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Author Topic: Goldman Sachs-Litton-Ocwen-HSBC: MERS criminals stealing American's homes  (Read 38573 times)

Offline ArMaP

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Re: Goldman Sachs-Litton-Ocwen-HSBC: MERS criminals stealing American's homes
« Reply #15 on: October 02, 2014, 06:00:17 pm »
What strikes us odd is the fact that 'Hiz Honor' had the true facts of the case for five months as laid out previously here (above) and completely ignored each and every one of the violations of law, which he has sworn to uphold.

For a Superior Court Judge to 'conveniently overlook' the damning evidence, dating back almost four years, is quite disturbing, to say the least, IMHO, of course.    ;)
Maybe his interpretation of the law is different from your's, and, obviously, his interpretation is what counts.

PS: good luck with this case. :)

Offline Amaterasu

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Re: Goldman Sachs-Litton-Ocwen-HSBC: MERS criminals stealing American's homes
« Reply #16 on: October 02, 2014, 06:20:29 pm »
Ah, geez, Thor.  I am so angry and saddened that what I feared did indeed come to pass.  Tweeting out for You!
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Offline Back

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Re: Goldman Sachs-Litton-Ocwen-HSBC: MERS criminals stealing American's homes
« Reply #17 on: October 03, 2014, 01:56:01 pm »
Thor

Bro that does explain a lot. Kick there butts. I wish that I could help more than cheer you on.

I want you all home safe and sound.

Talk soon
Bless
Back

Offline thorfourwinds

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Re: Goldman Sachs-Litton-Ocwen-HSBC: MERS criminals stealing American's homes
« Reply #18 on: October 03, 2014, 02:35:42 pm »
Greetings Dear Reader:

FYI, this is a copy of the letter we sent to an extremely capable
(and expensive) attorney who specializes in these cases.
(colorized and annotates for presentation here    ;D)


Dear Mr 'Attorney':

Thank you so very much for taking the time to review my case.

You come highly recommended and we are desperately in need of a friendly ear to tell our story to,
because the Superior Court here refuses to recognize any of my pleas and tells me to get an attorney.

We are, and have been ignored and railroaded at every turn of events in this case.

In this Complaint, Anderson seeks inter alia, the injunction of various foreclosure and eviction proceedings, based upon the Plaintiff'’s routine failure to comply with statutory prerequisites to foreclosure. Anderson also seeks a determination of the validity of numerous foreclosure sales (which we successfully derailed at the last moment by filing appropriate and timely documents, all contained above) held in violation of statutory requirements, together with damages and other relief.

Robo-signing is a crime, but it’s also a cover-up for a much bigger crime, which involves MERS and improper mortgage transfer and securities fraud. The robo-signed, forged, fabricated documents are the smokescreen being used to foreclose and get the real problem off the books. Banks are trying to wriggle off the hook by saying they are merely “memorializing” past actions with the fake documents.

Georgia has longstanding, statutorily prescribed non-judicial procedures by Power of Sale with minimal consumer protections for homeowners. O.C.G.A. § 44-14-162 et seq. Homes are routinely foreclosed upon pursuant to the statutory Power of Sale without a pre-foreclosure hearing.

The law is clear, however, that entities foreclosing upon homeowners must strictly comply with Georgia's statutory prerequisites to foreclosure. O.C.G.A. 23-2-114. Among other things, it is black letter law that the entity seeking to foreclose must have actual legal authority to exercise the Power of Sale.


When we questioned these activities, we were completely ignored and OCWEN filed for foreclosure, four times.

These illegal practices have been going on since December, 2011, when we filed our RESPA QWR, which is still, to this day, unanswered.

One of the more interesting documents is the one from OCWEN stating they acquired the loan on 3 March 2013, and sold it on 5 March 2013.

If this is true, then who the heck have we been harassed by since we filed the RESPA QWR and Dispute of Debt and Notice of Default to OCWEN in 2011?

