The Problem with MERS Mortgage Electronic Registration Systems

Securitization Makes the Process of Litigating Predatory Lending More Costly for Consumers

Southern California (909)890-9192 begin_of_the_skype_highlighting              (909)890-9192      end_of_the_skype_highlighting  in Northern California(925)957-9797

A critique of the effect of securitization lies in the impact it has on civil procedure. Discovery, negotiation, and litigation in general is more expensive for consumers with securitized loans than it is for loans funded by the traditional secondary market. Legal scholars have made a compelling case for the serious potential consequences for consumers when businesses use procedural dispute resolution costs as a hedge against enforcement of substantive law. For example, Jeff Sovern has recently pointed out that many businesses design systems that derive profit from increasing consumers’ transaction costs. Robert Rubinson has pointed out that only a “minute percentage” of society’s dispute resolution resources are allocated to disputes regarding consumers’ access to shelter even though “any principled moral or ethical analysis demonstrates that the stakes are much higher in disputes involving low-income disputants than in disputes involving affluent individuals or organizations.”

Amicus briefmers-amicus-brief

Moreover, an extensive literature demonstrates the great vulnerability of our civil justice system to manipulation of procedure in general, and discovery in particular. For example, a federal district judge’s remarks from the late 1970s seem equally resonant today:

The civil justice system in the United States depends on the willingness of both litigants and lawyers to try in good faith to comply with the rules established for the fair and efficient administration of justice. When those rules are manipulated or violated for purposes of delay, harassment or unfair advantage, the system breaks down … . My experience as a participant in and observer of civil litigation has convinced me that abuse of the judicial process … is widespread. Abuse of the judicial process occurs most often in connection with discovery. Unjustified demands for and refusals to provide discovery prolong litigation and drive up its costs. Fabrication and suppression of material facts are regrettably common occurrences, although lawyers and judges are often reluctant to admit it.

Given these observations, we should not be surprised to find a business system that derives its revenue from creating procedural roadblocks in the way of consumers litigating from the brink of homelessness.

One characteristic of structured finance is the erection of such barriers. In traditional two and three-party mortgage markets, consumers and their counsel had a clearer idea of whom they were borrowing from and who might seek to foreclose upon them if they failed to repay. Service of process, interrogatories, depositions, and negotiations could be expected to involve only one company which was responsible for all, or nearly all, the relationship functions associated with the loan.

In comparison, selling a loan into a contemporary structured finance conduit can force consumers to communicate with and litigate against many more business entities. Even simple litigation tasks, such as service of process, interrogatories, and requests for production of documents, can become much more complicated in structured finance. Whereas forty years ago, a borrower might need to serve one party, to bring the full range of predatory lending claims and defenses to bear on a securitization conduit can require serving ten or more different businesses.

This is a daunting task indeed, since at the outset, the consumer will almost always have no knowledge of the name, address or other contact information for many of these firms. Indeed, counsel for the foreclosing party herself probably does not know which businesses were involved in performing the various functions associated with the loan. Phone calls to the loan’s servicer are frequently ignored, subject to excruciating delays, and typically can only reach unknowledgeable staff who themselves lack information on the larger business relationships.

For their part, securitization trustees are not in the business of counseling the thousands of mortgagors pooled in each of the many real estate trusts they oversee. Policy makers must not underestimate the staggering difficulty of reconstructing the facts involved in only one loan. Securitization creates an opaque business structure that consumers have great difficulty forgathering.
Securitization also complicates the paper trail for a given mortgage by facilitating frequent permutations in the servicing and ownership history of the loan. One of the benefits of securitization is that it allows trustees to shop for the most efficient servicer, reassigning servicing rights for loan pools when a better deal comes along. And, depending on how the securitization conduit is structured, a loan may undergo several assignments in route to its destination pool. While these changes may help ensure that the pool securities pay out on time and otherwise manage risks to the businesses involved, they also raises costs for consumer counsel attempting to piece together who did what to their client.

At the same time mortgage loan documentation has become more complex, the organizational technology of securitization has displaced older, more transparent, public systems for maintaining records. Nowhere is this more apparent than the use of the Mortgage Electronic Registration System, or MERS, to circumvent county recording offices.

