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Entries Tagged as 'MERS'

The MERS Mortgage Twilight Zone- Judges Not Afraid to Do What’s Right

July 17th, 2010 · 3 Comments · Foreclosure

New York trial court judges Arthur Schack and Jeffrey Spinner have received international attention for their “courageous” opinions denying foreclosure to banks when the banks present absurd foreclosure cases in front of them and demand judgment.
The really absurd thing about all the attention these judges have gotten is that there isn’t anything courageous about the [...]

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Who owns the note? AN EARTHSHATTERING NEW RESOURCE!

June 14th, 2010 · 6 Comments · Foreclosure

One of the most important issues in virtually every foreclosure case is trying to identify exactly who owns the note that the Plaintiff is foreclosing on.  This issue is almost never clear in the pleadings filed by the Plaintiff despite the fact that this issue is the central issue in the entire case.  Remember, the [...]

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Is Indymac Still A Proper Party Plaintiff?

June 9th, 2010 · 2 Comments · Foreclosure

This blog post is in the form of questions.  I am seeking help from anyone out there.  Specifically, I’m looking for “Schedule A” of the Indymac to OneWest Purchase Agreement.  This is the document that lists all the assets transferred to Onewest.  I’m working from the proposition that Indymac no longer has the capacity or [...]

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BAC Home Loans Ordered to Halt All Trustee Sales

June 6th, 2010 · 2 Comments · Foreclosure

Our friends over at www.4closureFraud.com first reported this, if only we had such courageous judges here in Florida….Read on and DREAM PEOPLE!
The full order can be found here:  Barlow
(St. George, UT) June 5, 2010 – A court order issued by Fifth District Court Judge James L. Shumate May 22, 2010 in St. George, Utah has [...]

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MERS Smackdown- Two Important New Foreclosure Cases

June 6th, 2010 · 3 Comments · Foreclosure

Both from Missouri (who knew that solid midwestern state was on the cutting edge of such an important issues?) both opinions rejecting foreclosure relief based on questionable assignments and questionable authority of agents issuing assignments. (Might be fraud, might be document creation, might be “just” creating evidence for a case) Read both here:
boxbankuptcy
bellestribankruptcy
These opinions, and [...]

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A TREASURE TROVE of MERS DEPOSITIONS~ PRICELESS AND FREE HERE FOR ALL

May 30th, 2010 · 1 Comment · Foreclosure

I want to thank and acknowledge Mike Dillon at GetDShirtz.com for sharing information and helping to get the word out…stop by his site for interesting information.
The beautiful thing about this site is pro se advocates, normal every day people, sophisticated foreclosure defense attorneys, journalists and attorneys who are just dipping their toes into the foreclosure [...]

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HOLY SMOKES- READ THIS DEPOSITION OF MERS, INC. PRESIDENT!

May 29th, 2010 · 6 Comments · Foreclosure

MERS is a dark and shadowy corporate figure playing out behind the scenes in millions of foreclosures across the country.  For an entity that has played and continues to play such a critical role in the devastation of so many American’s lives, very little is known about the company, how it operates and their internal [...]

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A Brilliant Appeal That Details The Differences Between Endorsement of Note and Assignment of Mortgage

May 27th, 2010 · 1 Comment · Foreclosure

Too many practitioners lose site of the fact that a foreclosure case is based on two separate and distinct documents, the Promissory Note or the agreement to repay an amount borrowed and the Mortgage which secures that promise against the piece of property.  Both documents are separate and each has its own distinct set of [...]

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BRAND NEW, HOT OFF THE PRESSES ANTI-MERS Foreclosure Smackdown- NY Bankruptcy Court

May 27th, 2010 · 5 Comments · Foreclosure, Mortgage News

I take very special pleasure anytime courts recognize the problems the whole Mortgage Electronic Registration System system has caused. I take even more pleasure when elements of questionable behavior by foreclosure mills and their clients are documented and recognized by the courts. Increasingly, the superior courts and federal courts are taking the time to [...]

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Foreclosure Bankruptcy Opinion- Another Chink in the MERS Standing to Foreclosure Armor

May 20th, 2010 · 4 Comments · Foreclosure

Please read here a brand new, hot off the presses Order from a Bankruptcy court judge which calls into question the whole MERS scheme/fiction.  Circuit court judges may lack the time to stem this evil tide, but remember that Federal Court judges have a whole different set of rules and abilities.
Have faith all you out [...]

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