In recent years, many foreclosing entities, including Plaintiffs, have dispensed with this fundamental requirement. Such entities foreclose, through their Counsel, without having first obtained proper and legally valid assignment of the mortgage and the power of sale on property they purport to foreclose.

Georgia’s foreclosure process has become an undisciplined and lawless rush to seize homes. Many thousands of foreclosures are plainly void under statute and Georgia case law. Many borrowers never obtain accurate statutorily required notices, have flawed and fraudulently created assignments of title and thus are sold and, sometimes, resold without a proper chain of title.

We seek declaratory and injunctive relief concerning foreclosures conducted by entities who do not hold the Power of Sale, injunction of eviction action pending procedures to verify the validity of underlying sales, and cancellation of fees and costs for invalid sales processes and damages.

We seek such relief on our own behalf.


Here is the information surrounding this travesty including Wrongful Foreclosure Practices and Actions.

The latest info begins here.


Sachs-Litton-Ocwen-HSBC: MERS criminals stealing American's homes

The Court stated yesterday that the case is in default, even though the Order allegedly
entered on March 10, 2014, WAS NEVER ISSUED.

When I attempted to bring this up in Court yesterday, I was told I was out of order and 'needed an attorney.'  :P

And then the Judge accepted the Plaintiff's statement that I was in default and immediately issued a Writ of Possession, giving me only seven days to find and rent a place to live and pack my entire household in order to move, all while the wife and I have full-time jobs.

THIS IS A TRAVESTY OF JUSTICE.


QUOTE
It is now appearing that the Court entered an Order
on March 10, 2014, compelling the defendant, Thor Anderson,
to pay into the registry of the Court the sum of $800.00 per month
beginning April 5, 2014 and continuing on the same day each
successive month until further order of the Court; and

It is further appearing that the Defendant is in contempt of Court
for failing to tender funds into the Registry of the Court on or before
April 5, 2014 as so ordered: it is now hereby ORDERED that a Writ of
Possession in favor of the Plaintiff shall issue instanter.
END QUOTE

Appearances can be deceiving.   :P

See May 25, 2014 letter above.

On March 5, 2014, Anderson agreed to pay rent ordered by the Court to the Court upon receipt of the Agreement stating when such rent shall be paid.

No such Agreement was ever forwarded to Anderson, therefore, Defendant had no notice to pay, therefore, Defendant cannot be deemed in 'default.'

This should be enough to dismiss the Writ of Possession because of improper procedure.

The 28 May 2014 ORDER STAYING ENFORCEMENT OF WRIT OF POSSESSION, states that:

QUOTE
On April 21, 2014, the Court entered an Order providing that a writ of
possession issue as a result of the Defendant's failure to pay rent of
$800 per month into the Registry of the Court pursuant to an order
entered on March 10, 2014.
However, no such order appears of record.

END QUOTE

When I attempted to bring this up in Court yesterday, I was told I was out of order and 'needed an attorney.'


As I stated in Court at the previous hearing, as long as this action does not in any way give any credence to HSBC Bank's illegal claim on my property, I am willing to satisfy the Court's request that I pay the 'rent.' 

What we need here is an immediate Motion for Reconsideration of Writ of Possession to derail the illegal eviction, because the Writ was procedurally improper.

OR THE UNTHINKABLE

The emergency is that we are on a 7-day Writ of Possession that must be at least extended to sixty days to give us time to find a place to live and pack and move, IF the unthinkable happens and they are successful in stealing our lovely home.

So much for homeowners' rights, as we have been ignored at every turn of events starting with our RESPA QWR in 2011.

Thank you for your time and consideration.

Dear Sir, you are our last hope.
May God Bless.