MERS’ primary function is to act as a document custodian. Major players in the mortgage lending industry created MERS to simplify the process of transferring mortgages by avoiding the need to re-record liens – and pay county recorder filing fees – each time a loan is assigned. “Instead, servicers record loans only once and MERS’ electronic system monitors transfers and facilitates the trading of notes …” Currently over half of all new residential mortgage loans in the United States are registered with MERS and recorded in county recording offices in MERS’ name. This has reduced transparency in the mortgage market in two ways. First, consumers and their counsel can no longer turn to the public recording systems to learn the identity of the holder of their note. Today, county recording systems are increasingly full of one meaningless name, MERS, repeated over and over again. But more importantly, all across the country, MERS now brings foreclosure proceedings in its own name – even though it is not the financial party in interest. This is problematic because MERS is not prepared for or equipped to provide responses to consumers’ discovery requests with respect to predatory lending claims and defenses. In effect, the securitization conduit attempts to use a faceless and seemingly innocent proxy with no knowledge of predatory origination or servicing behavior to do the dirty work of seizing the consumer’s home. While up against the wall of foreclosure, consumers that try to assert predatory lending defenses are often forced to join the party – usually an investment trust – that actually will benefit from the foreclosure. As a simple matter of logistics this can be difficult, since the investment trust is even more faceless and seemingly innocent than MERS itself. The investment trust has no customer service personnel and has probably not even retained counsel. Inquiries to the trustee – if it can be identified – are typically referred to the servicer, who will then direct counsel back to MERS. This pattern of non-response gives the securitization conduit significant leverage in forcing consumers out of their homes. The prospect of waging a protracted discovery battle with all of these well funded parties in hopes of uncovering evidence of predatory lending can be too daunting even for those victims who know such evidence exists. So imposing is this opaque corporate wall, that in a “vast” number of foreclosures, MERS actually succeeds in foreclosing without producing the original note – the legal sine qua non of foreclosure – much less documentation that could support predatory lending defenses.

Amicus brief issues about consumer a must read mers-amicus-brief

Southern California (909)890-9192  in Northern California(925)957-9797

71 Responses to “The Problem with MERS Mortgage Electronic Registration Systems”

  1. Abby April 3, 2009 at 10:24 pm #

    My husband and I have put an offer on a short sale property that is associated with MERS and I was concerned with what we will be up against. How can you tell when your lender is associating with them? Can you request that they not do any business with them in regards to your loan? Also, does MERS want buyers of MERS owned properties to transfer their liability from the seller into the buyers name so they can continue to scam other people out of their money?

  2. Kevin Lamson April 11, 2009 at 3:40 pm #

    MERS = Mortgage Electronic Registration Inc. which is nothing more than a name that is plastered on mortgages and trust deeds. It was a creation of the financial wizards who are responsible for this entire financial debacle that we now find ourselves.

    MERS is a “bankruptcy remote” Delaware corporation whose sole shareholder is Mers Corp. MersCorp and its “members” agreed to name MERS corporate name on any mortgage that was executed in conjunction with any mortgage loan made by a member of MersCorp. Thus in place of the original lender being named as the mortgagee on the mortgage that is supposed to secure their loan, MERS is named as the “nominee” for the lender who actually loaned the money to the borrower. In other words MERS is really nothing more than a name that is used on the mortgage instrument in place of the actual lender.

    MersCorp was the created in the early 1990’s by a “brain trust” consisting of the who’s who of the mortgage industry and Wall Street. Including the former C.E.O.’s of Fannie Mae, Freddie Mac, Indy Mac, Countrywide, Stewart Title Insurance and the American Land Title Association. Most of these so called financial geniuses are now reviled as financial sharks who were primarily responsible for a system that was the root cause of the current financial disaster. The executives of these companies lined their pockets with billions of dollars oh unearned bonuses and free stock by creating so-called mortgage backed securities using bogus mortgage loans to unqualified borrowers thereby creating a huge false demand for residential homes and thereby falsely inflating the value of those homes. Allowing even more loans to be made for even larger amounts to unqualified borrowers. Now that the chickens have come home to roost the previously concealed design flaws with the MERS “paperless system” are now being discovered by lawyers, judges and legal experts. MERS marketing claims that its “paperless systems fit within the legal framework of the laws of all fifty states” are now being vetted by courts and legal commentators throughout the country.

    This writer has been investor in real estate since 1976, and has owned properties in eight states and three countries. Over the last thirty two years I have witnessed and heard of many illegal or fraudulent schemes involving real estate finance. The MERS “paperless system” is the type of scheme that is hatched in some internet boiler room in Nigeria. Yet MERS was “invented” in the boardrooms of our once prestigious American financial institutions. This gigantic scheme completely ignored long standing law of commerce relating to mortgage lending. The effect of this system has led to catastrophic metldown on both the American and global economy.

    MERS admittedly does not hold any promissory notes. A party must have possession of a promissory note in order to have standing to enforce and/or otherwise collect a debt that is owed to another party. Given these facts MERS does not have legal standing to enforce or collects on the millions of mortgage loans that are supposedly secured by mortgages which name MERS, as a “nominee”.

