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.
The Indiana Court of Appeals has handed MERS another stunning defeat in the case CitiMortgage v. Barabas:

http://www.scribd.com/doc/55829046/CitiMortgage-v-Barabas-2011


Though the decision is not going to be overly useful to most foreclosure defendants, it follows a line of decisions, including the decision of the Arkansas Supreme Court in Mortgage Electronic Registration System, Inc. v. Southwest Homes of Arkansas, 301 S.W.3d 1, 7 (Ark. 2009), as well as the decision of the Kansas Supreme Court in Landmark Nat’l Bank v. Kesler, 216 P.3d 158, 161 (Kan. 2009).  These decisions substantially erode the MERS franchise since they show that service upon the Lender of record is ALL that is necessary in respect of a recorded MERS mortgage.  

Since MERS is at best merely the nominee or agent of the Lender, service on the principal clearly satisfies notice and due process requirements.
 
The MERS implosion continues!
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William A. Roper, Jr.
See also these previous threads:

"Decision of the Arkansas Supreme Court Eviscerates MERS Franchise in AR"

http://ssgoldstar.websitetoolbox.com/post?id=3442180


"MAJOR MERS DECISION KANSAS SUPREME COURT MERS HAS NO RIGHTS"

http://ssgoldstar.websitetoolbox.com/post?id=3671071



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William A. Roper, Jr.
Those taking an interest in this thread may also find the discussion of the MERS v. Groves case out of Texas to be of interest:

"MERS Loses Quiet Title Appeal in Texas: MERS v. Groves"

http://ssgoldstar.websitetoolbox.com/post?id=5200583

 
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Bill
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This argument requires us to look at the relationship between MERS and Irwin Mortgage, which is a matter of first impression in Indiana


While this isn't the decision that really will help litigants, it's a start.  I think even addressing that MERS is an agent for the original lender opens the door for further challenges in regards to MERS assignments of the note and mortgage.  I also like that they pulled Landmark into their decision.  Sometimes with first impressions you have to take baby steps.   
 
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the trial court also found that MERS was merely an agent or representative for Millennia..............................
 
Thus, when Irwin Mortgage filed a petition and disclaimed its interest in the foreclosure,MERS, as mere nominee and holder of nothing more than bare legal title to the mortgage,did not have an enforceable right under the mortgage separate from the interest held by Irwin Mortgage.

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Texas
For those in Texas.

Altec Properties, Inc. f/k/a Mortgage Electronic Registration Systems, Inc.

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Curious
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Altec Properties, Inc. f/k/a Mortgage Electronic Registration Systems, Inc.


Is there actually a useful case citation?  Or is this just some non-sequitor intended to waste time?
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William A. Roper, Jr.
In assessing this line of decisions, also bear in mind the decision of Justice John B. Nesbitt of the NY Supreme Court for Wayne County, in the 2010 case Matter of the Foreclosure of Tax Liens by the County of Wayne.  This is discussed within the message thread:

"MERS' Rights To Receive Notices -- NY Decision in Matter of the Foreclosure of Tax Liens by the County"

http://ssgoldstar.websitetoolbox.com/post?id=4688516


Although this is not an appellate case and probably bears little influence outside of New York, it is consistent with the opinions elsewhere that MERS has no right of separate notice.
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Curious wrote:
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Altec Properties, Inc. f/k/a Mortgage Electronic Registration Systems, Inc.


Is there actually a useful case citation?  Or is this just some non-sequitor intended to waste time?


http://dockets.justia.com/search?query=altec+properties&state=texas
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Texas
Just notice of a adoption of a name in Texas. Mortgage Electronic Registration Systems, Inc. is using the name Altec Properties, Inc. in Texas.

If you can't locate a MERS registered agent to render notice, might want to consider looking a Altec Properties, Inc.

Maybe Mr. Roper be kind enough to advise information regarding "Echelon."

Newbie, Rookie, Mole, Legitimate?

Wikipedia:

Echelon may refer to:



 
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William A. Roper, Jr.
The current correct citation for the original case which is the subject of this thread is:
Citimortgage, Inc. v. Barabas, No. 48A04-1004-CC-232, 2011 Ind. App. LEXIS 892 (Ind. App. May 17, 2011).

Although this case is specified as "for publication", I have not yet seen an indication that it has been actually published yet in the Northeastern Reporter, the usual publisher of Indiana cases.

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William A. Roper, Jr.
Texas:

The "Altec Properties, Inc." matter in Texas appears to be simply another curiosity arising out of the reckless and irresponsible management of the criminal enterprise known as Mortgage Electronic Registration Systems, Inc. (Delaware).

As you are no doubt aware, Mortgage Electronic Registration Systems, Inc., is a Delaware Corporation and wholly owned subsidiary of MERSCorp.

However, separate from, and in addition to, its operations which deprive local recording officials of recording fees, MERS also generally has unlawfully refused to register to do business as a foreign corporation in most other jurisdictions, this despite the fact that MERS is the "nominee" of records for upwards of 60 million mortgages, deeds of trust, security deeds and other mortgage security instruments in all fifty states.

MERS is registered in only a handful of states and seems to register only when someone actually notices and denies MERS' corporate capacity to sue given the lack of registration.

MERS' registration status in Texas is exemplary.