With great respect,
Thor Anderson
706-490-4401
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Offline Back

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Re: Goldman Sachs-Litton-Ocwen-HSBC: MERS criminals stealing American's homes
« Reply #19 on: October 03, 2014, 03:03:42 pm »
Cant wait to see the response to that ;D

Bless
B

Offline thorfourwinds

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Re: Goldman Sachs-Litton-Ocwen-HSBC: MERS criminals stealing American's homes
« Reply #20 on: October 03, 2014, 04:07:21 pm »
I had this ready to go at 4 p.m. and decided to bite my tongue
and wait until we heard from the attorney… can always file on Monday.     ;)

DRAFT ONLY - NOT PRESENTED AS YET


IN THE SUPERIOR COURT OF RABUN COUNTY
STATE OF GEORGIA
                                                                         
HSBC BANK USA, NA, as trustee for               CASE # 2014-CV-14S
Freemont Home Loan Trust 2006-D         
c/o Richard B. Maner                      
Plaintiff                                                             
                                                                       
5775 Glenridge Drive                      
Building D. Suite 100                      
Atlanta, Georgia 30328               
                               
404.252.6385 x235                  

vs.                                    

THOR ANDERSON                              
Defendant                                  
218 MERRYDALE LANE               
CLAYTON, GEORGIA 30525            
                               
706.490.4401                     


3 October 2014

NOTICE OF APPEAL
Motion for Reconsideration of Writ of Possession

Notice is hereby given that the Defendant, Thor Anderson, hereby appeals a judgment entered in the Superior Court of Rabun County.

The judgment of the dispossessory case appealed herein was entered on the 2 October, 2014.

HOWEVER:

The 28 May 2014 ORDER STAYING ENFORCEMENT OF WRIT OF POSSESSION, states that:

QUOTE
On April 21, 2014, the Court entered an Order providing that a writ of possession issue as a result of the Defendant's failure to pay rent of $800 per month into the Registry of the Court pursuant to an order entered on March 10, 2014.
However, no such order appears of record.

END QUOTE


When I attempted to bring this up in Court yesterday, I was told I was out of order and needed an attorney.

It would follow that if no such Order ever appears of record and subsequently was never issued to Anderson, Defendant could not be in default, as was so eloquently stated by the Plaintiff's attorney Richard Maner in order to sway the Court's opinion. We call that perjury in order to steal our property… what say you, Your Honor?

We can provide many more examples of previously documented perjury that are conveniently overlooked here, IF the Court is truly interested in the truth - and believes the affirmative duty of a Judge to see that justice is done.

As I stated in Court at the previous hearing, as long as this action does not in any way give any credence to HSBC Bank's illegal claim on my property, I am willing to satisfy the Court's request that I pay the 'rent.' 

What we respectfully request here now is an immediate Motion for Reconsideration of Writ of Possession to forestall the illegal eviction, because the Writ was procedurally improper and I was not at default, and, at least consideration of the fact that we would need 60 days to comply if this action is found to be legal.

It is hereby certified that the above judgment is not a default judgment for which no appeal can be made.

This 3rd day of October, 2014.

Thor Anderson

Defendant


CERTIFICATE OF SERVICE

I hereby certify that I have served the opposing party with a copy of this appeal by mailing a copy of this document to the opposing party at the address set forth above.

This 3rd day of October, 2014.

Thor Anderson

Defendant
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Offline thorfourwinds

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Re: Goldman Sachs-Litton-Ocwen-HSBC: MERS criminals stealing American's homes
« Reply #21 on: October 03, 2014, 04:26:32 pm »

ShellGame-MERS: Contrived Confusion


9 June 2013
Yesterday was spent reading a brilliant new ebook ShellGame-MERS: Contrived Confusion by retired attorney/CPA Robert Janes. Not enough can be said about this powerful paper that accurately outlines the errors of the foreclosure machine. IT IS A “MUST READ”!

Robert Janes has previously written a  book called “Fighting The Foreclosure Machine” and has a website with the same name, with great newsletters contained therein.

It is all about the UCC and the material is in regard to making the banks prove who can enforce the Note.

This is fabulous information and used in a lot of Quiet Title actions and Oppositions to Motions for Summary Judgments.  Judges are starting to listen to these arguments which is to put a stop to the fabrication of documents and fraud stemming from the “foreclosure machine.”