    MERS is now being taken to task by Court’s all over the country for its lack of standing. Where MERS was routinely bringing actions as “nominee” for this or that ledner, MERS is now being denied access to Court’s as the “nominee” for lenders.

    Court’s are also now routinely vetting sworn statements contained in affidavits submitted by various corporate “officers” of MERS. Several Court’s have taken issue with the competence of these so-called MERS officers testifying to issues of which they have no direct personal knowledge and who are not actual employees or officers of MERS in the true sense of the word. These so-called MERS officers are usually employees of entities who are servicing the loan for the actual lender. MERS admittedly has no legal right to foreclose or otherwise collect debt which are evidenced by promissory notes held by someone else.

    Please pass the word on MERS. Mainstream media commonly refers to MERS as a mortgage lender, creditor, and mortgage company. Whne in fact MERS has never loaned a dime to anyone, is not a creditor and is not a mortgage company. MERS is merely a name that is printed on mortgages, purporting to give MERS some sort of legal status, with regard to a loan made by a completely different enitity.

    Please feel free to contact me with any comments or questions you may have: kevin_lamson@yahoo.com.

    • george babcock August 31, 2009 at 2:45 pm #

      I am an attorney in RI. I have been battling MERS for over a year. Terrible decision by Judge last week. I will appeal. I would love to share this story with you. I have a PI hearing on Wednesday where I will argue MERS assignment violates RI law. It does. We shall see.

      • Rion O March 31, 2010 at 2:26 pm #

        We are also fighting fraud in CA NV & AZ.
        MERS is only a recording company. We can send you case laws and class actions regarding MERS in your area.

      • Dora Grady March 24, 2011 at 10:41 am #

        I’m going through a divorce and my husband did out house thru MERS. can you email me some information?
        Thank-You
        Dora Grady

      • JENNA LaFleur May 11, 2011 at 2:25 pm #

        Thank you and bless you for trying.

        I’m in Calif., non-judicial state. Why would any government take away your rights to a judicial sale of you “home” during a foreclosure? MONEY, AGAIN? Calif. is dominated by too much money going to the wrong places.

        Our Judges, civil and federal don’t care here too much. They’ve been on the take for so long…it’s hard to have to look at the law, and they don’t have to. Our good lawyers work for the banks, the others we might pay $1,500 to 5,000 to don’t even show up to court. Bankruptcy Judges seems to be the only honest ones around here, not civil or federal judges. It’s a nightmare in California.

        So, that’s why I really appreciate you and the lawyers like you. Jenna

    • CA 191 MERS July 2, 2010 at 11:05 am #

      MERS LOSES MOTION TO DISMISS
      IN CALIFORNIA FEDERAL COURT.

      “the court cannot conclude that MERS falls within any of the five enumerated examples of “foreign lending institutions,” and the court declines to address sua sponte whether MERS otherwise satisfies subsection (d).”. . . “the enforcement of any loans by trustee’s sale, judicial process or deed in lieu of foreclosure or otherwise. . .”

      “Accordingly, section 191(c)(7) does not exempt MERS’s activity.”
      CHAMPLAIE v. BAC, No. 2:09-cv-01316-LKK-DAD (E.D.Cal. 10-22-2009) ( PACER Document 38, pages 23, 24)
      Surprisingly this case is really difficult to find on Lois Law, Pacer is easier.

      As a result of this ruling, MERS:
      1) Illegally entered into all of the Deeds of Trust in California and are voidable, if not VOID.
      2) Illegally assigned the Notes and Deeds back to the lenders
      3) Illegally substituted the Trustee
      4) Has no legal standing in Court, because they are not registered with the Secretary of State, nor are they exempt from registering according to this new case.

      • Gloria Tyler November 13, 2010 at 11:49 am #

        Can you please contact me regarding MERS, assigns etc. I’m in court as we speak with an illegal foreclosure with GMAC, MERS, Ocwen and the list goes on and on.

  3. Grace Weatherly June 5, 2009 at 1:29 pm #

    You may be intereted in a Texas court of appeals opinion I received today in a pro bono case in which the court of appeals found that the trial court lacked jurisdiction to evict the property owner post-foreclosure. MERS did the non-judicial foreclosure and court held that the trial court could not decide the issue of possession without determining title, since there was nothing in the deed records demonstrating MERS’ interest in the property. Email me if you want & I’ll send you the opinion.

    • Marcia Johnson June 30, 2009 at 6:36 pm #

      Please send me any information you may have Just trying to figure out who MERS really is and what legal standing they have or what we can do to stop them. Thanks in advance. I am truly interested in the opinion.

