MERS Responds to Essex Co., Mass. Announcement | Company in (NON) Compliance with Purpose and Intent of State Recording Acts

MERS Responds to Essex Co., Mass. Announcement | Company in compliance with purpose and intent of state recording acts

Contact: Karmela Lejarde

Reston, Virginia Feb. 25, 2011—MERS has not received any direct legal communication regarding Mr. O’Brien’s February 22, 2011 announcement. The use of MERS is in compliance with the purpose and intent of the state recording acts. MERS intends to fully defend itself against these unfounded allegations.

It is not the case that recording fees are somehow owed or outstanding. All MERS mortgages are recorded in the public land records, and MERS members pay recording fees when the mortgage is recorded. Fees are paid for a service performed, and if a document is eliminated because it is no longer necessary, no fee is due because there is nothing to record. We believe it is wrong and unethical to seek money for services that were never rendered, and in fact, MERS greatly reduces the workload of county recorders, resulting in lower operating expenses for the county recorder’s office. Moreover, it would be the borrower who ultimately pays the costs of recording assignments, either directly or indirectly.

When MERS is the mortgagee, the mortgage is recorded at the county land records, thereby putting the public on notice that there is a lien on the property. The MERS® System also complements the county land records by providing additional information that was never intended to be recorded at the county level, namely the information about the mortgage loan servicer, and now, with the addition of MERS® InvestorID, the name of the investor.

Doesn’t that make you feel all warm and fuzzy inside?


37 Responses to “MERS Responds to Essex Co., Mass. Announcement | Company in (NON) Compliance with Purpose and Intent of State Recording Acts”
  1. Tim Bryant says:

    Prepare for the new and improved MERS. CT Corp, a registered agent for MERS (in MA, at least), just announced the release of their new “iLien Red”. You can review this system…

    Here is the infamous nominee/assignee clause, “In addition to iLienRED, we also offer a complete file review of any pool of loans to ensure they are exception free. And with proper permissions, CT Lien Solutions can even sign, print and mail documents on a firm’s behalf.”

  2. MAGGIE SIMI says:

    I had a brief first love. didnt remember him till i had to write about it for the cops:))) That must suck!!!

  3. MAGGIE SIMI says:


  4. MAGGIE SIMI says:

    Its not a conspiracy theory….good thing is all the secret societies r at war greed greed greed! Ratting each other out!

  5. l vent says:

    It looks to me like we are all allowing these aholes to drive us all nuts over an unsecured mortgage debt. Think about it people, the mortgage debt is unsecured. It is all a big sham and a fraud. We are allowing them to use Nazi type intimidation tactics on all of us. Not being able to pay and unsecured debt is not a crime and this crisis was not of our own making it was engineered and manufactured. They intentionally set us up to fail. Time for all of us to think outside of the box. They are playing psychological games with all of us to try to control us. Does anyone remember Matt Taibi’s Rolling Stone article a few months ago about this very subject. They want us all to be afraid and feel helpless and defeated. Sorry I still believe this is America we are all living in, not Nazi Germany.

    • Tim Bryant says:

      I agree with I vent. The part that is driving us all nuts I believe, is the fact that our state and federal government is aiding and abetting this racketeering activity. If people had equal protection under the law, this issue would have been taken care of along time ago. I prefer to use psychological tactics on them. For instance, if you go to court, and MERS or BofA says they record ALL mortgages, ask them why there is no recording for “26 Wachusett Road, Wellesley, MA”. Then find out why there is no recording in the ROD for this same address. You won’t find who owns the mortgage or note by surfing the web, but you will be real interested in who resides there. (I love the suspense, so I will let you find out who it is!!!)

  6. Tim Bryant says:

    Let’s see…there are 21 RODs in MA. At $22 million per, that would make about $462 million they owe Massachusetts. Figure that out over 50 states, that’s about $23 billion they owe. But the states are crying about budget deficits…whaaa. How about telling MERS to pay up, and then maybe you can balance your books.

    And let us not forget the about the billions they received from their buddies in Congress, so that they can keep screwing us.

    George Washington must be rolling over in his grave. Something has got to give…and soon!

  7. Tim Bryant says:

    In MA, Land Records are public documents. Privatization of a public service is frowned upon by the Legislature. They cannot maintain a registry which does not publicly disclose all transfers of title interest. They would be required to seek a privatization contract, which they do not have. In addition, MERS is a REMIC, and to keep it’s status, cannot hold any liabilities (this includes the note and mortgage). Judges are not supposed to allow Land Records that are not “Public Records” which have been recorded. I do believe that they have caught on that MERS is an enterprise engaged in racketeering, along with the financial firms which use this strawman / bucket shop. I would love to see MERS attempt to defend themselves against the state. It would make for interesting testimony !!!

