Quote: Clayton Bigsby said:
Guys give it up. Every court in the country (literally hundreds), the two uninformed courts herein mentioned notwithstanding, have upheld MERS's very reasonable and limited role in assigning mortgages as an agent of the member-lenders. The UCC also puts to bed any of these frivolous and dilatory arguments. Negotiation of the note assigns the mortgage by operation of law. Therefore any mers assignment has no independant legal effect.
MERS is indistinguishable from the National Securities Clearing Corporation. Talk about frivolous defense. My 401k suffers because these deadbeats delay foreclosure into perpetuity on straw argument. Tell your clients to pay their bills or if they can't afford to do so, relinquish the property so the world economy can get going again. U ain't helping anyone.
It is unclear to me whether you are merely an uninformed blowhard or whether you are fully aware of the falseness of the information you post.
There have to date been a very wide range of decisions relating to MERS nationally. These are now almost universally going AGAINST MERS.
This is true DESPITE the fact that MERS litigates using expensive silk stocking law firms and the defendant/borrowers are very often litigating pro se.
Where MERS has WON, it has been almost universally against a pro se litigant who is ill informed and has framed the arguments poorly or where the pro se litigant has failed to get critical information into the record as evidence.
When the borrower is well represented and the arguments are well presented, MERS LOSES.
MERS is a criminal enterprise. It has facilitated the forgery of millions of assignments. Its days are numbered.
Here are a sampling of some of the cases MERS has LOST:
Landmark Nat'l Bank v. Kesler, No. 98,489, SUPREME COURT OF KANSAS, 289 Kan. 528; 216 P.3d 158; 2009 Kan. LEXIS 834, August 28, 2009, Opinion Filed.
Mortgage Elec. Registration Sys. v. Saunders, Cum-09-640, SUPREME JUDICIAL COURT OF MAINE, 2010 ME 79; 2010 Me. LEXIS 83, June 15, 2010, Argued, August 12, 2010, Decided.
Mortgage Elec. Registration Sys. v. Southwest Homes of Ark., No. 08-1299, SUPREME COURT OF ARKANSAS, 2009 Ark. 152; 301 S.W.3d 1; 2009 Ark. LEXIS 121, March 19, 2009, Opinion Delivered, THE LEXIS PAGINATION OF THIS DOCUMENT IS SUBJECT TO CHANGE PENDING RELEASE OF THE FINAL PUBLISHED VERSION., Rehearing denied by Mortgage Elec. Registration Sys. v. Southwest Homes of Ark., Inc., 2009 Ark. LEXIS 458 (Ark., Apr. 23, 2009).
BAC Home Loans Servicing, L.P. v. White, Case No. 108,736, COURT OF CIVIL APPEALS OF OKLAHOMA, DIVISION ONE, 2010 Okla. Civ. App. LEXIS 132, December 3, 2010, Filed, This Opinion has been Released for Publication by Order of the Court of Civil Appeals.
There are many, many more! MERS loses in a variety of ways and on a variety of issues. The issue you cite, as to MERS' authority to execute assignments has hardly been litigated AT ALL and where it has been, it has mostly been litigated WITHOUT the rich body of evidence associated with tens of thousands of blatantly fraudulent assignments for which no court any place in teh country could possibly rule in MERS' favor.
It seems rather clear that either you are very poorly informed OR you are simply a blowhard with an agenda who seeks to spread FALSE INFORMATION. Beware! People can actually be HELD ACCOUNTABLE for knowingly making false statements if the purpose is to deceive and artificially prop up stock prices or otherwise to engage in conduct which might defraud others.
If you are simply poorly informed, stick around and we can help you realize the errors in your thinking and analysis!
And by the way, your 401K suffers because of the FRAUDS perpetrated upon the public and the markets by MERS and the U.S. banking industry!