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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When my foreclosure suit was filed in 11/30/2008, it had a lost note count filed, with no assignment of mortgage filed. 
After the attorneys at Ben Ezra & Katz realized this they dropped the lost note count on 06/25/2009 and stated, that they had found it, and that it was made out to the plaintiffs, but that even if it was blank, they would have the right to enforce it.
As I was being sued by Liquidation Properties Inc, A/K/A Citi Property Holdings, I expected it to be made out to Liquidation Properties, instead it names Mortgage Electronic Registration Systems as owner?
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Ginger
John,

Read the note closely and you will see that Mortgage Electronic Registration System, Inc, (MERS) is a nominee for the original lender. The original note might be indorsed in blank, but your copy probably would not show that indorsement--if it's the copy you were given at closing. MERS has complicated the picture in some states more than others. It is my opinion that MERS was used to help make the banksters better thieves.

After many loan closings, notes were indorsed in blank to facilitate quick transfers to multiple entities.

Here are links to threads on this site that you might want to read:


"Foreclosure and the UCC"
http://ssgoldstar.websitetoolbox.com/post?id=4998881

"Assignment of note"
http://ssgoldstar.websitetoolbox.com/post?id=5014665

What does "in blank" mean?
http://ssgoldstar.websitetoolbox.com/post?id=5019820

"Recording date vs. notarized date: Which one determines assignment date?"
http://ssgoldstar.websitetoolbox.com/post?id=5036088

"Lost Note Found"
http://ssgoldstar.websitetoolbox.com/post?id=4681145

"MERS & Allonge Help Explain"
http://ssgoldstar.websitetoolbox.com/post?id=4899979


You might also want to search this site for the name William Roper Jr. He hasn't posted for a while, but his previous posts are extremely helpful. And his posts also drew other "cream of the crop" posters into the threads.

You can find a lot of bunk on the Internet, and some of it turned up here. But, for the most part, you can get accurate information at MSFraud.

Don't forget to go to the home page of this site and search the Legal Lounge. It can keep you busy for many hours, and it will be worth your time. Keep in mind that some of the threads here are quite old. Positive changes have been showing up in some courts.
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Bill
John Anderson wrote:
When my foreclosure suit was filed in 11/30/2008, it had a lost note count filed, with no assignment of mortgage filed. 
After the attorneys at Ben Ezra & Katz realized this they dropped the lost note count on 06/25/2009 and stated, that they had found it, and that it was made out to the plaintiffs, but that even if it was blank, they would have the right to enforce it.
As I was being sued by Liquidation Properties Inc, A/K/A Citi Property Holdings, I expected it to be made out to Liquidation Properties, instead it names Mortgage Electronic Registration Systems as owner?

I'm not an attorney and this isn't legal advice...

It appears you may have some confusion about what documents you are referencing in your post.  It seems you are confusing the note and the mortgage.

While it is possible they exist, I have never seen a note where MERS was the lender.  The lender is the owner of the note.  MERS is a system that is used to track the MORTGAGE not the note.  MERS NEVER lends money for the purchase of a home to a homeowner. 

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and stated, that they had found it, and that it was made out to the plaintiffs, but that even if it was blank, they would have the right to enforce it.


You should already know who the note was made out to, it is the bank that lent you the money.  You should have been provided a copy of the note at closing.  I have NEVER seen a note to purchase a home executed that was left blank.