      • Alan Israel December 1, 2009 at 6:20 pm #

        I am also interested in any information you may have Just trying to figure out who MERS really is and what legal standing they have or what we can do to stop them. Thanks in advance. I am truly interested in the opinion. I have the fight in me, so I did hire a law firm to go after these crooks.

    • James July 24, 2009 at 10:41 am #

      Grace,

      I am in the middle of this. I am confused. I have a remod offer from IndyMac…and this offer expires today (7/24) and I asked to have this date extended by one week. No dice. I feel pressured to make a decision because my Notice of Trustee Sale is set for 8/27. I have a lot of questions. Here is the odd thing, I looked at the Notice of Trustee Sale this morning and for the first time noticed MERS as the acting party in filing of foreclosure. I am very concerned…so here are my questions:

      What title protection do I have if I am served by MERS and yet have new terms with IndyMac?
      I need to stall for more time to understand what I am signing up to…should I decline the current offer?
      If I do, what is the process to push out the8/27 date for Notice of Trustee Sale?

      IndyMac pretty much is telling me if I don’t accept their offer, I need to go through the process of reapplying for a remod and they can not guarantee an offer will be made. Basically the squeeze.

      James

      • DR. MOORE April 29, 2010 at 2:06 pm #

        PLEASE FORWARD ME A COPY! Feel free to call——202 528 0195
        Dr. Moore

    • Charles Lane October 9, 2009 at 4:35 pm #

      Hello:

      I’m dealing with the same situation her in Georgia with Wells Fargo Mortgage as the servicer of my loan. I had two mortgages a 1st and 2nd with them. They foreclosed on the 1st mortgage and then cme back and said it wasn’t the 1st it was the 2nd that thet foreclosed on but the paperwork says otherwise. I have been fight them in court and requested the original signed blue ink copy of my note and their council refused stating that it would require to much work to try and find the information. So, that was their response that they filed when answering my request. If it is at all possible I would like to talk more about my situation because there is much more to the case.

      • Brian October 26, 2009 at 9:34 pm #

        If the attorney refuses to produce the wet ink signature of the note, they are not the holder in due course. If the Judge refuses to uphold the law, threaten to prosecute him for marketing a counterfeit security, he’ll either step off the bench or shut up and you can demand summary judgement. That should end your problem.

    • Abby in CA November 17, 2009 at 6:58 am #

      Hi Grace
      I’d be interested in a copy.

      email me at carra2009@gmail.com

      Thank you

    • Gary L. Glover March 3, 2010 at 8:13 am #

      I am expecting to be foreclosed on shortly. Would like to use thatas a legal
      defense. Please email info.

    • Ron June 22, 2010 at 4:30 am #

      Please send me the opinion asit relates to the case and any others.
      Thanks Ron

    • P lockhart September 13, 2010 at 12:10 am #

      please email me the Texas court of appeals opinion on MERS

    • P lockhart October 27, 2010 at 5:39 pm #

      please send me the opinion in the texas case with mers

  4. Patrick July 7, 2009 at 3:41 pm #

    I need to send a RR letter to the CEO or any high rank officer of MERS could somebody give me their names please . Thanks

  5. Connie July 9, 2009 at 3:48 pm #

    R.K. Arnold
    President & CEO

    R.K. Arnold serves as President & CEO of MERSCORP, Inc. and its subsidiary, Mortgage Electronic Registration Systems, Inc. He joined MERS at its inception in 1996, and served as Senior Vice President & General Counsel until his promotion to President in 1998. He is a member of the MERS Board of Directors. His team has built MERS into the central electronic registry for the mortgage finance industry.

    GOD BLESS !!!!

  6. Peter Schaps August 7, 2009 at 3:34 pm #

    Kevin Lamson age 53 years has died. Kevin a tireless expert of Pro Se found his place in the court room over 20 years ago and battled many a seasoned lawyer over the years who suddenly found themselves hopelessly upon the ropes of the court within a few minutes of the hearing, and left the Judges scurrying for their rule books and asking to themselves, “Who is this guy” Kevin will be missed greatly by the many of us who spent our own times wrestling in court Pro Se and the many long days and nights working out the law in the libraries and conference rooms of Anoka, Ramsey, and Hennepin counties.
    Rest in Peace Kevin

    • Deby January 17, 2010 at 6:16 pm #

      So lost in our own problems the blurb about a guy named Kevin who personifies probably all of us responding to this website has died and no one responded – what’s wrong with us – I can relate to this guy – spending ridiculous hours and endless viewings re this situation involving MERS, saving our homes, etc., I too am battling and now I do it additionally with the name of Kevin in my mind and heart – because I too could be in the next blurb with same topic – as a litigation paralegal fighting my own battles I now have Kevin to thank – know you are alive in memory Kevin with at least one human being who has gained momentum by your wisdom and sharing it with us! Thank you, Deby

