WHILE the Abreu v. BAC Home Loans Servicing LP (” BAC”) (3rd DCA) Appeal is pending in June 2012; after Assignment of Bid from BAC to Fannie Mae in Dec 2011; after Fannie Mae’s succesful bid in Dec 2011; and after no documentary stamp taxes paid (despite Dept Rev Code) for Assignment of Bid from BAC to Fannie Mae, a publicly traded entity (thus, loss of money to our State, Courts and Clerks; and then also no doc stamp taxes paid when clerk issued Certificate of Title to Fannie Mae, NOW ALL OF THE SUDDEN there is recorded on June 11, 2012 in Miami-Dade County (again no doc stamps paid) an ASSIGNMENT OF MORTGAGE POST FORECLOSURE SALE FROM MERS to BAC’s successor by merger, Bank of America, NA.
IF Fannie Mae has Certificate of Title (with no mention of MERS) then how can MERS assign to Bank of America, NA during a pending appeal in the Third District Court of Appeal? What I believe is happening is that they know they will lose on appeal or do a confession of error as done in other appeals so that the Third District Court of Appeal does not right up an opinion; thus, foreclosure sale will be vacated putting the case back to where it was before the improperly entered summary judgment or voluntarily dismissing case to refile after all their games. BUT how can MERS assign that which it does not have (even the first assignment of mortgage filed after Complaint was improper) and now years later they are trying to fix their case to refile that which was never proper to commence with just because they claim to hold the Note. Apparently, Fannie Mae; Bank of America, NA; BAC and/or MERS are laughing at the Courts with their games with our land title system and not having to pay any doc stamp taxes with all the multiple transfers back and forth and breaks in chain of title. Just because someone holds a blank undated endorsed note with no original signature (appears stamped signature); at what point do our Courts realize that many Plaintiff’s in the recent years of our mortgage foreclosure crisis have made a mockery of our legal system; not assured anyone who really is the rightful owner and holder of the Note (especially in cases where Defendants do not have resources for attorneys) and have not paid doc stamp taxes (thus further depriving our States and Courts of millions of dollars of funding because of their circumventional games). Does anybody have any caselaw/statutes, etc to deal with this improper Post Foreclosure Sale Assignment of Mortgage during an appeal by entity not on Certificate of Title?
WHILE the Abreu v. BAC Home Loans Servicing LP (” BAC”) (3rd DCA) Appeal is pending in June 2012; after Assignment of Bid from BAC to Fannie Mae in Dec 2011; after Fannie Mae’s succesful bid in Dec 2011; and after no documentary stamp taxes paid (despite Dept Rev Code) for Assignment of Bid from BAC to Fannie Mae, a publicly traded entity (thus, loss of money to our State, Courts and Clerks; and then also no doc stamp taxes paid when clerk issued Certificate of Title to Fannie Mae, NOW ALL OF THE SUDDEN there is recorded on June 11, 2012 in Miami-Dade County (again no doc stamps paid) an ASSIGNMENT OF MORTGAGE POST FORECLOSURE SALE FROM MERS to BAC’s successor by merger, Bank of America, NA.
IF Fannie Mae has Certificate of Title (with no mention of MERS) then how can MERS assign to Bank of America, NA during a pending appeal in the Third District Court of Appeal? What I believe is happening is that they know they will lose on appeal or do a confession of error as done in other appeals so that the Third District Court of Appeal does not right up an opinion; thus, foreclosure sale will be vacated putting the case back to where it was before the improperly entered summary judgment or voluntarily dismissing case to refile after all their games. BUT how can MERS assign that which it does not have (even the first assignment of mortgage filed after Complaint was improper) and now years later they are trying to fix their case to refile that which was never proper to commence with just because they claim to hold the Note. Apparently, Fannie Mae; Bank of America, NA; BAC and/or MERS are laughing at the Courts with their games with our land title system and not having to pay any doc stamp taxes with all the multiple transfers back and forth and breaks in chain of title. Just because someone holds a blank undated endorsed note with no original signature (appears stamped signature); at what point do our Courts realize that many Plaintiff’s in the recent years of our mortgage foreclosure crisis have made a mockery of our legal system; not assured anyone who really is the rightful owner and holder of the Note (especially in cases where Defendants do not have resources for attorneys) and have not paid doc stamp taxes (thus further depriving our States and Courts of millions of dollars of funding because of their circumventional games). Does anybody have any caselaw/statutes, etc to deal with this improper Post Foreclosure Sale Assignment of Mortgage during an appeal by entity not on Certificate of Title?