It is very important to understand the facts as they apply to your case.  Confusion on your part in regards to the note and mortgage will HURT your case or any chance you have to defend against foreclosure.   You should look for an attorney that can help you understand how these facts effect your case and understand the Plaintiff's claims.
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Ginger
John, I apologize for my blunder. I do know the difference in the note and mortgage, but I goofed. I was thinking mortgage but typed note. Reference to MERS would be found in the mortgage.
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Bill, I know the difference between the note and assignment of mortgage. 
I am referring to the note. It is not in blank, It is made out to Mortgage Electronic Registration Systems via a stamp in the place reserved for such,
I was really just wanted to look at the signatures, to see if it looked like a copy, I thought that it would show, Liquidation Properties Inc, as they are the entity suing me. I am going back Monday to get a copy of the page and take a closeup photo of the signatures.
But in everything I have read about MERS says they cannot be listed as owner of the note.
The original lender of record Quick Loan Funding Inc was suspended as there Agent for process resigned Jan 2008, and Lender Law License was revoked in 05/2008 long before the suit was filed in their name.
I did obtain a MERS Milestone report on my mortgage. I have had 7 different servicers, and three different Investors and it just kept changing all through my case that started on 11/30/2008.
The two servicers, that I made the majority of my payments to  Quantum and Regions Mortgage, do not show in the report.
If anyone would like to view my case, contact me at jandersonpaper@yahoo.com and I will send a link to my dropbox account where you can see all the paperwork filed, and the evidence. I appreciate everybody's help.
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John,
      What you are describing on the Note is called a "special endorsement",
regardless of whether it is "specially" endorsed to MERS or any other entity.
      What you have in your case is investor A suing on a Note that has been
endorsed to B. This means investor A had no standing to file the case in the
first place so a simple Motion to Dismiss based on lack of standing should
suffice.
       I worked on a case recently where Marathon was foreclosing but the
Note was "specially endorsed" to Option 1. We pointed this out to the judge
and he cancelled the sale and reopened the whole case. He set a hearing
on the Motion to dismiss, but it got cancelled because the plaintiff never
showed up even though my student did. So much for an even playing field!
      Now Marathon assigned the Judgment to Kondaur and tricked a different
Judge into permitting a substitution of parties and attorneys, and rescheduled the sale! As a result, we must now file an Amended Emergency Motion to Vacate the Default judgment and Cancel the sale.
       It is difficult for me to understand how any judge worth his salt could
enter a default judgment against a defendant when the endorsement on the
very Note presented by the plaintiff shows that the plaintiff does not own
the Note! So go figure.
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Ginger
John, I apologize for assuming you were talking about the mortgage, not the note. It is common for homeowners to confuse the note and mortgage, but clearly, you didn't confuse the two. I will read closer next time.

This is the first time I've heard that a note was actually indorsed to MERS, but I'm fairly new in finding out many elements of the fraud. I'm sure more notes are out there like yours. Sad to say, some of them probably went uncontested.

Here is an appellant brief that might be extremely helpful to defend your property title:

http://www.msfraud.org/law/lounge/MERS%20v.%20Neb%20Banking.htm

This is a link to the decision on Google Scholar, which I think is a bit easier to read on screen:
http://scholar.google.com/scholar_case?case=2152232271081837686


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Bill

Mike H wrote:
John,
      What you are describing on the Note is called a "special endorsement",
regardless of whether it is "specially" endorsed to MERS or any other entity.
      What you have in your case is investor A suing on a Note that has been
endorsed to B. This means investor A had no standing to file the case in the
first place so a simple Motion to Dismiss based on lack of standing should
suffice.
       I worked on a case recently where Marathon was foreclosing but the
Note was "specially endorsed" to Option 1. We pointed this out to the judge
and he cancelled the sale and reopened the whole case. He set a hearing
on the Motion to dismiss, but it got cancelled because the plaintiff never
showed up even though my student did. So much for an even playing field!
      Now Marathon assigned the Judgment to Kondaur and tricked a different
Judge into permitting a substitution of parties and attorneys, and rescheduled the sale! As a result, we must now file an Amended Emergency Motion to Vacate the Default judgment and Cancel the sale.
       It is difficult for me to understand how any judge worth his salt could
enter a default judgment against a defendant when the endorsement on the
very Note presented by the plaintiff shows that the plaintiff does not own
the Note! So go figure.


Mike H is a scam artist preying on homeowners.  Do not subscribe to his wing-nut theories or pay him any money for his alleged services. 

Mike, why don't you post the information on this case or any other case so we can read it?  It is public record. 

What's your excuse this time? 
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Bill

We're still all waiting for you to post the cases from your "Death-Gamble" theory that was so successful for so many people.

