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COMPLAINT | JIM FULLER, CLERK OF THE COURT, DUVAL COUNTY, FLORIDA vs MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, MERS

4closureFraud's picture





 

Full complaint below...

From the report earlier in the week...

Some very interesting spin in this one from MERS spokesperson Janis Smith.

Her statement…

“The MERS System is not a legal system of record or a replacement for
public land records. No interests are transferred on the system—they
are only tracked,” Smith, Merscorp vice president of corporate
communications, wrote in a response to emailed questions. “MERS does
not have or maintain any document recording system, public or private,
and does not do anything to compete with or supplant the public records
for land located in the County records.”

She then goes on to say…

MERS is the true owner of the mortgage, and is not, in the complaint’s
words, a “straw man” placeholder listed in public records.“The ‘owner of
the loan’ is the party who has possession of the promissory note, but
the promissory note is not, and has never been, and is not required to
be disclosed or filed in the public records”

 

Florida Clerk, Delaware AG Sue MERS

County and state officials are turning up the heat on MERS, as recent lawsuits filed in Florida and Delaware challenge the validity and accuracy of the mortgage industry-controlled loan registry.

The most recent lawsuit was filed by a county clerk in Florida, and seeks class action status to represent the state’s 67 counties. The complaint alleges the use of MERS does not comply with state property laws and has cost municipalities millions in unpaid recording fees.

Jim Fuller, the clerk of Duval County, filed suit against Merscorp Inc.
and its wholly owned subsidiary, Mortgage Electronic Registration Systems, Inc., on Oct. 31, claiming civil conspiracy, unjust enrichment, as well as fraudulent and negligent misrepresentation. The suit also seeks a hearing to determine the validity of tracking note transfers on the MERS System and a court injunction to prohibit the use of MERS in Florida.

“MERS has usurped the rights and privileges of the Florida Clerks of Court by establishing, maintaining and inducing lenders to use its private recording system, which unlawfully interferes and competes with the public recording system,” the suit, filed in state circuit court, reads.

Merscorp spokesperson Janis Smith said the suit’s allegations are inaccurate and false.

You can check out the rest here…

Full complaint below...

Enjoy!

 

www.4closureFraud.org

JIM FULLER, CLERK OF THE COURT, DUVAL COUNTY, FLORIDA vs MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, MERS

 


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Mon, 04/09/2012 - 02:22 | Link to Comment Nylawyer
Nylawyer's picture

It will take the work of more than just a lawyer and some backers to change things, and hence anyone who is against Mer’s actions should take an active stand. Every person counts.

Sat, 11/12/2011 - 21:52 | Link to Comment Zero Govt
Zero Govt's picture

MERS is a "tracking system"... owned by mortgage industry participants who shovelled alot of money into this new entity... my what bankers and mortgage Co's are prepared to spend on administrative tracking?!!!

Sat, 11/12/2011 - 10:38 | Link to Comment chunga
chunga's picture

Below is a pretty thorough Amicus Brief addressing the MERS "Secret Electronic Mortgage Society".

In re: Mortgage Foreclosure Cases

63 pages long but it isn't possible to explain this $hit on a post card.

Tue, 09/04/2012 - 03:38 | Link to Comment ex-Texan
ex-Texan's picture

This is really cool, chunga.   I agree 100% with what you are doing and I used to follow your posts on FR which has turned out to be in the pockets of WS crooks and Banksters

Thu, 11/17/2011 - 16:27 | Link to Comment aimeesevey
aimeesevey's picture

Thats nice chunga. Thank you for posting this I will read it soon and come back with a review here.

Mortgage Fraud

Sat, 11/12/2011 - 09:16 | Link to Comment Cloud9.5
Cloud9.5's picture

I went toe to toe with a major bank for about eight years and lost my shirt, shoes and socks.  I found out several things that are true here in Florida.  I discovered that bank officers sit on judicial nominating committees and I found out that the chairmen of those nominating committees often times represent those same banks in front of judges who have applied for appointments to those very same committees

 

Those judges may wake up and smell the coffee when they come to realize that their banker friends have collapsed the real estate market that pays their salary.

 

People really need to look at USC 18 / 1014 and bank officer responsibility and liability under USC 12 / 503.

 

There is no justice there is just us.

Sat, 11/12/2011 - 11:43 | Link to Comment Cloud9.5
Cloud9.5's picture

I wonder when some plaintiff's attorney will file a class action RICO action on the above mentioned statutes?

Sat, 11/12/2011 - 10:20 | Link to Comment SamAdams1234
SamAdams1234's picture

There is no justice except when a Banker and judge fears the end of a guillotine blade.

