standing to seek relief from stay that was imposed when debtors declared bankruptcy.  Conditions which governed organization's operations showed that it was not a real party in interest because it was not a beneficiary under the debtors' note or deed of trust.

CORE TERMS: nominee, beneficiary, declaration, deed of trust, holder, mortgage loans, real party in interest, beneficial, ownership interests, lender ...
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Debtor
The link to the Bankruptcy Courts' posting of this decision is:

http://www.nvb.uscourts.gov/Opinions/Riegle/07-16226%20Opinion.pdf


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MERS loses AGAIN in TEXAS

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Sara
I am so glad to hear that MERS is finally getting the smack down from the court system!!!  It's just sad that all these families had to go through the living hell and shame of being forced to file for bankruptcy first. 

S
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4 Justice Now
Sara,

I totally agree. MERS, along with the rest of criminal enterprise (servicing companies, lenders, brokers, and so many more) should be forced to disgorge themselves of every penny they have acquired. and pay punitive damages to all their victims, as well as, reimburse tax payers for every second of court time, etc they have wasted since they first initiated the biggest financial swindle in history.

R,

4J
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Sara
4J:

You forgot to add "Community Service".  We Southerners LOVE to hear it when the courts order people to do volunteer work.  It gives them a sense of reality when they have to do manual labor in prisoners garb.  You can't help but not miss them while they work, looking like real fashion icons!

And if we have nothing better to do that day, we can take our coolers and lawnchairs to sit and watch them work! 

S
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Does anyone know what happens after the MERS smackdown?

So if I'm MERS, I'm going to appeal obviously.

So if I'm the homeowner, I go into State Court and file for quiet title property free and clear?

Common sense says that the battle is far from over for the homeowner but an important first step victory has been won in keeping their homes.



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