Open Letter to MERS, Freddie & Fannie Re: Abuses and Forgeries By MERS Officers in Mortgage Foreclosures

Can’t say you didn’t know, not that you don’t already…

Lynn E. Szymoniak, Esq.
The Metropolitan, PH 2-5
403 S. Sapodilla Avenue
West Palm Beach, Florida  33401

Mr. Ed Albrigo
Senior Vice President
8200 Jones Branch Drive MS 200
McLean, Virginia  22102

Mr. R.K. Arnold, President and CEO
Merscorp, Inc.
1595 Spring Hill Road, Suite 310
Vienna, Virginia  22182

Marianne Sullivan
Senior Vice President
3900 Wisconsin Avenue
Washington, D.C. 20016

September 6, 2010

Re: Abuses and Forgeries By MERS Officers in Mortgage Foreclosures

Dear Mr. Albrigo, Mr. Arnold and Ms. Sullivan:

I am writing to you in your capacity as members of the Board of Directors of MERS.

This letter concerns certain widespread abuses by individuals using MERS titles.

After extensive research regarding Mortgage Assignments prepared in Alpharetta, Georgia, purportedly signed by MERS certifying officers, it is apparent that:

1.  There were widespread forgeries by individuals who signed over a million Mortgage Assignments as MERS officers with many different individuals signing the same four names: Linda Green, Korell Harp, Jessica Ohde and Tywanna Thomas;

2.  The individuals signing these names also used many different MERS titles,   with Linda Green, Korell Harp and Tywanna Thomas claiming to be authorized by many different lenders to convey mortgages as MERS officers;

3.  The information on the Mortgage Assignments is false particularly regarding the dates on which mortgages were conveyed. In several hundred thousand cases, Assignments to Residential Mortgage-Backed Securitized Trusts state that the Trusts acquired the mortgages AFTER foreclosure litigation was filed by the Trusts.  This has resulted in a tremendous backlog of cases as the wrong parties often file the foreclosure actions.

These Mortgage Assignments are being used extensively in foreclosure actions in Florida and other states.  Because of the apparent authority of MERS, these assignments are most often assumed to be correct by judges.  Because so many foreclosure litigants are unrepresented by counsel, these Mortgage Assignments are going unchallenged even though they are obvious forgeries.

Please carefully examine the attached mortgage assignments signed by Linda Green, Korell Harp, Tywanna Thomas and Jessica Ohde as MERS officers as these examples plainly show many variations of the Green, Harp, Ohde, and Thomas signatures.

Many of the MERS job titles that have been attributed to Linda Green are listed in Schedule A attached hereto. Many of the MERS job titles that have been attributed to Korell Harp are listed in Schedule B.  Many of the MERS job titles that have been attributed to Tywanna Thomas are listed in Schedule C.

TIME IS OF THE ESSENCE.  There were nearly 11,000 mortgage foreclosures granted in Palm Beach County, Florida in the last six weeks.  Many of these foreclosures were granted based on these Mortgage Assignments signed by individuals using MERS titles.  It is apparent that these signatures and MERS titles are misleading judges and homeowners. The Palm Beach County experience is
occurring throughout the country.

The Florida Attorney General is investigating fraudulent documents used to “facilitate” foreclosures.

Most often, in Florida, these fraudulent Assignments are used by the same law firms that are hired by Lender Processing Services, in its role as a foreclosure management company.  In Florida, the firms that most often use these documents to foreclose are the Law Offices of David J. Stern, Florida Default Law Group, Shapiro & Fishman, and the Law Offices of Marshall Watson.

All four of these law firms have also been named by the Florida Attorney General as being under investigation for using fraudulent documents in foreclosures.

I am prepared to brief you or your designees fully on my research.

Thank you for your attention to this most serious matter.

Yours truly,

Lynn E. Szymoniak



Open Letter to MERS, Freddie & Fannie Re: Abuses and Forgeries By MERS Officers in Mortgage Foreclosures
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5 Responses to “Open Letter to MERS, Freddie & Fannie Re: Abuses and Forgeries By MERS Officers in Mortgage Foreclosures”
  1. qwester says:

    What responses did Lynn get from those biggies? None at all, I’ll bet.

  2. Lit Gant says:

    MERS cannot transfer a mortgage or note into a securtized trust after its closing date. The closing date on this Trust is February 28, 2007. A good attorney can take care of this fraudulent assignment.

    MERS is a nominee for the mortgage and is so named on the mortgage. But MERS is not named as the nominee on the Note. MERS has no authority to transfer over any Note unless it has actual possession as a holder in due course. If MERS pretends to make an assignment of the promissory note it must then show how it came into possession by assignment and state the amount of consideration it paid for it. It must also state how much the assignee paid MERS for the value of the Note assigned.

    This is how shyster judges are bamboozled with assignments they know nothing about and could care less. A good attorney should be able to take care of this assignment with some interrogatories.

    Not intended to be legal advice.

    Lit Gant

  3. Lee Phillips says:

    A new assignment of mortgage was filed in OR Book 8401 Page 1991 on August 20,2010 in Pasco County, Florida. Whitney K. Cook is the Assignor for MERS solely as the Nominee for Southtrust Mortgage Corp. d/b/a Equibanc Mortgage. The Attorney that filed this Assignment of Mortgage is Shapiro and Fishman, LLP 4630 Woodland Corporate Blvd. Suite 100 Tampa, FL 33614.
    The phone number for Whitney K. Cook is 614-776-8766. This is her direct number and she is employed by Chase Home Mortgage in Ohio.
    EMC is the Servicer and they sent paperwork stating that all correspondence will be with Chase Mortgage. Bank of America and Chase are the same entity.

  4. JamesForeclosure says:

    How do I get a hold of Lynn? I have John Kennerty (fraudster) on my foreclosure documents!

  5. Lit Gant says:

    The more I think about MERS the more I think of the old bowery thugs down on the wharf on Long Island. Here we have a private corporation controlled by government agencies. My God, how can we beat corruption when on the high end, the criminals are defended by government lawyers? MERS is a national mafia and using judges and courts as their body guards. My recommendation is that in the future all American refuse to do any mortgage where MERS is the nominee. Just do not do it. And my other recommendation is to vote out every judge not sitting no matter if they are in foreclosure courts or not. This includes all state supreme court judges. Send them all back home to a strip mall office.

    I appreciate everything you and Lisa are doing. That girl is awesome!

    Lit Gant

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