Matt Weidner – Fighting With The American People

Posts Tagged ‘MERS’

The list of lawsuits against MERS just keeps on growing and growing and growing.  Attached below is the latest attempt by 14 counties in Texas to recover monies they claim are due from MERS.

For all of you new to the whole MERS as the villain game, I encourage you to google MERS v. Azize and read what a good judge from right here in Pinellas County had to say about the whole MERS thing.  I encourage everyone in this country, especially all those elected officials that remain content to continue accepting the lies and the catastrophe presented to us by the banking sector and their attorneys to ask  yourselves,

What if the world had listened to Judge Walt Logan in his 2004 opinion, MERS v. Azize?

And now from the complaint itself:

Kentucky counties are charged with maintaining a property records system that provides Kentucky citizens with accurate notice of property interests in land. Kentuckyspecifically requires that all mortgages be recorded in the county clerk’s office: “All deeds,mortgages and other instruments required by law to be recorded to be effectual against purchasers without notice, or creditors, shall be recorded in the county clerk’s office…” KRS382.110(1). After the initial recording of a mortgage, Kentucky law requires that all assignmentsof a mortgage be recorded in the county clerk’s office, KRS 382.360(3), and that a fee be paidfor each assignment by the assignee. KRS 64.012(1)(a)

FULL COMPLAINT HERE

Why do I take loud and consistent shots at very powerful parties like the attorneys general from all across this country and against the very powerful mortgage banking real estate industrial complex?

Because at the end of the day, all that they are doing is going to lead to very violent, very disturbing legal, social and economic consequences.  It is indeed dangerous for me to continue speaking out so loudly, they will come after me and they have come after me, but I have a duty and I allegedly have a right to speak my opinion loudly and persistently, but that right is a delusion.  In this fascist nation, dissenters are crushed, marginalized, punished.

I also feel a duty as an attorney, as a member of the Bar.  Lawyers took an oath to protect and defend.  To put themselves in the shoes of those who are less able to fight and fight for them.  This duty should be respected and the lawyerly, thoughtful discussion of important societal, legal and economic issues of our day should be protected, but lawyers are persecuted for engaging in these discussions on your behalf. God help this nation for that fact.

Notice I didn’t say, “may lead to”. I said “will lead to”.

This is as clear as day.  You cannot continue to heap injustices upon a people, you cannot destroy the foundations and basic elements of a people’s law and not have those people finally rise up in protest.

Next to food and family, no other human need is as primal and deeply rooted in our DNA as the need for shelter and security.  This mess called fraudclosure is attacking our DNA. Every time an American hears another example of government-sponsored fraudclosure apologism, it hits a nerve, just like when the dentist hits a nerve.

But the big people, the adults at the big people’s table don’t seem to get it. They think they can negotiate the terms of surrender with their criminal counterparts at the banks, then present a present to us all and we will all sit back, lap it up and thank them for their effort.

NOT GOING TO HAPPEN, CONFLICTS WITH DNA

There are a few that get this and are continuing to pound the drum…..like Naked Capitalism:

I got a call from an attorney in Texas who has done both class action and title clearing for oil and gas rights deals (hence he’s seen MERS up close and ugly) having a Howard Beale moment over the mortgage settlement.

He said he was convinced if the settlement went through, it would be seen as the day when property rights were shown to have no meaning and it would eventually lead to social upheaval. I’m not sure many people in the heartlands will react as viscerally as he did, but when you undermine the foundations of a society or to use the Biblical metaphor, sow the wind, you can expect to harvest a whirlwind.

NAKED CAPITALISM

Is Canada accepting applications?  How Bout Mexico?  China?  This place is toast.  A white collar criminal corprotacracy that makes us all slaves to a corporate machine that will not be slowed down and certainly will not stop.

I find the news that attorneys general from 49 states will sign a settlement with the banks most offensive.  I’m sorry, I thought this was a government Of The People. I thought we had a say in things….I’m certain I read that somewhere.  But that’s an old dream.  Today, the criminals negotiate directly with the prosecutors…such as they are and we just sit back and wait for their pronouncement, like some oracles on high.

It’s a sick and despicable state of affairs, our national descent into hell is only hastened.  Not much you can do now…the fix is in.  They all own us. There are no leaders, only minions of the evil machine….

Keep in mind, it’s not just everyday Americans that are hosed by this deal, it’s investors who are being hosed to pay for this garbage. It sets up a good old fashioned taking of private property….scary huh?

Well, hopefully the big, well-funded investors will stand up and fight this insanity..because the little guy has no seat at the table and won’t stand a chance of fighting back…..

12 Reasons to Hate The AG Deal

This weekend, attorney generals from across the country are being blackmailed, extorted, pressured into signing onto off of the settlements with the banksters.

Keep in mind folks, that we’re not talking about teensy weensy violations of itty bitty parts of the law that don’t matter like jaywalking.  These are crime scenes….

But while they sit on their secret phone call hammering out the details on how Americans are gonna get hosed once again, let’s just review some of the details that are part of existing lawsuits:

(Now there’s a real gem down there at the bottom. Let’s see who can pick it out.)