When the foundation of real estate ownership is uncertain, nothing can be certain.

Sat, 11/12/2011 - 10:51 | Link to Comment RiverRoad
RiverRoad's picture

Ahh the guillotine blade.....quick, my knitting.  I have sweaters to make.

Sat, 11/12/2011 - 09:15 | Link to Comment tony bonn
tony bonn's picture

i love 4closurefraud and reports of justice sought, however tentative and inchoate....

Sat, 11/12/2011 - 09:03 | Link to Comment Miss Expectations
Miss Expectations's picture

Under Similar Articles You May Enjoy there is a link to a previous article about Jeff Thigpen, the Guilford County, North Carolina Register of Deeds.  He was going after MERS too.  He seems to have dropped off the planet since this happened:

Register of Deeds Jeff Thigpen Meeting with President Obama Today (June 17, 2011)

"Prior to the reception, Thigpen will be attending a special policy briefing with senior White House and Administration officials on topics including housing, immigration reform, innovation, energy, and job creation."

http://news.firedoglake.com/2011/06/17/register-of-deeds-jeff-thigpen-me...

Since this meeting, I can find NO updates on Jeff or his crusade on behalf of NC registers of deeds. 

What's up with that? 

 

Sat, 11/12/2011 - 10:18 | Link to Comment i-dog
i-dog's picture

Have you checked with FEMA? And with the County Coroner?

Sometimes there's a perfectly innocent explanation ... like a hot-tub accident ... or a hit-and-run ... or an unfortunate bout of food poisoning....

Sat, 11/12/2011 - 10:30 | Link to Comment Miss Expectations
Miss Expectations's picture

Sometimes there's a perfectly innocent explanation...attending a special policy briefing?

Check Jeff's Twitter (last tweet):

http://twitter.com/#!/jeffthigpen

 

Sat, 11/12/2011 - 11:33 | Link to Comment i-dog
i-dog's picture

Can you post it? Clicking that link requires me to *shudder* register! (I don't twit, or utoob, or gmale, or farcebook, or.... Just a quirky habit to avoid their perfectly innocent tracking, which they would do for my own safety, of course ;)

<Edit> Cancel that. Found it through google: "Thigpen to Meet President Obama and Administration Officials..." --- 5 months ago and nothing since!! Must have been something wrong with the canapes they served at that meeting...perfectly innocent.... :-/

Sat, 11/12/2011 - 12:18 | Link to Comment Uchtdorf
Uchtdorf's picture

Just look him under Google News. He is quoted as recently as November 3rd, 2011.

Sat, 11/12/2011 - 08:37 | Link to Comment optionswriter
optionswriter's picture

This is an idiotic suit.  Ms. Smith is absolutely right that there is a difference between the actual promissory note and the mortgage which is a claim on the promissory note itself.  The property is the collateral for the note.  Any first year law student could tell you that.  But understandably the average citizen would not know the difference.   I suspect this is more publicity for Mr. Fuller who will be able to tout at re-election time that he stood up for the people.  Of course all done on the taxpayer's dime. 

Sat, 11/12/2011 - 22:08 | Link to Comment Zero Govt
Zero Govt's picture

Mr Fuller appears to be representing the Registry Office and the lost fees usurped by MERS ...any "first year law student" would have read the prosecution before gobbing off (unlike you)

so Mr Fuller is not "representing the people"... nobody is doing that ...which as any first year law student would contemplate is a bit of an 'omission' regards all the private deals being struck for money behind closed doors between the fraudsters (WS bankers and MERS shareholders) and Attorney generals across the country

Ms Smith as you've not noted yet is of course representative of MERS. Given from start to finish the mortgage process was fraud all the way followed by more fraud (fraudulent signatures) after we can safely assume she's a snake oil saleswoman. To be fair given so much criminal fraud it would be hard for her to ever get near telling the truth wouldn't it peanut brain?

Sat, 11/12/2011 - 11:01 | Link to Comment RiverRoad
RiverRoad's picture

The taxpayers will happily pay for some new legislation here if that's what it's going to take.

Sat, 11/12/2011 - 00:46 | Link to Comment honestann
honestann's picture

MERS is the owner of the mortgages ???

Boy do they have balls to make such a blatantly absurd claim!  If this is true [in any way at all], this is clearly a fraudulant effort to centralize the entire mortgage market for the benefit of the predators-that-be and predator-class.  Why would they do such a thing?

The only reason that makes any sense is truly diabolical --- so they could "call in all these mortgage loans simultaneously" and thereby end up taking ownership of trillions of dollars of properties when 99% cannot pay and therefore technically default?

