How to beat them almost step by step. A must read.
Part One excerpt
"Countrywide's lawsuit was filed in the name of Countrywide as loan servicer, and MERS as mortgagee. I thought it strange that some unknown entity (MERS) was in a fight with me. I started doing research. This is what I found (explained in layman's terms). Countrywide had sold the note to a trust that had been set up by the gurus on Wall St. There were 16,000 notes in the trust owned by god knows how many investors. They of course could do this because for the first time in the history of world finance, these "gurus" had separated the mortgage (collateral) from the note. MERS holds my mortgage which is recorded per law at my county court house. They don't and will never be my, or your, note holder. This separation of the note and mortgage gives Wall St. the ability to "transfer/sell" my note at a click of a mouse thus circumventing the age old process of recording the transfer in my county court house. This slight of the hand is the fraud that created the entire secondary mortgage market and eventually the trouble we are in today. Countrywide is my loan servicer...which means they are nothing but a bookkeeper and collection agency. The holder of my note was yet to be determined."
Part Two excerpt
"Now to the complaint itself. Who is listed as the "Plantiff"? If it is a mortgage company or bank "as servicer",and/or Mortgage Electronic Registration Service, Inc. (commonly know as MERS), this is an illegal foreclosure. The reason as laid out in my prior diary is that by law only a "noteholder" can foreclose. In legal terms, only the noteholder has standing (which means the legal right) in which to foreclose. And what is a noteholder? It is exactly that...an entity that is in possession of the original note...thus, the "noteholder". There is no gray area here. It is about as black or white as you can get. It doesn't matter how far behind you are, or how much you owe. It is black letter law that the plantiff must have standing in which to sue.
If they have illegally foreclosed on your house, before you storm the bank with a torch and pitchfork (plenty of time for that), you must take them through the legal process. They are going to wish you had showed up with the pitchfork by the time you are done with them."