  7. brian August 14, 2009 at 8:47 pm #

    Hi my name is brian, I am a self employed and remodel houses. I was given a loan 2 years ago for the purchase of my first home. Business started getting really slow the last year. I just had my son born on december 27, 2009 and now have another one coming in 8 months. With business being extremely slow I called my bank and told them my situation hoping they could extend my lown by putting a payment on the end of my lown so I wouldnt loose my home. I was informed that fannie mae (which at the time I had no knowledge of) had my interest only lown (which i got knowing that the only way i would make money on my home was by the value of my home going up on average it was going up 1% every year, so I figured after 2 years I would be able to make $50,000 profit and either sell my home or refinance to get out of my interest only loan. Now that the value of my home has depreciated about $40,000 and I have paid the bank around $20,000 in interest and i havent been able to make the last 8 payments. I am not in a very good situation. It turned out that I wasnt the only one whose business was slow. It was because of loans like mine that everyone was loosing their homes. I am lucky enough that i havent lost my home. I just got something in the mail today saying that i am approved for a home loan modifcation and the deliquent payments are going to be added to the end of my lown making my home loan for $276,000 (259,500 was the original loan) my interest rate will start off for the first 2 years being 2.75% then going up 1% every year until it caps off at 5.25%, they also made it a 40 year loan instead of a 30 year loan. making it so i wont own my home until I am 70 years old (if can even work construction at that age) the papers i got said nothing about a prepayment penalty and doesnt have very much information on it. I need to sign it in presence of a notary public by 8-20-09 not much more about the papers exept it has Mortgage Electronic Recordings Systems, Inc. on it. I am thankfull that I have not lost my home, but my home is worth probably 230,000 and the lown amount is going to be 276,000 and its not going to be paid off for 40 years. Not knowing anything about MERS I dont know If i should sign the papers. I dont want to get myself in an even worst situation.

    • timothymccandless August 16, 2009 at 3:55 pm #

      If you are in default then you don’t have much of a choice. The 111 day clock is running. Do the deal make the payments and then try for a short sale down the road. If the deal makes sense for you as compared to renting go for it and then if it doesn’t work out you could reapply for a loan mod again later. Once again you need to stop the foreclosure clock

      • Marie October 18, 2010 at 6:09 am #

        My mortgate is held by PHH and MERS is also listed. I have been trying to work with PHH at least since July to help me. I have not gotten any responses from them. I have filled out and sent in all the paper work they requested, some twice. I have manage to get thru to a human once and he told me on 9/21 that someone named Andrew was working on my file and it could be as many as 60 days before they would come to a decision. With in two days of that call I got the letter of forclosure from an Atty. Which said I had 30 days from that letter to respond which would be 10/20 something. Last wk I got a letter fromthe Atty that my sheriff sale was set for 11/24. WOW, they work fast. This is my first home and encounter of this stuff. I have no idea what to do since I can never get thru to talk to “Andrew”. Please give me some idea what to do and where to start.

    • giles farmer February 12, 2010 at 9:57 am #

      shouldnt he be asking, “produce the note”?

  8. Judy Fillinger September 7, 2009 at 6:01 pm #

    MERS essential business plan has been slammed by a number of courts. Florida allows MERS to foreclose only where it can show possession of the actual note, and not standing merely as nominee. MERS V. Azize, 965 So,2nd 151 Other foreclosing creditors do not even have to notice MERS in Arkansas and Kansas because it does not hold the note. Kansas, Landmark National Bank v. Kesler has a full discussion of MERS peculiar “rights” and powers. August 28, 2009. See, Arkansas MERS, INC. v. Southwest Homes of Arkansas. New York courts have raised numerous issues. For instance, MERS frequently only assigns the loan from Bank A to Bank X months after a foreclosure action is already filed by Bank X. It is simple fraud on the court because the loan was actually electronically assigned soon after the note was signed. However, the court holds Bank X to their word and demands an explanation from one in corporate capacity why Bank X purchased a loan at full face value which was already in default. Wells Fargo v. St. Aubin, 2009 NY Slip Op. 50197(U); Wells Fargo v. Guy, 2008-NY-0505.191; Deutsch Bank v. Campbell 2008-NY Slip Op 52506(U) More damning, the court has demanded to see the agent’s letter of authority to make the transfer. Deutsch v. Campbell, supra. This is problematic because MERS does not have any agents per se, but merely deputizes either Bank X or the loan servicer to make the transfer. Embarassingly, the MERS “agent” is thus often an employee or attorney of the plaintiff. Bank of New York v. Mulligan 2008-NY-0606.083; HSBC Bank v. Perboo 2008-NY-0715.037.
    MERS probably cannot legally do what it offers as a service, the power to transfer realty without recordation under the very careful and rigid law of that has protected real estate for 400 years. Took them only a little more than a decade to show that there were good reasons for those rules. This nation’s early days were full of vast real estate speculations. But this allowed speculation in a way never before possible. Now the courts are so clogged with foreclosures that creditors rights and remedies are a fiction. Florida found that MERS often could not find the original notes, just the assignments of mortgages. Statute of Fraud and all that. Deficiency judgments are no longer sought. Just demanding the original paperwork can delay a case so long that debtors recoup their downpayment during the wait by living in the premises for free. As people begin to realize that the banks are in a very weak position, they have begun to walk on those 06-07-08 mortgages. Smart banks are marking to market and rewriting loans, but the national banks, the TARP-ers, idiots as always, are still talking tough and accumulating non-performing properties that they cannot maintain or often even protect.