The lawsuit specifically charges that the defendants have engaged in the following fraudulent and deceptive practices:

• MERS has filed over 13,000 foreclosure actions against New York homeowners listing itself as the plaintiff, but in many instances, MERS lacked the legal authority to foreclose and did not own or hold the promissory note, despite saying otherwise in court submissions.
• MERS certifying officers, including employees and agents of JPMorgan Chase, Bank of America, and Wells Fargo, have repeatedly executed and submitted in court legal documents purporting to assign the mortgage and/or note to the foreclosing party. These documents contain numerous defects, including affirmative misrepresentations of fact, which render them false, deceptive, and/or invalid. These assignments were often automatically generated and “robosigned” by individuals who did not review the underlying property ownership records, confirm the documents’ accuracy, or even read the documents. These false and defective assignments often masked gaps in the chain of title and the foreclosing party’s inability to establish its authority to foreclose, and as a result have misled homeowners and the courts.
• MERS’ indiscriminate use of non-employee “certifying officers” to execute vital legal documents has confused, misled, and deceived homeowners and the courts and made it difficult to ascertain whether a party actually has the right to foreclose. MERS certifying officers have regularly executed and submitted in court mortgage assignments and other legal documents on behalf of MERS without disclosing that they are not MERS employees, but instead are employed by other entities, such as the mortgage servicer filing the case or its counsel. The signature line just indicates that the individual is an “Assistant Secretary,” “Vice President,” or other officer of MERS. Indeed, these documents often purport to assign the mortgage to the certifying officer’s own employer. Moreover, as a result of the defendants’ failure to track the designation of certifying officers and the scope of their authority to act, individuals have executed legal documents on behalf of MERS, such as mortgage assignments and loan modifications, when they were either not designated as a MERS certifying officer at the time or were not authorized to execute documents on behalf of MERS with respect to the subject loan.
• MERS and its members have deceived and misled borrowers about the importance and ramifications of MERS’ role with respect to their loan by providing inadequate disclosures.
• The MERS System is riddled with inaccuracies which make it difficult to verify the chain of title for a loan or the current note-holder, and creates confusion among stakeholders who rely on the information. In addition, as a result of these inaccuracies, MERS has filed mortgage satisfactions against the wrong property.

NY AG Lawsuit

This piece here is the GEM…..let’s see how many people pick up on how big this is.

And here’s the whole lawsuit

THE QUESTION NOW IS, HOW CAN ATTORNEY GENERALS SIGN ONTO DEALS WITH THE DEVILS?

First, thing you need to do is download the ALEXA toolbar. Alexa is the Neilsen ratings of the internet.  The lower the Alexa ranking, the higher the number of people that travel on a site and the greater the credibility of the information on the site.  You need to consider a site’s Alexa ranking whenever you’re reading information and checking sources….Download the Alexa Toolbar Here

Next, you need to understand that we’re all being lied to again and again and again.  The big lie that we’re all feasting upon are the mortgage and housing numbers that are broadcast and transmitted by all the usual mainstream sources….all the numbers are lies and the economic circumstances are really much worse than most anyone is prepared to let on.

Now click on over to Naked Capitalism and read the latest post by Micheal Olenick…this post digs into the very real reality that the numbers don’t add up.  Now the real question is just what happens when the rest of the world wakes up from their drunken stupor and is forced to face the sickening reality that we’re all living in……

The turn of the year is the time to make predictions and projections. I’m optimistic that the tide will finally turn for the American middle-class, suffering silently in a one-sided economic war. I don’t think this will be because of altruism, or even justice, but rather simple pragmatism. Specifically, I believe that parasitic financial institutions have pushed the boundaries so far that they’ve put their host, the middle-class itself, at risk. One new bit of information suggests the housing front is in more perilous shape than most pundits believe.

MICHAEL OLENICK

Earlier today I posted another story of the banks breaking into a client’s home….and the disturbing news that yet again, law enforcement will not investigate, much less protect the helpless American from the abuses of the bank.

It has been just so frightening and disappointing for me to learn that we cannot count on law enforcement or courts to protect us from the banks.  As a lawyer and as a law and order kind of guy, I held these institutions in so much regard….and now we learn that this is a delusion.

The banks will do what they want.  And neither law enforcement or courts seem willing to offer any protection…..but maybe our country’s Sheriffs and Property recorders will come riding to the rescue….

For Nancy J. Becker, recorder of deeds in Montgomery County, Pa., outside Philadelphia, property records are practically sacred. So much so that her office keeps digital copies of land records dating to 1784 on four separate databases, including one 1,700 miles away. If the county seat were leveled tomorrow, she says, “I could still record documents on my laptop on the street corner with a card table.” Becker may sound tech-savvy, but to some of her constituents’ dismay, she can’t always call up a property with a keystroke and see who holds its note. That’s because more than 200,000 of her records list the lien holder as MERS, the private company that acts as a proxy for banks that bundle and sell off mortgage securities. That can make it all but impossible for a recorder to determine who really holds the paper.

BUSINESS WEEK