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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James
Is this the way it usually goes when a lender has two loans on the property involving MERS? I thought the second mortgage would be dealt with later.

If MERS is sued along with the homeowner, and a lawyer suddenly appears in the case representing MERS, who would have initiated the legal representation since MERS is an electronic system?

It seems to be a conflict of interest at the least for MERS to be a defendant who assigns the mortgage via the plaintiff's law firm who acts as MERS' officer so the plaintiff can sue MERS.

I am lost. Can anybody keep all of this straight? 
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William A. Roper, Jr.
Welcome to the never-never land of MERS, James!

I will endeavor to field this question tomorrow.  In the interim, see if you can track down the decisions of Judge Walt Logan (Pinellas County) and Judge Jon I. Gordon (Miami-Dade County) in the decisions which preceded the Azize and Revordo appeals.

You might find these in the Legal Lounge.  If they are not already there, I should probably find and post these at Scribd.

The Florida Courts were very concerned about conflict of interest, but the servicers pretty much settled with MOST of the defendants in the most awkward and treacherous of the cases and then litigated the remaining few cases on appeal against poorly represented or unrepresented borrowers based upon false facts in the record.

The conflict didn't therefore factor into the Azize or Revordo decisions, but you might find the reactions of Judges Logan and Gordon to be insightful. 
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James
Mr. Roper, did you post the info somewhere else that you planned to come back and post here? I have learned that sometimes threads are covered under more than one topic, and I don't want to miss what you have to say about conflict of interest. Thanks.
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Moose
James wrote:
Is this the way it usually goes when a lender has two loans on the property involving MERS? I thought the second mortgage would be dealt with later.


If there is a second mortgage on a property, that party must be brought into any foreclosure process. They will be a named party or they will be notified by one of the tracking services that a property they have an interest in is involved in a foreclosure (typically through the lis pendens data miners).

James wrote:
If MERS is sued along with the homeowner, and a lawyer suddenly appears in the case representing MERS, who would have initiated the legal representation since MERS is an electronic system?


This is again, not legal advice, but a company cannot represent itself in court - they must have a local firm appear on their behalf.

James wrote:
It seems to be a conflict of interest at the least for MERS to be a defendant who assigns the mortgage via the plaintiff's law firm who acts as MERS' officer so the plaintiff can sue MERS.

I am lost. Can anybody keep all of this straight? 


But there's some confusion here - why was MERS a defendant along with the homeowner in a foreclosure?  Who is the plaintiff?

Moose

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James
Thanks, Moose. The plaintiff is the servicer, to whom MERS assigned the first mortgage. MERS was involved in first and second mortgages.

The case commenced late last year and the defendants were the homeowners, MERS, HOA, and tenants or occupiers of the property. Recently, the second mortgage loan supposedly was transferred to the alleged investor (long after the loan was in default), who now is represented by a different attorney and claims to be the successor to MERS. The verification of debt letter identities the plaintiff attorneys as a debt collector. The same servicer, the plaintiff, serviced both loans at the time the suit commenced.



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George Burns
James

How and where etc was MERS served? That should point you to the physical entity that allegedly engaged the attorney.

Of course, that might be misleading or staged and you might have to resort to other means such as his Letter of Engagement or Retainer to find out.
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James
George, I don't know how to find out where MERS was served. Do you?

I have the name of the attorney in the entry of appearance, but nothing else.



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George Burns

The Complaint and each fiing has a Certificate of Service which lists the names and  addresses of each party involved. It usuallly is the last item or page.

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