ShellGame-MERS: Contrived Confusion

Mortgage Electronic Registration Systems, Inc., (“MERS”) is a big problem for the foreclosure machine. Its problem is your opportunity. Learn why this is so and how to use the presence of MERS to your advantage.

ShellGame-MERS: Contrived Confusion is by the author of Fighting The Foreclosure Machine. Like the book, this paper is a plain-language legal treatise. You and your attorney can use it to help your judge make the correct decision.

What you will find in this paper:
   >   Relevant history of “MERS”
   >   What MERS is and is not.
   >   How it has been misrepresented to courts.
   >   How to introduce your judge to the real MERS.
   >   Why ShellGame-MERS is the better name for it.
   >   Why the mere presence of ShellGame-MERS in the mortgage is a serious barrier to foreclosure.
   >   Examples of how to draft complaints and answers in cases involving MERS.
   >   Examples of discovery requests when MERS is involved.
   >   Methodology for challenging and discrediting claimed foreclosure rights premised on anything done in the name of MERS.

NOT LEGAL ADVICE: this paper provides information, not legal advice. Each person’s circumstances and facts are unique. You and your legal advisor must determine how, if at all, this information might benefit you.

Every foreclosure defense attorney and judge hearing these cases should read this paper and research the issues and symptoms of the “MERS Blur” disease. Documents substantiating the paper can be found in the footnotes and many are accessible on http://www.doctelportal.com in the LIBRARY under the MERS tab.




Whether or not you are in foreclosure – these issues affect you. The foreclosure machine is a “land grab” much like the takeover of Hawai’i.

We’re about to lose our rights to own properties in the most egregious and aggressive elimination of our due process protection and destruction of our Constitution.

Lili‘uokalani was the last queen of Hawai‘i. Born in 1838, she lived through the nearly complete economic transformation of the islands. Lucrative sugar plantations (like the banks and the elite) gradually subsumed the majority of the land, owned almost exclusively by white planters, dubbed the “Sugar Kings.” Hawai‘i became a prize in the contest between America, Britain, and France, each seeking to expand their military and commercial influence in the Pacific.

The monarchy (like our individual states) had become a figurehead, victim to manipulation from the wealthy sugar plantation owners (Wall Street). Lili‘uokalani was determined to enact a constitution to reinstate the monarchy’s power but was outmaneuvered by the U.S. government.

The annexation of Hawai‘i had begun, ushering in a new century of American imperialism. This is exactly what is happening to homeowners across the United States – and it will happen to you if you don’t watch out!

The takeover of Hawaii is a disturbing and dramatic story depicted with a cast of characters driven by greed, desperation, and miscalculation…

Sound familiar? How the queen lost her kingdom says as much about America and its new era of overseas expansion as it does about Hawaii. [Source: Lost Kingdom: Hawaii's Last Queen, the Sugar Kings and America's First Imperial Adventure].




Now, the “land grab” has come to mainland America in a foreclosure machine meant to make a society of leasehold renters…

Why? Because it appears Wall Street and the government are without enough capital to sustain themselves and they need the land as assets – yours, mine and our family lands.

In 1993, 100 years after the overthrow, the U.S. government issued an “Apology Resolution” to the people of Hawaii. The apology did nothing to guarantee the basic rights of indigenous Hawaiians, who continue to struggle against the colonial legacy of oppression.

Is this what we want to happen 100 years from now – after it is over? After the United States is no longer a composition of individual states – but one huge land mass owned and controlled by only Wall Street, the elite and the Washington, DC government?

You need to seriously ask yourself – are you willing to allow your state to be consumed by a fraudulent foreclosure machine calculated with the intent and purpose to eliminate personal ownership in the land – so they can frack, strip the minerals, water and air rights out from under us?!

If you doubt their intentions read the news propaganda CLICK HERE and the patents.

See the patents in DeadlyClear’s REMIC Armageddon on the Horizon?
You will see Mortgage Electronic Registration Systems, Inc. is a significant instrument necessary in the land grab.

