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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srsd

I need any info that I can present to a Judge Tuesday about MERs.

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Nye Lavalle
Do a search on here. there's tons of "info" on this site and on the net. Next, you need to be FAR more specific in your need. WHAt kind of info. What for. WHAT judge in what state? Do you have a lawyer? Bankruptcy judge, state judge foreclosure or Federal judge.

Many questions and many answers, but you need to be far more specific
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Originally posted by srsd
I need any info that I can present to a Judge Tuesday about MERs.


I am a little BAFFLED why after participating in this Forum for some time you would WAIT until two days before a court appearance to begin to assemble information about MERS.

It would take me AT LEAST TWO FULL DAYS to relate to you everything that I now KNOW about MERS!

Perhaps you could be a bit more FOCUSED in sharing with us what it is that you think you NEED TO KNOW!  By the vague nature of your question, you seem to desire to SHIFT the burden of preparation to OTHERS who must GUESS YOUR NEEDS.

Why don't you draft a more meaningful post relating to the ISSUES you think you are presented with on Tuesday.  And some more specifics as to the NATURE of your legal proceedings.  Perhaps then someone might be able to help you!
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srsd

I am sorry about the vagueness and I found what I was hunting...Nye had posted about MERS and I had made a copy and couldn`t find it when I was making sure everything was organized in my papers but it was there and I just wasn`t thinking while I was looking. I think I have everything ready and will be in court tomorrow.

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O -
You should take a copy of the Boyko cases and the others. Check out the clean hands law Mr. Roper was posting about a few weeks ago.

Good Luck!


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I am sure that Nye has given you HELPFUL material regarding MERS.  But in FAILING to obtain ANY of the extensive informaton I have assembled, you have done yourself an EXTREME disservice!

Since you haven't ASKED and have never corresponded with me, I am NOT going to waste a whole lot of time.  But for the benefit of OTHERS who are actually interested, you probably need to take AT LEAST the following MINIMUM items to ANY hearing regarding MERS:
  • MERS Terms and Conditions
  • MERS Rules of Membership
  • The case Mortgage Electronic Registration Systems, Inc. v. Nebraska Department of Banking and Finance, 270 Neb. 529; 704 N.W.2d 784; 2005 Neb. LEXIS 177 (Neb. 2005).
  • A copy of the Appellant's Brief in Mortgage Electronic Registration Systems, Inc. v. Nebraska Department of Banking and Finance. 
  • A good legal brief on Judcial Estoppel, showing HOLDINGS from YOUR STATE.
  • An affidavit from a competent expert witness pertaining to the FACT of MERS' lack of ownership
HOPEFULLY, you have been conducting AGGRESSIVE DISCOVERY throughout your case.  But I expect that you probably have NOT BEEN DOING THIS, because WHEN YOU CONDUCT AGGRESSIVE DISCOVERY, MERS WILL ALWAYS DISMISS ITS SUIT AND FINE THE PLAINTIFF.  So the FACT that you are still LITIGATING against MERS, suggests that you have NOT been conducting the requisite discovery.  Now it is TOO LATE.

If you have ALL OF THE ABOVE AND you have PROPERLY PLEADED your defensive case, you are virtually CERTAIN TO WIN, even WITHOUT the discovery, because MERS NEVER HAS STANDING.  If you are MISSING one or more of these, then you are NOT YET READY!
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srsd
I have all so been copying your post also Mr. Roper.  You have provided great insight and info.  I am sorry that I have been such a scatter head latley but I have a very good reason and now I can tell everyone.....My 22 year old step-son showed up at our door last Saturday and he has been on drugs but this time he had no idea what was happening around him. Soemone just drove him to our house and dropped him out. we sent him to a drug rehab 4 months ago and he walked away......this time he has totally destroyed his brain.  He is seeing and hearing things and wandering around inside and out of he house.  I have staying up with him at night and going to college in the daytime.  We sent him back to south Ga this morning to see what can be done with him. He was a straight A student and an electronic genius and now he has destroyed himself. I have been emotionally drained because I do love him and it is like he is dead.  He has lost total touch with reality.
I am sorry if I just posted stupid things but at this point, I am so physically exhausted and mentally exhausted that I am not making sense very much either.

You wouldn`t believe how many mistakes I have had to correct just typing this post.
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srsd:

I apologize if my reply seemed overly harsh!  If you do NOT already have one or more of the items shown in the prior post, then e-mail me and let me know.  Are you represented by an attorney??  Have you done any discovery??

Ar you in a judicial or a non-judicial foreclosure proceeding and IN WHICH STATE??

