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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William A. Roper, Jr.
On a number of occasions, we have mentioned or discussed Professor Christoper Peterson's several law journal arguments containing excellent explanation and analysis of MERS.  These are NOT new.  But in seeking to find a link to recommend to a reporter, I realized that we really do NOT have a clean discussion thread on Professor Peterson.

I thought it might be useful to have links to these excellent articles readily available for discovery (or rediscovery) through use of the MS Fraud Forum search facility:


"Two Faces: Demystifying the Mortgage Electronic Registration System's Land Title Theory", by Christopher Lewis Peterson (September 19, 2010)


"Foreclosure, Subprime Mortgage Lending, and the Mortgage Electronic Registration System", by Christopher Lewis Peterson, University of Cincinnati Law Review, Vol. 78, No. 4, 2010


"Predatory Structured Finance", by Christopher Lewis Peterson, Cardozo Law Review, Vol. 28, No. 5, 2007

If your litigation has an MERS dimension, it would be a good idea to read these articles, particularly the first two.
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Mr Peterson's testimony:

 Subprime Mortgage Market Turmoil:Examining the Role of Securitization
 –A hearing before the U.S. Senate Committee on Banking,Housing, and Urban AffairsSubcommittee on Securities, Insurance, and Investment

United States House of RepresentativesCommittee on the JudiciaryHearing on:
“Foreclosed Justice: Causes and Effects of the ForeclosureCrisis”
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Has anyone ever used an affidavit from Mr. Peterson (MERS) or Mr. Levitin (NY Securitization) in any kind of foreclosure case?  I understand that both of these gents are Law Professors, and very busy, but if they believe so strongly in these subjects why would they be opposed to taking an hour and writing an affidavit in an attempt to create some supporting caselaw? 

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Im sure both of them would not want to tarnish their records by writing and supporting an alleged "deadbeat" in a foreclosure case.  Also they have great credentials and by writing an affidavit, they wouldn't want to look like a paid expert witness for hire. IMHO
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William A. Roper, Jr.
Anyone who gives an expert affidavit in a legal case is generally subject to being deposed by the other side.  The witness cannot always control the scheduling of the deposition, which might conflict with other events.  The witness will have to appear under oath.

Getting involved in a legal case involves more than a little commitment.  Going in without fully reading and understanding the pleadings and facts may even be counterproductive.

There is also a big difference between folks who have expertise as to the law and persons with expertise as to the range and variety of foreclosure fraud.

Interestingly, in many, if not most states, experts cannot testify as to what the law says or means.  That is the ultimate legal question for judges to decide.

It is unclear to me precisely to what these experts would testify.  If the testimony involved law or legal questions, the mortgage investors should probably object and have the testimony stricken.
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William A. Roper, Jr.

I am well aware of this brief.  A brief is legal argument.  An affidavit is evidence.

A brief would always tend to be permitted on behalf of a party.  An affidavit seeking to explain or establish the law as a matter of fact can, should and probably would be properly excluded.

An attorney working for a party would usually be exempt from being deposed under the attorney-client privilege, UNLESS that attorney was identified as an expert witness.  If a witness, the attorney could probably be deposed, but could still claim some privilege.

I would think that Mr. LEVETIN, or other attorneys, when compensated, would prepare a legal brief.  Most wouldn't choose to be nor would they be useful as a witness.

An attorney might be most useful as a expert witness to explain and descibe securitizaton industry practices, rather than securitization law.  But such an attorney would need some expertise in securitization.  
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Does anyone know of any cases where Professor Peterson's articles were cited?
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The first article shown above, "Two Faces: Demystifying the Mortgage Electronic Registration System's Land Title Theory", by Christopher Lewis Peterson (September 19, 2010), 53 Wm. & Mary L. Rev. 111, 119 (2011) has been cited in these four cases (most recently on Friday):

  • BAC Home Loans Servicing, L.P. v. White, No. 108736, 2011 OK CIV APP 35; 256 P.3d 1014; 2010 Okla. Civ. App. LEXIS 154 (Okla. App. 2010)
  • Culhane v. Aurora Loan Servs., No. 11-11098-WGY, 826 F. Supp. 2d 352; 2011 U.S. Dist. LEXIS 136112 (D. Mass. November 28, 2011)
  • Deutsche Bank Natl. Trust Co. v. Pietranico, No. 10-5143, 33 Misc. 3d 528; 928 N.Y.S.2d 818; 2011 N.Y. Misc. LEXIS 3698; 2011 NY Slip Op 21261 (NY Sup. Ct. - Suffolk, July 27, 2011)
  • Staton v. BAC Home Loans Servicing, L.P., No. 6:10-cv-01306-AA, 2012 U.S. Dist. LEXIS 64878 (D. Ore. May 5, 2012)

I will look up the other articles another day.

Note:  This is based upon a LEXIS search on July 29, 2012.  There might be additional cases shown in a WestLaw search, but any additional results are unlikely to be appellate cases.

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When reading Prof. Christopher Peterson's journal articles, also bear in mind and consider reading in conjunction the article written by Nolan Robinson:

"The Case Against Allowing Mortgage Electronic Registration Systems, Inc. (MERS) to Initiate Foreclosure Proceedings"


by Nolan Robinson
Benjamin N. Cardozo School of Law

March 21, 2011

Cardozo Law Review, Vol. 32, No. 4, p. 101, 2011


See Mr. Roper's thread (crediting Texas for the find):

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