Morgan Stanley doesn’t see this shift to rentership as a temporary waypoint while the country sorts out its housing problems; it sees this as a fundamental shift in how the United States will define itself into the future.

“America is moving away from a home ownership society and towards a rentership society,” the company says in its 2011 report. Of course it is if the Wall Street elite have anything to do with it, given the foreclosure machine, the fraudulent use of the MERS Blur Gang and history itself.




Bottom-line is that the states must wake the hell up. Wake up your legislators and your state courts. Encourage them to read of Robert Janes ebook ShellGame-MERS: Contrived Confusion. Make it the topic of your conversations at community meetings and among friends and family.

If you doubt how serious the land grab situation is – just ask any Hawaiian.

(tfw NOTE: Or Native American)   :P

Their land was taken away – and yes, they got some of it returned where they can lease it for 100 years – and then its over … no more theirs. Do you think they have a reason to be angry? Well, that is exactly what is happening with every fraudulent foreclosure.

What can you do? You can read ShellGame-MERS: Contrived Confusion and work as hard as possible to have every single MERS decision overturned.

And if your legislators are not in agreement with you it’s time to replace them in the next election.
« Last Edit: October 03, 2014, 04:29:18 pm by thorfourwinds »
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Offline Amaterasu

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Re: Goldman Sachs-Litton-Ocwen-HSBC: MERS criminals stealing American's homes
« Reply #22 on: October 03, 2014, 11:20:50 pm »
A friend said this might be of help...

[youtube]http://www.youtube.com/watch?v=gQ0Y_jjlCTQ[/youtube]



Did not watch it yet - but He thought maybe...
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Offline thorfourwinds

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Re: Goldman Sachs-Litton-Ocwen-HSBC: MERS criminals stealing American's homes
« Reply #23 on: October 04, 2014, 07:49:04 am »
[youtube]kkmlrzzbeVw[/youtube]



Published on Feb 25, 2013
http://www.fraudstoppers.org/?

60 Minutes exposes the shocking truth behind the mortgage fraud, robo-signing,
and other crimes mortgage lenders are committing.

However, it appears that no one (that has the huevos to change things) is listening.   :P

Where are the honest judges?




tfw
Peace Love Light
Liberty & Equality or Revolution

Hec'el oinipikte  (that we shall live)
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Offline thorfourwinds

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Re: Goldman Sachs-Litton-Ocwen-HSBC: MERS criminals stealing American's homes
« Reply #24 on: October 04, 2014, 11:15:34 am »
Greetings:

MERS vs. 200+ years of US property law is probably our single biggest current test of the “rule of law”. Since it is difficult to move land across state boundaries (requires lots of dump trucks), it is not an obvious “interstate commerce” issue the way railroads are, so presumably the default is to leave it as a state issue to be addressed in state courts.

The big banks are trying to argue that local and state laws are largely irrelevant to them (Too Big to Care?) since the laws very clearly state that mortgages and deeds are governed by state law and are typically administered on the county level.

MERS would also be a classic example of a potential RICO litigation since it would be hard to argue against it not being racketeering and collusion between multiple large parties.

FOR THE RECORD:

In my specific case, Plaintiff HSBC Bank alleges that it is the holder in due course on the subject mortgage and note yet it is the belief of the Defendant Anderson that the note was part of larger securitization process and sold to several un-named parties and beneficial owners and any claims by Plaintiff, in the absence of the original note endorsed to Plaintiff, are a clear misrepresentation of the actual facts.

If the court were to allow the Plaintiff in this case to prevail in light of serious misrepresentation and fraud upon the court, it would result in a major injustice to the Defendant Anderson.

The Court cannot be in a position of enabling Plaintiff and its attorneys to commit material misrepresentation or felony crimes.

In fact true, the courts would open the door to incredible harm to any homeowner whose home is secured by a mortgage.

