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White Paper | The MERS Mortgage in Massachusetts: Genius, Shell Game, or Invitation to Fraud?
This comes in from Rockwell P. Ludden, Esq. of LuddenKramerLaw P.C.
This was sent to me directly from the author so if you want to replicate/repost it please honor his copyright terms that are on the
bottom of each page of the report.
It is also not the final draft so if you have any comments or corrections send the author an email, which is also at the bottom of each
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Enjoy!
www.4closureFraud.org
The MERS Mortgage in Massachusetts: Genius, Shell Game, or Invitation to Fraud?
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The MERS Secret Electronic Mortgage Society is bad, very bad. I often wonder if "non MERS" deals are even worse since the same nonsense takes place and no one even bothers to pretend it doesn't.
MERS, GMAC, ORLANS MORAN, How's that for a combo?
I put this up already but have yet to ascertain whether the auction went through on this property but I will. The Black Hats at the foreclosure mill were put on notice that any recorded foreclosure deed on the property would be vigorously challenged.
Please look at the chain of title. Poli, to MERS, mortgage and note. That is not possible. MERS has admitted in Bucci that it never holds the note. This assignment breaks the chain of title. It is impossible and it is fraudulent. MERS then allegedly assigns the Mortgage only to GMAC. So what happened to the note? Also, the date of signature by Varindar Kaur does not match the date of the notarization. The date was clearly altered and not initialed. Even if initialed, it still looks like a 12, or a 10 or a 16. It is not a 17.
This is a problem that will grow exponentially. When you register your vehicle (that can actually move) you do so at your state DMV. The funny thing about real estate is it's tendency to stay in the same place. That "real place" is where it should be recorded - not some secret database.
The 4closurefraud site hosts a weekly radio show (Saturdays 8:00 - 10:00 AM EST) that is very interesting and as far as I know the only show that focuses exclusively on foreclosure fraud.
The show last week was a real doozy. Attorneys are urged to tune in. It is a very technical and nuanced area of practice and more attys need to take off the gloves and fight the TBTF foreclosure machine.
Catch the Replay of Citizen Warriors Radio with George Babcock November 5th 2011
States opened themselves up for this by allowing the assignment of mortgages to go unrecorded and while at the same time be afforded priority protection under the recording statutes.
It would seem that people would be better versed in how incentives work at this juncture... or, alternatively, that where statutory incentive lies, it was sired by corruption.
states enjoyed the boom in property taxes and all the corruption and graft that came along with that
Exactly... this is why I dismiss all the crybaby behavior by recorders now... but but but I thought exponential growth was a permanent fixture? herp derp.
HEY ASSHOLES, WHERE THE FUCK WERE YOU FOR THE LAST 15 YEARS OR SO? Don't get to eat your cake and have it too. Reminds me of the scene on ghostbusters where they're at the hotel and catch slimer... they come out and threaten to put him right back in there... ok, fancy pants, if you want to return 90% of your tax receipts from real property transactions and property tax for the last 15 (being generous) years, then let me know... and we'll pay you the recording fees you lost... fair trade, no? Oh, you wanna keep it? ok... stfu.
Literally each and every one of them you hear from are trying to cater to popular sentiment and improve their political standing... it's like AGs grandstanding... just stfu and go run for governor already. jeez. full.retard
... but the counties and cities missed out on billions in recording fees....
Plenty of cronies at the clerks offices. I've run some queries that show a clerk appointing a process server by name (an individual not a company) hundreds and hundreds of times. Golf buddies?
Look at the database software that runs on the clerk sites. Many times it's developed by an outfit called "Aptitude Solutions". That's a subsidiary of LPS for cryin' out loud.
This really has the potential to take down the entire economy: not only are foreclosures illegal, but securitization of mortgages was faulty, and those who bought those securities have been defrauded of their monies. Y'all know the volume of what was sold: the fraud goes into the hundreds of billions.
Of course, those who perpetrated the fraud are still in business, largely as usual, and have designated flunkies (aka robosigners) who are the patsies set to take the fall.
Sure, there's a rule of law. Whoever pays the most gets the laws they need to defraud.
This destroys the basis of real estate property ownership laws, which have for the last 800 years, going back to England, always insisted that there is a clear paper trail documenting exactly who owned what when and where. Without this, there is no real estate market out there, since falsifying an electronic file is trivial for anyone who has even a modicum of computer skills. You can't falsify a publicly posted and archived paper trail without extensive criminal energy and expense, and even then you'll leave plenty of traces that cann be easily found by looking at the right places.
Truly horrific if planned and truly incompetent (and almost as horrific) if accidental.
It's already taken down... just because you're all in with the guy across the table doesn't mean the dealer is gonna throw any different community cards out there... the deck has already been shuffled. We just have to go through the process of turning over the cards.
And the State AG's, presumably at the behest of their political masters who are being paid by the Banks, want to settle for pennies. This is a major scandal which needs to see both the light of day and some perp walks.
PS. At present, if you own a home, can you actually prove it with any legal certainty? If you want to buy or sell a home, same question. It is a total mess, courtesy of Wall Street.
Yes... but you have to understand what "legal certainty" is... not the same as the certainty required of calculations used for slingshotting a manmade object around celestial bodies... in fact, I'd call it more along the lines of "preponderantly certain."
"preponderantly certain."
as in when a slice of a diced MBS has been sold so many times serially and perhaps serveral times in paralllel (same slice sold to more than one entity)....
not even using MERS each time much less using the registry in the jurisdiction in which the property is located..
... and when some of the individual loans were not transferred to the bundling trust until AFTER the legal time allowed to do so (and in some cases AFTER that loan had defaulted)..
bring on the sling shots.
Yep... you got it... all the assignees line up, the court gets blindfolded and attempts to pin the tail on the donkey... after the donkey is chosen, it is immediately fed turds from the court, cleverly disguised as underwater mortgages.
Until someone wants to eat the turd, no one is gonna get standing to foreclose. Can't eat cake every meal.
Methinks MERS & Foreclosure is the issue that will confirm whether there is a rule of law in our times.
But will it be reported openly, I suggest not.
Considering the way the Obama administration screwed the secured debt holders during the Chrysler bankruptcy farce, I think we can safely say that the rule of law only applies to we, the people, and not to them, the elitists. I'm not saying that the rule of law died then, but its slow death goes back at least to December 1913 in the U.S. Mao Zedung was quoted as saying that "political power grows from the barrel of a gun". Right now political and economic powers are almost completely intertwined, and Obama controls the biggest arsenal. Sorry, but RIP rule of law.
There are no laws for corporations. Only second chances, and third, etc.
Tarp, off balance sheet accounting, mark to fantasy, you name it, if it's fraud it walks free because nobody saw it coming outside of corporate personhood.
There is no such thing as justice in the US if you dont have the means to buy or exchange for it.
Mers should wipe out an industry, but with uncle Tom in charge sucking bank dick, it will only grow larger and more corrosive.
You use fraud money, you support fraud and the criminal syndicate from top to bottom, excluding justice.
MERS WILL GET ANOTHER CHANCE GUARANTEED! NO ONE GOES TO JAIL BUT THE POOR, NOBODY.
Mission MF accomplished.
You said MERS. Let the fraud accusations begin.
If there be fraud and collusion can RICO be far away?