    • giles farmer February 12, 2010 at 10:00 am #

      excellent post

    • Gustavo Cuenca July 25, 2010 at 11:05 am #

      Can someboby explain to me this?
      “MERS is a separate corporation that is acting solely as a nominee for lender and lender’s successors and assigns.MERS is the mortgagee under this secutity instrument.MERS is organized and existing under the laws of Delaware,and as address and telephone number of P>O>BOX 2026,Flint ,MI 48501-2026 tel (888) 679-MERS “( art. C my mortgage doc.)

      “Lender is AEGIS WHOLESALE CORP. (ART.D my mortgage doc)

      Now..
      U.S. BANK NATIONAL ASSOCIATION AS TRUSTEE OF CERTIFICATEHOLDERS OF LXS 2006-4N filled a foreclosure case against me and my wife (02/15/2008) in which MERS “acting solely as nominee for AEGIS WHOLESALE CORP” SHOW AS DEFENDANT ALONG WITH US. (?)

      I miss something ?

    • Haji February 27, 2011 at 6:04 am #

      Can you use the “MERS” close as a basis to stop paying mortgage when you challenge it in court. Please advise. Thank you.

  9. Eduardo Montez September 22, 2009 at 6:59 pm #

    Does this mean that anyone who got a foreclosure notice from MERS and lost their house can sue to get it back? And that anyone who bought such a foreclosed house can sue MERS for fraud?

    • giles farmer February 12, 2010 at 10:02 am #

      you could try, but they will argue you agreed by default. but dont let that stop you, sue them anyway maybe theyll settle just to avoid opening a can of worms

  10. Maja November 4, 2009 at 3:17 pm #

    Chicago is so corrupt that the courts aren’t listening to anything we are saying
    the attorneys for MERS actually plaed the case on hold and never reactivated it which is requried by law, the judge allowed them to move forward. We had to appeal, but the appellate courts are doing the same thing. We have written everyone we know to write no one outside of the Patrick Fitzgerald office who stated it’s not the area. Please help we are still in our home….but we need to know who can and will stop this fraud.

    • giles farmer February 12, 2010 at 10:05 am #

      appeal appeal all the way to the Supreme Court of the State, and then the federal system for constitutional violations. we have the right to equal protection of the law and due process for civil matters as well.

  11. Dennis Steinke December 23, 2009 at 1:17 pm #

    Hello,
    I was surfing the web & found your site. I have read about Timothy McCandless & his plight with ‘MERS’. I filed my Chap.7 Bk. in Apr. 2, 2009 & received my “Discharge of Debtor” papers from the Court on July 30, 2009. I am still using the B.K. Court as a court of equity to continue my motion’s against attorney’s representing ‘MERS’. The attorney’s for ‘MERS’ filed a motion to lift automatic stay in my case in June 2009 & it was granted. I filed a motion to oppose & the (corrupt Judge) denied my motion because he said I file my motion late, after the 14 day period. I filed on the 10th of July, 14 days before the hearing & the judge said he needed it in his hands on the 10th & did not get it until the 13th. I am a pro-per in my case, litigating on my own & not an attorney, that is subject to the courts ruling. I found an address for ‘MERS’ in Sacramento, CA, then misplaced it. On Dec. 7th, 2009 I had a hearing on a motion 2004(b) for an examination of ‘MERS’ & attorney’s representing ‘MERS’. As of Dec. 8 the judge granted my motion to examine ‘MERS’ & their attorney’s. I have not yet had these alleged corps. served with subpoena’s. I have the address’s of the attorney’s & no address for ‘MERS’ in Sacramento, CA. I called phone directory & they had no listing for ‘MERS’ in Sac., CA or any other listing for them in the state of California. Do you have information of where I can serve ‘MERS’? I would appreciate forwarding this info to me. Thank you for your time in this matter.
    Best Regards,
    Dennis Steinke