But what do I know? I'm not an attorney.   :P





States Fight Back Against MERS Mortgage Fraud | The Big Picture

MERS: The Center of the Mortgage Scam

A prominent economist said about the 2008 financial crisis:


“At the root of the crisis we find the largest financial swindle in world history”,
where “counterfeit” mortgages were “laundered” by the banks.


The Mortgage Electronic Registration Systems – MERS – was one of the main ways the swindle was done, and the main way in which counterfeit mortgages were laundered by the banks.

MERS is a shell company with no employees, owned by the giant banks.

Quote
It is the company created and owned by all of the big banks to process title to property in the U.S. Approximately 60% of the nation’s residential mortgages are recorded in the name of MERS.

MERS is a shell corporation with no employees, but thousands of officers.

As the treasurer and secretary of MERS admitted in a deposition:

Q Does MERS have any salaried employees??
A No.

Q Does MERS have any employees?
A Did they ever have any? I couldn’t hear you.

Q Does MERS have any employees currently?
A No.

Q In the last five years has MERS had any employees?
A No.

Q To whom do the officers of MERS report?
A The Board of Directors.



MERS threw out centuries of well-established law about how real estate is transferred – and cheated governments out of many tens or hundreds of billions of dollars in recording fees.

Matt Taibbi pointed out:

"MERS … is essentially an effort at systematically evading taxes … and hiding information from homeowners in ways that enabled the Countrywides of the world to defraud investors and avoid legal consequences for same."
***
MERS was at least in part dreamed up by Angelo Mozilo of Countrywide.
***




For those of you wondering why so many localities are broke, here’s one small factor in the revenue drain. Counties typically charge a small fee for mortgage registration, roughly $30.

But with MERS, … you don’t need to pay the fee every time there’s an ownership transfer. Multiply that by 67 million mortgages and you’re talking about billions in lost fees for local governments (some estimates place the total at about $200 billion).

Outrageously, MERS actually marketed itself to its customers as a way to save money by avoiding the payment of legally mandated registration fees.

Check out this MERS brochure from 2007. It brags on the face page about its fee-avoiding qualities (“MINIMIZE RISK. SAVE MONEY. REDUCE PAPERWORK”) and inside the brochure, in addition to boasting about helping clients “Foreclose More Quickly,” it talks about how clients save money because MERS “eliminates the need to record assignments in the name of the Trustee.”

All of this adds up to a system that enabled the mortgage industry to avoid keeping any kind of proper paperwork on its frantic, coke-fueled selling and re-selling of mortgage-backed securities during the bubble, and to help the both the Countrywide-style subprime merchants and the big banks like Goldman and Chase pull off the mass sales of crappy loans as AAA-rated securities.


Harper’s reported:

“What’s happened,” said Christopher Peterson, a law professor at the University of Utah who has written extensively about MERS, “is that, almost overnight, we’ve switched from democracy in real-property recording to oligarchy in real-property recording.”

The county clerks who established the ownership of land, who oversaw and kept the records, were democratically elected stewards of those records, said Peterson. Now a corporation headquartered outside Washington, D.C., oversaw the records. [color= orange]“There was no court case behind this, no statute from Congress or the state legislatures,”[/color] Peterson told me. [color= orange]“It was accomplished in a private corporate decision. The banks just did it.”[/color]
 
Peterson said it was “not a coincidence” that more Americans than at any time since the Great Depression were being forced out of their homes just as records of home ownership and mortgages were transferred wholesale to a privatized database.


The Securitized Sausage Maker




MERS was also the engine which allowed securitization of mortgages.

Bloomberg reported:

MERS played a key role in the bundling of mortgages into securities that reached a frenzy before the economic decline of 2008, critics including Grayson of Florida said. It allowed banks to sell and resell home loans faster, easier and cheaper, he said.

“MERS is the central device by which the banks have tried to opt out of the legal system and the real-property record system,” U.S. Representative Alan Grayson of Florida said in an interview.

“They have taken it upon themselves, with the supposed consent of the borrowers, to violate a system of property record-keeping that we’ve had going back centuries.”