Despite the fact that MERS is shown to be the nominee for in excess of 2 million Texas deeds of trust, has hundreds of MERS officers working on a daily basis in the State of Texas, and has its national registry servers located in Plano, Texas, MERS is not registered as a foreign corporation within the state.

But failure to register has another interesting consequence.

Registration is not only the right thing to do (and required by law), but also reserves a particular corporate name, precluding others from filing registration papers under that name.

Mortgage Electronic Registration Systems, Inc. (Texas) / Altec Properties, Inc.
Since MERS had never registered its name within the State of Texas in accordance with law, some ingenious person got the idea to start a Texas domestic corporation with that name.  And on May 29, 2009, seems to have registered a new company in Texas with the precise name "Mortgage Electronic Registration Systems, Inc."  See Texas Secretary of State Document Number "259892460002".

This new Texas domestic corporation named MERS then filed two changes of registered agent/office on June 9, 2009 ("261226710003") and August 17, 2009 ("271292390003").   Then, on September 15, 2009, this firm filed an amendment to its articles of incorporation changing its name to "Altec Properties, Inc." ("274759530002").

The charter was subject to a tax forfeiture on May 13, 2011 ("368181181140").

The last corporate offices were shown to be at:
Altec Properties, Inc. 
1523 STREAMS WAY
ALLEN, TX 75002-0911

The registered agent was last shown to be:
Robert Jacobsen
101C North Greenville Ave, #750
Allen, TX 75002 USA
The Tax Identification Number for Altec Properties, Inc. was 32-039609162.

This information can be verified through the Texas Secretary of State's Office.  See:

http://www.sos.state.tx.us/corp/sosda/index.shtml


The Texas Comptroller of Public Accounts also maintains a separate web site which may be searched for Texas taxable entities:

https://ourcpa.cpa.state.tx.us/coa/Index.html


Some of the information given above can also therefore be verified by inspection of the Comptroller's pages for Altec Properties, Inc.:

https://ourcpa.cpa.state.tx.us/coa/servlet/cpa.app.coa.CoaGetTp?Pg=tpid&Search_Nm=Altec%20Properties%20&Button=search&Search_ID=32039609162

 

The mention of Altec Properties, Inc. in the two Campbell cases involving Litton Loan is, indeed a bit of a further curiosity, as well.  Without a careful inspection of the pleadings in those cases, it is unclear to me whether it was the plaintiff or the defendant which mistakenly identified Altec as the nominee under the deed of trust.

 

Clearly, filing a corporate registration creating a new Texas domestic corporation named "Mortgage Electronic Registration Systems, Inc." would not have vested any rights and interests of the Delaware company in this new entity.  But in failing to properly register, MERS clearly created an opportunity for someone to file a registration under this same name, creating at least some confusion.

 

Given the overall marginal competence of the foreclosure mill attorneys and paralegals it would be unsurprising if they found the online filings and mistakenly introduced "Altec" into some proceedings.  Most of the foreclosure mill attorneys are actually barely competent to practice law and seem only to be able to obtain default judgments against undefended borrowers.  When a real lawyer shows up and actually holds them to any evidentiary standards, these incompetent and dishonest attorneys very often wither.

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William A. Roper, Jr.
Without inspection of the underlying pleadings, it appears as though the plaintiff in two cases filed in U.S. District Court, Melissa K Campbell, has erroneously named Altec Properties, Inc. as a defendant rather than Mortgage Electronic Registration Systems, Inc. (of Delaware).

Even if the defunct Texas company also named MERS and later Altec Properties, Inc., fails to appear and answer, Ms. Campbell seems unlikely to be entitled to any judgment against Mortgage Electronic Registration Systems, Inc. (Delaware).  Since Altec has already forfeited its corporate charter, and is of unknown assets or financial wherewithall, getting a judgment against this company seems useless.

This is a rather classic case of a poorly informed person bringing an action based upon shoddy research.
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Texas
Thanks Roper

Precision, precision and absolute precision.

i.e., using the name Wells Fargo is incomplete.
Is it Wells Fargo N.A., Wells Fargo Home Mortgage, Wells Fargo as Trustee, etc

Precise names do matter.

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William A. Roper, Jr.
Texas:

In this case, the name both of the national entity and the original Texas domestic entity which was a predescessor to Altec Properties, Inc., was "Mortgage Electronic Registration Systems, Inc.".  Neither company had the state of domicile in its name.

The purpose of the formation of the Texas entity is unclear and any ascription of a purpose by me would be speculative.

It doesn't appear to be a name that someone just happened to accidentally select which coincided with another enterprise of the same name like "Joe's Pizza, Inc." might be (if your name happened to be "Joe" and you were in the pizza business). 

*

There are a variety of misnomer and misidentification cases which clarify the boundaries of the law when an incorrect person or entity is named and/or served.  Most of these employ what might be best described as good common sense and fundamental fairness.

But generally, the 14th Amendment due process minimum requires notice of a suit sufficient to apprise a person that a legal proceeding is underway and that a person's rights are being adjudicated.

Texas has very exacting standards as to service of citation of suits in state court actions.  While I am less familiar with the Federal Rules in this regard, I am relatively confident that UNLESS MERS enters a voluntary appearance subjecting itself to the court's jurisdiction that the court has no jurisdiction of the national company of that name if Altec is named and served.

Nor would any of the parties necessarily have any duty to correct this identification unless served with an interrogatory asking for some information or elaboration under oath.  Basically, MERS can probably sit back, watch and laugh!
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