    • giles farmer February 12, 2010 at 10:24 am #

      thats another very good point!!! use the Bankruptcy court to challenge the mortgage claims, make them “produce the note’in bankruptcy. very clever

    • Elyse February 18, 2010 at 6:42 am #

      From what I have learned, MERS is not licenced to do business in California.
      I found this address on their Website, hope it helps:
      MERS
      1818 Library STreet, Suite 300
      Reston, VA 20190

      We need to get the attention of the PEOPLE…so, my idea is DO NOT PAY TAXES IN APRIL!!
      If this effort can be spread, the news will jump on it because NOT PAYING TAXES has never been done on the widespread effort.
      There are 60 million mortgages with MERS so if 60 million homeowners DO NOT PAY TAXES, it will get attention because there are not enough jail cells to hold all of us!!
      The Courts are slow and the Judges may be paid off, let’s get real here! It happens all the time…
      Take the fight to the media by not paying and believe you me, the newspapers will finally cover this, there are too many of us!!

  12. Peter Schaps February 5, 2010 at 7:06 am #

    Found this link about what the foreclosure attorneys and their banking buddies in Minneapolis, Minnesota may be up to regarding the sale and possible skimming of of millions in profits on “foreclosure flipping” then gorging on TARP burgers.
    We served foreclosure papers everyday and were curious why we see sales that are underbid by huge amounts on a regular basis. I wish my old buddie Kevin Lamson was still with us, as he was a junkyard dog in exposing crooked lawyers and bankster buddies.

    http://www.youtube.com/user/InflationUS#p/a/u/0/01sddqnMMjw

  13. TOMMY HENDERSON February 17, 2010 at 8:34 am #

    how can i find an attorney is new jersy that..will fight mers and that really gets it! also someone that can appeal a sheriff by a sevicer …that represent the …lender

    Thanks

  14. vt March 6, 2010 at 8:09 pm #

    Timothy:

    It is worse than you can imagine. Go to the website and read the first two articles.

    For a full list of MERS Board of Directors and A-Z Member Banks go to:

    http://chinkinthearmor.net/2010/03/04/list-of-mers-board-of-directors-and-a-z-list-of-mers-member-banks/

  15. Bryan McManis March 8, 2010 at 12:50 am #

    I am a Certified and Bonded Process Server in the 5th Judicial Circuit located in Ocala, Florida.

    We can Server MERS or Mortgage Electronic Registration System in all 50 States.

    The Registered Agent is Located here in Ocala, Florida which is the Secure Documents Recording and Storage Facility.

    You get a Notorized Return of Service Affidavit and Return via USPS Priority Mail Service Trackable.

    Magnus Process Serving
    4508 SE 2nd PL
    Ocala, Florida 34471

    $55 Flat Rate Fee

    352-624-1884

  16. Bryan McManis March 8, 2010 at 12:52 am #

    I am a Certified and Bonded Process Server in the 5th Judicial Circuit located in Ocala, Florida.

    We can Serve MERS or Mortgage Electronic Registration System in all 50 States.

    The Registered Agent is Located here in Ocala, Florida which is the Secure Documents Recording and Storage Facility.

    You get a Notorized Return of Service Affidavit and Return via USPS Priority Mail Service Trackable.

    Magnus Process Serving
    4508 SE 2nd PL
    Ocala, Florida 34471

    $55 Flat Rate Fee

    352-624-1884

  17. ALI June 18, 2010 at 3:16 pm #

    I need a lawyer at my prove up hearing where can I find one in California?

  18. Anna June 22, 2010 at 11:24 am #

    I am in Florida & Liquidation Properties Inc. is trying to foreclose on us. They filed that they lost the note & asked the court to reinstate. They have since filed a adusted rate rider note from a refi we did saying this is the original note. They also filed two assignments of mortgage the first one was Citi Residential lending as attorney for Argent Mortgage transfered assignment of mortgage to MERS. They then produced an assignment of mortgage from MERS to Liquidation Properties Inc who is now trying to foreclose. Can MERS transfer assignment of mortgage to someone else? We have a court date Aug 2nd 2010 it is now June 22nd running out of time. What should I file?

    • Anna June 23, 2010 at 6:26 am #

      The REFI lender Argent Mortgage assigned the mortgage to MERS. MERS then assigned the mortgage to the party suing me….. If MERS cant do that What can I file with the court? I am disabled & can not afford an attorney, can someone please help? I am in Florida.