Attorneys general of all 50 states opened a joint investigation into home foreclosures Oct. 13, saying they will seek an immediate halt to any improper practices at banks and mortgage companies. The announcement came after several banks, including Bank of America Corp., halted foreclosures in either all states or the 23 with judicial supervision of foreclosures.

“It appears that on a widespread and probably pervasive basis, they did not take the steps necessary to own the note,” Grayson said in a Sept. 30 video he recorded about MERS, “which means that in 45 out of the 50 states they lack the legal right to foreclose.”


[youtube]AqnHLDeedVg[/youtube]


Uploaded on Sep 30, 2010
This is Rep. Alan Grayson explaining the crisis of foreclosure fraud and how it links to the entire securitization chain of Wall Street.


“MERS was a facilitator of securitization,” said Grayson, a Democratic member of the House Financial Services Committee.

How?

Steve Liesman explained in 2007:

[youtube]0YNyn1XGyWg[/youtube]


How do you create a subprime derivative? …You take a bunch of mortgages… and put them into one big thing. We call it a Mortgage Backed Security. Say it’s $50 million worth… Now you take a bunch of these Mortgage Backed Securities and you put them into one very big thing… The one thing about all these guys here (in the one very big thing) is that they’re all subprime borrowers, their credit is bad or there’s something about them that doesn’t make it prime…

Watch, we’re going to make some triple A paper out of this… Now we have a $1 billion vehicle here. We’re going to slice it up into five different pieces. Call them tranches… The key is, they’re not divided by “Jane’s is here” and “Joe’s is here.” Jane is actually in all five pieces here. Because what we’re doing is, the BBB tranche, they’re going to take the first losses for whoever is in the pool, all the way up to about 8% of the losses.

What we’re saying is, you’ve got losses in the thing, I’m going to take them and in return you’re going to pay me a relatively high interest rate… All the way up to triple A, where 24% of the losses are below that. Twenty-four percent have to go bad before they see any losses. Here’s the magic as far as Wall Street’s concerned. We have taken subprime paper and created GE quality paper out of it.

We have a triple A tranche here.




Ellen Brown explained the significance of MERS in this process:

The top tranche is triple A because it includes the mortgages that did NOT default; but no one could know which those were until the defaults occurred, when the defaulting mortgages got assigned to the lower tranches and foreclosure went forward. That could explain why the mortgages could not be assigned to the proper group of investors immediately: the homes only fell into their designated tranches when they went into default.

The clever designers of these vehicles tried to have it both ways by conveying the properties to an electronic dummy conduit called MERS (an acronym for Mortgage Electronic Registration Systems), which would hold them in the meantime. MERS would then assign them to the proper tranche as the defaults occurred. But the rating agencies required that the conduit be “bankruptcy remote,” which meant it could hold title to nothing; and courts have started to take notice of this defect.
[…]


Relief Must Come at the State Level



Now, this we love!

Property recording laws are state laws, and the states have always been the bedrock for property rights.

Given that the head of the U.S. Department of Justice used to represent MERS – and that the D.C. politicians are (with a few exceptions) lackeys for the big banks which own MERS – the only hope is at the state level.

Some state courts have, in fact, declared MERS illegal … or at least without power to foreclose on property.


Harper’s notes:

After the housing market collapsed, however, MERS found itself under attack in courts across the country. MERS had singlehandedly unraveled centuries of precedent in property titling and mortgage recordation, and judges in state appellate and federal bankruptcy courts in more than a dozen jurisdictions—the primary venues where real estate cases are decided— determined that the company did not have the right to foreclose on the mortgages it held.

In 2009, Kansas became one of the first states to have its supreme court rule against MERS. In Landmark National Bank v. Boyd A. Kesler, the court concluded that MERS failed to follow Kansas statute: the company had not publicly recorded the chain of title with the relevant registers of deeds in counties across the state.