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Bill,
   In due time I will post such cases with the permission of the student involved but at this time it can not be done because it might harm the
interests of my students because even a first dismissal permits a refiling
of the case.
   Personally, I believe you are an "agent provocateur" with some kind of
ulterior motive which is unclear at this time. You could be working for the
servicers or else you are running some kind of "sting" operation.
   You really should pick up a copy of the Bible, read Genesis and then read
the Ten Commandments with a particular focus on the one that says," Thou
shalt not bear false witness." In calling me names which are not true and which you can not prove, you are guilty of violating this Statute of the
Creator, thus you are a sinner. Repent of your sins, stop sinning against your
brothers and sisters and the Holy Spirit will open your eyes to the Truth.
   Also, the wages of sin is death, so when you defame people, you are
involved in a DEATH GAMBLE WITH THE CREATOR! Enough said.
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cww
What about cases that are not yours . Past cases that are related to the situation , that would be used in fighting your cases .
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Angelo
This guys is another Jim Jones, if his posts don't tell you he doesn't have a clue, nothing will.
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Angelo
This guys is another Jim Jones, if his posts don't tell you he doesn't have a clue, nothing will.
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Bill

Mike H wrote:
Bill,
   In due time I will post such cases with the permission of the student involved but at this time it can not be done because it might harm the
interests of my students because even a first dismissal permits a refiling
of the case.
   Personally, I believe you are an "agent provocateur" with some kind of
ulterior motive which is unclear at this time. You could be working for the
servicers or else you are running some kind of "sting" operation.
   You really should pick up a copy of the Bible, read Genesis and then read
the Ten Commandments with a particular focus on the one that says," Thou
shalt not bear false witness." In calling me names which are not true and which you can not prove, you are guilty of violating this Statute of the
Creator, thus you are a sinner. Repent of your sins, stop sinning against your
brothers and sisters and the Holy Spirit will open your eyes to the Truth.
   Also, the wages of sin is death, so when you defame people, you are
involved in a DEATH GAMBLE WITH THE CREATOR! Enough said.


With everything filed being public record, how is this harming your "victims" in any way? 

Why do you think I work possibly for a servicer or I'm running some kind of sting? 

You are posting complete trash to people trying to save their homes and I'm asking you to support what you are claiming.  What is so sinister about that? 

I think it is very clear that your agenda has very dark sinister undertones.  You constantly post things like the "Death-Gamble" and refuse to offer any kind of support to your claims except take my word for it.  For the less educated, unsophisticated, homeowners that don't know any better, this argument will result in a quick loss of their home.  I don't have to prove you are wrong, your argument is not supported by ANY cases or ANY statutes in ANY state.  You need to prove you are right.  But of course all the regular participants to this forum know you can't and never will. 

GO AWAY SCAMMER


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CCW,
    If you look along the left column of the blog, you will see some are in
blue and others in black. The blue indicates I can be contacted personally
by e mail. The ones in black can not be contacted.
    You will notice my detractors all have 'black" so they can't be directly
contacted. That should tell you something about their integrity. They are
plants and agent provacateurs otherwise they would allow you to contact
them.
     Contact me directly and I'll communicate with you directly and privately.
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Bill
Mike H wrote:
CCW,
    If you look along the left column of the blog, you will see some are in
blue and others in black. The blue indicates I can be contacted personally
by e mail. The ones in black can not be contacted.
    You will notice my detractors all have 'black" so they can't be directly contacted. That should tell you something about their integrity. They are plants and agent provacateurs otherwise they would allow you to contact them.
     Contact me directly and I'll communicate with you directly and privately.


Funny how CCW is in black alsoGuess he's a plant along with 75% of the forum.  Your the only one that isn't working for the Banks Mike H.  OR it could be that the rest of the people that post here are not engaging in the unauthorized practice of law and soliciting to people that post here.  I can be contacted, I just don't solicit the contact.  I have made many posts with my email address and what state I'm in.  I contact VERY FEW people off-line.  Usually the only reason I would contact someone off-line would be if there would be a need to e-mail a document that may help them out.  The whole point of the forum is to post suggestions and ideas openly for the benefit everyone.  But people like Mike H CAN'T post useful information on-line because there would be no benefit to HIM.  He can't make money off posts in an open forum. 

How much do you charge your "Students" Mike?

As always, we are waiting for all the cases that you have used your Quiet Title, Death-Gamble, and all the wing-nut theories you claim your "Students" use to win, even though you are not a lawyer.  I'm always especially interested in how all the cutting edge attorneys don't know anything about these theories your "Students" use, but they are working every day.   Maybe one day you will share your "Secret" knowledge that none of the Judges, Attorneys, Paralegals, Legal Researchers, or even Plaintiffs know about.  

Rather than compromise your "Students" cases, even though it is public record for anyone to read, why don't you just black out personal information and post a few pleadings Mike?




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