Why don't you take the DETAILS OFF LINE and give us some more specifics so that we can be more helpful to you!

God bless you!
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srsd,

You know the Schmidt Family is praying for your Family.

Bob
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srsd

thank you all for your support and prayers.... I am just so deeply concerned for my step son and pray that he hasn`t done permanent damage and can get the help he needs.  I think I have all of the info I need and will let everyone know what happens tomorrow.  Please pray for my step son......At this point, I am not at all concerned about this house. We didn`t do anything wrong and I even have a letter I received 2 days after the foreclosure stating that they had made a mistake in their data processing dept and caused a lot of confusion but by that time....the house was sold to Citi by Deustche...we can replace it but we can`t replace him.

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Two of the documents cited above are currently readily available from the MERS web site ( http://www.mersinc.com ).  These specific documents are::

MERS Terms and Conditions

http://www.mersinc.org/files/filedownload.aspx?id=143&table=ProductFile

 

MERS Rules of Membership

http://www.mersinc.org/files/filedownload.aspx?id=172&table=ProductFile


Perhaps the MS Fraud Webmaster can ADD these to the MS Fraud Legal Lounge.

*

You will find that paragraph 3 of the MERS Terms and Conditions implicitly ADMITS that MERS is NOT the note owner or holder:

3.  MERS shall at all times comply with the instructions of the holder of mortgage loan promissory notes.  In the absence of contrary instructions from the note holder, MERS shall comply with instructions from the Servicer shown on the MERS® System in accordance with the Rules and Procedures of MERS.
 
Paragraph 6 is also instructive:
 
6.  MERS and the Member agree that: (i) the MERS® System is not a vehicle for creating or transferring beneficial interests in mortgage loans, (ii) transfers of servicing interests reflected on the MERS® System are subject to the consent of the beneficial owner of the mortgage loans, and (iii) membership in MERS or use of the MERS® System shall not modify or supersede any agreement between or among the Members having interests in mortgage loans registered on the MERS® System.
 
Note that this means that while changes in ownership are REGISTERED on MERS, MERS does NOT displace the state law provisions -- Uniform Commercial Code, statute of frauds and recording acts -- which govern negotiation of a negotiable instrument or assignment of a mortgage, deed or trust and/or other mortgage security instrument.
 
*
 
Read Rule 8 of the MERS Rules of Membership particularly carefully!  There are some very helpful nuggets in that Rule.
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O -
Mr. Roper sure has some good idea's. I would tell MERS, and Citi what Ameriquest has been up to and for how long, include dates and copies of any info you might have against them. Ask them questions and ask for answers to your questions.
 
 
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Standing is an Issue in a Judicial Foreclosure Setting

IT IS ESSENTIAL THAT FOLKS UNDERSTAND THAT THE ISSUE OF STANDING APPLIES IN THE INSTANCE OF JUDICIAL FORECLOSURES.  IN NON-JUDICIAL FORECLOSURE STATES, WHERE A FORECLOSURE IS BY PRIVATE POWER OF SALE PURSUANT TO A DEED OF TRUST, THE MORTGAGE INVESTOR IS NOT SEEKING TO INVOKE THE AUTHORITY AND POWER OF THE COURTS, SO STANDING IS NOT AN IMPEDIMENT.  THERE ARE OTHER POSSIBLE DEFENSES IN THESE STATES, BUT STANDING IS NOT THE CENTRAL DEFENSE.

This brings us back to Moose's ongoing admonission that it is ESSENTIAL that you get good, competent legal counsel!

Hopping on this forum the night before a Court appearance and asking for advice without even identifying your STATE and failing to include critical details of your situation and case is a prescription for disaster! 
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srsd
Mr. Roper, I don`t think you understand.....I just didn`t hop on this board overnight.....I have been on this site for nearly a year and have been collecting info and working toward this date.  I just wanted any new info that might have came out that I missed. I have been very occupied with my stepson and was afraid I might have overlooked anything new that has came up.
My stepson ended back at our house at 3:30 AM this morning.  His mom drove from south Ga to North Al and just dropped him off and we found him on the sofa this morning. He was suppose to go to a facility in Ga but his Mom doesn`t want to deal with him for even one day until the facility opens.

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srsd:

I apologize if I sound condescending.  Folks seeking assistance at this board have a variety of different levels of skill, knowledge and sopohistication.  Regular participants are all committed to helping others.

Since standing has been a regular theme, it is important to distinguish that standing is a defense ONLY in judicial foreclosure actions.

We now better appreciate your distractions and challenges.  You will be in our prayers!
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