A mortgage contract, the justices wrote, consists of two documents: the deed of trust, which secures the house as collateral on a loan, and the promissory note, which indebts the borrower to the lender. The two documents were sometimes literally inseparable: under the rules of the paper recording system at county court-houses, they were tied together with a ribbon or seal to be undone only once the note had been paid off. “In the event that a mortgage loan somehow separates interests of the note and the deed of trust, with the deed of trust lying with some independent entity,” said the Kansas court, “the mortgage may become unenforceable.”

MERS purported to be the independent entity holding the deed of trust. The note of indebtedness, however, was sold within the MERS system, or “assigned” among various lenders. This was in keeping with MERS’s policy: it was not a bank, made no loans, had no money to lend, and did not collect loan payments. It had no interest in the loan, only in the deed of trust.

The company—along with the lenders that had used it to assign ownership of notes—had thus entered into a vexing legal bind. “There is no evidence of record that establishes that MERS either held the promissory note or was given the authority [to] assign the note,” the Kansas court found, quoting a decision from a district court in California. Not only did MERS fail to legally assign the notes, the company presented “no evidence as to who owns the note.”
Similar cases were brought before courts in Idaho, Massachusetts, Missouri, Nevada, New York, Oregon, Utah, and other states.

The language in the judgments against MERS became increasingly denunciatory.

MERS’s arguments for standing in foreclosure were described as “absurd,” forcing courts to move through “a syntactical fog into an impassable swamp.”


“It appears that every MERS mortgage,”
a New York State Supreme Court judge recently told me,
“is defective, a piece of crap.”


more
« Last Edit: December 08, 2020, 10:49:33 am by thorfourwinds »
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Offline Amaterasu

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Re: Goldman Sachs-Litton-Ocwen-HSBC: MERS criminals stealing American's homes
« Reply #25 on: October 06, 2014, 11:29:06 am »
Another vid that discusses the difference between adjournment and recess, amongst other things that may help here.

[youtube]http://www.youtube.com/watch?v=DruyheOfweg[/youtube]

"If the universe is made of mostly Dark Energy...can We use it to run Our cars?"

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Offline thorfourwinds

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Re: Goldman Sachs-Litton-Ocwen-HSBC: MERS criminals stealing American's homes
« Reply #26 on: October 07, 2014, 03:22:47 pm »
For the record:

I have drawn a line in the sand here.

These thieving Nazi criminals from Uruguay backed by Goldman Sachs
and masquerading as Ocwen with a storefront in West Palm Beach and
answering the phone in India have come to the end of the road with me.

I will not give up my lovely home.

Our friends from BundyGate are on notice.

OATHKEEPERS have been notified as to the confrontation that is sure
to take place if the Appeal is not granted and 9 October 2014
will be a date not forgotten in the 2nd American Revolution.

Of course, the media has been notified.   :P

Locked and loaded in Rabun County,
tfw on my tablet in the bunker behind the wire.

Semper Fi

« Last Edit: October 07, 2014, 05:43:15 pm by thorfourwinds »
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Offline thorfourwinds

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Re: Goldman Sachs-Litton-Ocwen-HSBC: MERS criminals stealing American's homes
« Reply #27 on: October 08, 2014, 09:55:33 am »
UPDATE:

Appeal filed on 7 October 2014, shown here.






Call to Action Cancelled !

Thank you for your interest, time and consideration.

Next time...
    ;)
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Offline Shasta56

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Re: Goldman Sachs-Litton-Ocwen-HSBC: MERS criminals stealing American's homes
« Reply #28 on: October 10, 2014, 07:36:42 pm »
I don't think I want to ever live in Georgia.   That whole thing just makes no sense.

Shasta
Daughter of Sekhmet

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Re: Goldman Sachs-Litton-Ocwen-HSBC: MERS criminals stealing American's homes
« Reply #29 on: October 11, 2014, 04:34:40 pm »
It's not just Georgia.  It's all over the country, and even the world.
"If the universe is made of mostly Dark Energy...can We use it to run Our cars?"

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