Foreclosure Defense Florida

HOLY BOMBSHELL- FLORIDA CLERK OF COURT SUES MERS!

AG-sues-MERSI’m shocked! DISCOMBUBLATTED, OUT OF MY MIND!

Finally, someone in a position of leadership and power is stepping up to take on the Dark Side and fight for consumers.   This guy’s invitations to political functions and secret party fundraisers will definitely not be going out in the mail this year.   HOW DARE HE TAKE ON THE BANKS AND CORPORATIONS THAT OWN FLORIDA GOVERNMENT.

I can hear the rage in the Florida Governor and Attorney Generals Offices (and the Florida Legislature for that matter):

HOW DARE HE! SOMEONE FIND A WAY TO SHUT THIS GUY DOWN NOW~!

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.

MERS LAWSUIT

8 Comments

  • Mirro says:

    This action by a Florida County Clerk is way past due. Finally, one of the Clerks in Florida is willing to take the plunge, and the hits that will come for it. To other Florida Clerks, please understand that you are failing your responisbilities if you allow the MERS ruse to continue uncontested. Reliance on our public land records has been destroyed. Thank you Duval County!

  • PATRICK FARRELL says:

    How can I get a copy of the suit?
    Can you provide a link?

  • neidermeyer says:

    When will Pam Bondi be filing an AMICUS on behalf of M.E.R.S. ??

  • La Sonna says:

    Good for him! Now If our Palm Beach County Clerk would wake up and protect the registry that would be a dream come true!

  • Doree' says:

    HALLALUYA!!! Now the Clerk’s of the State (if they win) will have a way to repay the 45.6 Million Dollars Scott gave them on Oct. 12, 2011. These fraudsters need to be held accountable. Congratulations Duval County, Jim Fuller the tax payers’ and home owners have your back!!

  • Liberty & Justice says:

    I’ll never see this in Lee County. They are still trying to foreclose on my house a full year after my case was dismissed with Sanctions! Just the other day my home showed up for the 2nd time on the Online Foreclosure Sale web site with a sale date.

    The SLOP is thick. All any of us can do is keep on top of it, stand our ground and fight back.

  • AXJ says:

    Action for Justice ( AXJ ) has been following MERS closely and understands the Courts are not making the lenders responsible for its illegal activities acting as “both the mortgagee and an agent of the mortgagee is absurd, at best.”

    In re Agard (U.S. Bankruptcy Court, Eastern District of New York)

    On February 10, 2011, the U.S. Bankruptcy Court for the Eastern District of New York considered a motion for relief from the bankruptcy stay brought by U.S. Bank as the trustee of a securitization trust. U.S. Bank claimed the right to foreclose on the debtor’s mortgage in part because of purported assignment of the mortgage from MERS. The court found itself constrained by the Rooker-Feldman doctrine to give effect to a prior state-court judgment of foreclosure, but went on to consider several arguments MERS advanced about its legal status and authority, noting that it had held off on deciding dozens of additional cases until those matters were clarified. The court found that MERS had no power as an agent to assign the mortgage under its rules, its membership agreement, or the terms of the mortgage itself. The court also found that MERS had no power as the mortgagee of record to assign the mortgage: “MERS’s position that that it can be both the mortgagee and an agent of the mortgagee is absurd, at best.”

    The court observed, “MERS and its partners made the decision to create and operate under a business model that was designed large part to avoid the requirements of the traditional mortgage recording process. The Court does not accept the argument that because MERS may be involved with 50% of all residential mortgages in the country, that is reason enough for this Court to turn a blind eye to the fact that this process does not comply with the law.” .[20]-WIKI

    This action by a Florida County Clerk is way past due. Finally, one of the Clerks in Florida is willing to take the plunge, and the hits that will come for it. To other Florida Clerks, please understand that you are failing your responisbilities if you allow the MERS ruse to continue uncontested. Reliance on our public land records has been destroyed. Thank you Duval County!

  • Now if the Clerk’s of the Circuit Court in all Florida Counties will meet the requirements of the Florida Uniform Federal Lien Registration Act as provided in F.S. 713.901(4) and section 6065 of Title 26, when considering to file into Public Record a IRS notice of federal tax lien, then the IRS will stop placing notices of liens with the Clerk’s since there is no lien in favor of the United States. All federal statutes must have a regulation to give them force and effect of law and the lien of section 6321 of Title 26 is Title 27 CFR Part 70 section 141. All of the notices of federal tax liens are fraudulently filed by the IRS for unpaid income taxes but the regulation for these liens is for unpaid alcohol, tobacco, and firearms taxes. No one is above the law! The Clerk’s have been filing these notices into record with no certification which means the notices are nothing less than heresay. I personally received a copy of one of these notices from the deputy clerk which she stamped with a County Seal to certify that the document was a true and correct copy of the document on file and signed her name. Here certification was required to authenticate that it was a exact copy. But when the notice was received by the Clerk from the IRS, no such certification existed and is tantamount to nothing but heresay. And the Clerk broke federal and state law by filing the “Notice” into the Official Records as a Federal Lien.

Leave a Reply