    • Dennis July 24, 2010 at 9:31 am #

      You must dispute the assignments from Mers

  19. Dennis July 24, 2010 at 9:34 am #

    I can give you an idea and the case Law against MERS Its worth the shot

    • Vinod Patel January 8, 2011 at 5:34 pm #

      I just got a letter stating MERS has assigned the foreclosure rights to a different Trustee in California. Can I dispute this assignment?
      It appears because of the problems MERS is encountering in other States they have decided to take this step.
      Thanks for any cases and ideas

  20. Brenda Long August 5, 2010 at 6:17 am #

    Today ,8-5-2010,I was delivered a summons and complaint. I need to know how to respond to these people, within 20 days. The sheriff sale is already schedule for sept. 1, 2010. I believe I am in a “forclosure by action”.
    I paid a lump sum of 8600.00 in january 2010,these funds were applied only to penalties and late fees, then when reorganizing the loan they added 15,000 onto the principal amount,which made my payment larger than the original.My home is mortgaged at 204,000 now and valued at maybe 120,000.

  21. Judy October 3, 2010 at 5:09 pm #

    It is my belief MERS is an illegal scam operation that is so criminal and devious, few judges have the learning and ability to sort through the massive scheme of fraud. It nearly takes a person with a Doctorate in Finance to understand the fraud. What makes this whole matter sickening, is the courts are refusing to deal with the fraud because the fall-out could be a depression on Wall Street that the great depression would never compare. Judges are trying to save the nation from massive bank failures and a collapse of Wall Street. The crumbling of Bear Stearns is nothing compared to what can happen as a result of the creation of MERS. The Federal government has a duty to bring MERS to his grave. The Congressman from the 50 states have a duty to begin House and Senate hearings on the fraud of this company. If this is not done, the land titles to millions of homes will be dirty for many, many years. I think it is time for Congressional action and hearings. Will the President of the Senate and the House have enought courage to bring this into the national spot-light? Do they even have the courage to bring in MERS and make them walk the plank?

    Viva America, death to MERS….

  22. Peter Schaps October 26, 2010 at 2:00 pm #

    In memory of my friend Kevin Lamson, rest in peace.

    http://www.ritholtz.com/blog/2010/10/what-is-mers-and-what-role-does-it-have-in-the-foreclosure-mess-hint-it-holds-60-of-all-mortgages-but-has-zero-employees/

    The link provides explanation in laymans terms on just what the banksters have been up to as far as their “Frankenstein” creation known as MERS “its alive”

  23. Peter Schaps February 24, 2011 at 2:01 pm #

    In the event that I would wish to tender my payment in full for the full amount remaining on my mortgage in receipt from the lender the “original note” stamped “PAID IN FULL”. This would seem to be my right and to have been a common practice before MERS came upon the scene, in this event, if the lender could not produce the “original note” how are we to settle. ?

  24. SarasNavel August 1, 2011 at 9:42 am #

    According to a policy update issued yesterday by the Mortgage Electronic Registration Systems (MERS), “no foreclosure proceedings may be initiated in the name of MERS and no legal proceedings in a bankruptcy may be filed in the name of MERS”

    http://www.rejournalonline.com/mers-bows-out-of-foreclosures-bankruptcies/

    Source is at the link, didn’t want to cheat them out of the click since I found it on their site. Or Google, considering the source & link…. :)

  25. lowanda frerson October 31, 2009 at 11:27 pm #

    MY NAME IS LOWANDA FRIERSON
    I HAVE BEEN READING YOUR ARTICLES ON MERS. MY QUESTION IS DOES IT MATER IF MERS WAS NOT NAMED ON THE DEFAULT OR THE SALE OF MY PROPERTY? MERS APPEARED ONLY WHEN I FIRST BROUGHT THE PROERTY. IT APPEARED THAT COUNTRYWIDE WAS THE ORIGINAL HOLDER BEFORE THE TRANSFER TO WASHNGTON MUTUAL. ON THE DEED IT SAID AFTER RECORDING SEND TO COUNTRYWIDE. MY FORECLOUSER TOOK PLACE AUGUST 12TH. THEY GAVE ME 90 DAYS BECAUSE I TOLD THEM THAT I HAVE A TENANT THERE. I WOULD LIKE YOU TO REPRESENT ME. I NEED YOUR HELP

  26. Marcy Gardner April 15, 2010 at 12:10 pm #

    I am in court now with my lenders.They file to sustain my case with a demuerrer. Can you represent me?

  27. Gloria Tyler November 13, 2010 at 11:32 am #

    I am now in court with GMAC, MERS, Ocwen, title and escrow companies and does 1-100 with the demurrer. They claim the same thing that they claim in every case, “Failed to state a proper cause of action.”

    Can you help me?

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