This is either a last-ditch attempt to pretend they haven't been doing what they have been doing, or something incredibly sinister.

Sat, 11/12/2011 - 07:55 | Link to Comment i-dog
i-dog's picture

I have long believed in exactly your "incredibly sinister" interpretation ... that the objective was and is to [fraudulently] gain possession of a massive proportion of middle-class property in America. That the streets (or FEMA camps) will await those who can't produce documented clear title ... whether they think they've paid off their mortgage or not!

Sat, 11/12/2011 - 00:15 | Link to Comment wareco
wareco's picture

Clerk loses.  There is no legal requirement that a mortgage be recorded in the public records in order to be effectual.  The only reason to record the mortgage is to give notice to the public, and thereby give the mortgage priority over a subsequently executed mortgage or judgment.  It is not against the law to not record a mortgage in Florida.

Sat, 11/12/2011 - 06:02 | Link to Comment Slartebartfast
Slartebartfast's picture

LOL!  While technically correct, your statement is completely irrelevant.  The reason the recording process exists is to maintain a repository of reliable chain of ownership documentation that has value as evidence.  Ever been involved in evidence in a court case?  The most basic requirement is reliable chain of custody of the evidence.  Without that the evidence must be considered tainted and suspect.  The County Recorder does nothing to certify the documents they record.  That is not their role.  They certify that they received the document on the date and time specified and have safeguarded it ever since.  Simple chain of custody.  

If someone shows up at Court waving a document generated on their home computer and signed by their next door neighbor claiming that they own your house, do they own your house?  One could get into a hundred legalistic and farcical arguments, but the Court would simply toss the document and be done with the case out of hand because they have no way of linking it to any legitimate earlier conveyance of property rights.  There is NO CHAIN OF TITLE reliably recorded standing as evidence.

Are you starting to understand just how completely corrupt our greedy real estate banking sector had to be to even conceive of MERS in the first place?  They tried to claim that they could do the County Recorder's job on a spreadsheet in some boiler room in the basement of some cheesy strip mall office somewhere.  Any idea how many millions upon millions of homes now have NO VALID chain of title on record anywhere because of what these people did?  This is a huge mess.

Sat, 11/12/2011 - 00:08 | Link to Comment Careless Whisper
Careless Whisper's picture

MERS is the true owner of the mortgage,

Oh really? and how much does MERS pay for those motgages? anyone? anyone? That's right, they pay NOTHING. Because they don't own shit. Ms. Smith (obviously a stage name) is a fuckin' liar. MERS is a complete scam. They have ZERO employees. They own NO mortgages. All they are is an electronic database, whose accuracy has been called in to question.

 

 

Sat, 11/12/2011 - 08:52 | Link to Comment johnQpublic
johnQpublic's picture

like al-quaeda, only different

 

 

just an electronic database, whose accuracy(and existence) has been called into question

Fri, 11/11/2011 - 23:26 | Link to Comment legal eagle
legal eagle's picture

Cases are beginning to be filed by folks who bought foreclosures and have clouded titles, the next shoe to drop

Sun, 11/13/2011 - 19:33 | Link to Comment Goner
Goner's picture

Bevilacqua v. Rodriguez from the Massachusetts Supreme Court

http://www.massrealestatelawblog.com/2011/10/18/what-now-bevilacqua-v-ro...

Fri, 11/11/2011 - 23:08 | Link to Comment jeff montanye
jeff montanye's picture

has this anything to do with jacksonville's new mayor, alvin brown?  it seems a potentially positive development.

Fri, 11/11/2011 - 22:07 | Link to Comment cranky-old-geezer
cranky-old-geezer's picture

 

 

...which unlawfully interferes and competes with the public recording system

So where is the criminal indictment?

Sat, 11/12/2011 - 01:07 | Link to Comment Dirtt
Dirtt's picture

Sometimes it is easier to nail down the civil violations.  The burden of proof is lower.

Of course any dickhead could be prosecuting the mortgage industry et al under the RICO Act.  But who in their right mind would go toe to toe with the mafia. Even Marco Rubio knows two courses of action: 1) Keep your nose out 2) Keep your nose clean.

 

Fri, 11/11/2011 - 20:14 | Link to Comment jez
jez's picture

I wonder if this "Janis Smith" exists, or if it is a robo-spokesperson.

Suspiciously generic-sounding name. Bit like "Linda Green".

". . . the promissory note is not, and has never been, and is not . . ."

See, the robot hiccuped there. A human spokesperson wouldn't produce garbage like that.

Sat, 11/12/2011 - 08:54 | Link to Comment johnQpublic
johnQpublic's picture

sure they would

 

see presidential debates for proof of this point

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