  8. agage says:


  9. agage says:


  10. MAGGIE SIMI says:

    You correct me anytime!

  11. l vent says:

    The actual entry of a loan into MERS is recorded but during the life of the loan no transactions occuring while the loan is IN MERS are ever publicly recorded.The use of MERS was a sham and very deceptive to say the least as it did not record or assign anything after MERS obtained the fraudulent loans and DESTOYED THE TITLE HISTORY, which was no doubt its intended use because I am sure they thought they would get away with it without anyone being the wiser. MERS was an intended part of the cover-up they used to try and screw us and hide the criminal history of the fraudulent loans. The main fraud occured at the origination and they used many deceptive ways to hide the origination fraud and the fraudulent inducement of the loans, such as DESTROYING THE ORIGINAL BLUE INK NOTES, MERS and new PIN#s. Looks like they really screwed themselves.

  12. Keith Davis says:

    The piece of law MERS misses by about 62 million mortgages is that § 3-302(a)(2) of the Uniform Commercial Code clearly states a negotiable instrument may not be transferred and the recipient become the lawful Holder in Due Course if “the instrument is overdue or has been dishonored or that there is an uncured default with respect to payment of another instrument issued as part of the same series” (meaning the Note and mortgage) exists. That means any assignment from MERS to anyone else because of and subsequent to a default is unlawful and the recipient may not seek perfection of the instrument.

    • alec ross says:

      You’re wrong about the UCC. It says the assignee is not a holder in DUE COURSE. But the
      transfer itself is legal and valid to transfer ownership of the note.

      • Tim Bryant says:

        MERS cannot be an ASSIGNEE and MORTGAGEE at the same time. REMICS cannot “hold” any liabilities. Further, In MA, the loan originator is the “employee” of MERS. If you read MGL 255F @ 1, Loan Originators cannot be employed by, nor represent more than 1 entity. The MERS assignments are void by operation of law as soon as the ink is dry. Unfortunately, not many homeowners have argued this point in court. In addition MGL Ch. 7 @ 52 specifically forbids, via regulation, private contractors performing public services. Since Ch. 4 @ 7, and Ch. 36 @ 12-14, require all changes and corrections to be accessible to the public, MERS is performing a public service without a privatization contract.

  13. Josh says:

    This is the equivalent of me saying “I saved your state millions by stealing from it”


  14. Now I tell MERS what I tell the teabaggers:

    1. No making up nonsense: Show your work—EVERYONE in the honest world does!
    2. Prove it or shove it!

    • They have showed their work unsecured electronic promissory notes which are not secured to a property are only a loan number os tracked to a sales agreement. That is what the database will show.

      Wells Fargo & JPMorgan dba Bear Stearns
      responsible for the creation of the MERS commercial system forcing REAL ESTATE INDUSTRY to use to get business end 2003/2004 did not record their own retail transactions as the wholesalers

      literally – loan# is what the MASTER SERVICER bought (a purchase order) for property that would be secured in the event of a default!

      Poor RKArnold probably had no idea why the big boys invested in his company that is untilnow.

  15. ForensicMortgageExaminers says:

    1. MERS’ stupid website doesn’t always provide the “additional information” they so stupidly go on about, most loans have the phrase “the investor declines to reveal their identity” (or some other bullsh*t)

    2. Fannie Mae and Freddie Mac are NOT “investors” even though their stupid website claims they are

    3. In the old system… you knew who the damn OWNER of the note was, not some stupid so called “investor” so their so called value added claim is just as full of bull as their business plan!

    • l vent says:

      An attorney I recently spoke to claims that Fannie/Freddie really only owns a dot of the shit mortgage loans and many other mostly foreign investors “own” the rest of the garbage like China, India and the Saudi’s but mostly China I agree with you though I think Fannie/Freddie merely backed the garbage as AAA agency paper. How do you not ever check over any of these deals to make sure they are legit? Really? Not one bundle of these shit MBS were audited by this GSE? Sorry, not believin that, not for one minute. I remember a few months back when a CNBC reporter got CNBC banned from future investor meetings when a CNBC reporter tried to look in to see who some of the mortgage investors were at this particular meeting. Why would they want to hide their identity? There is clearly no bottom to the deception and it was clearly by design. Their motto is Order out of Chaos. I think they underestimated the American people by a long shot when they engineered this calamity to destroy us and try to strip us of our wealth, Constitutional Rights and our right to defend our property through due process. They thought we were all easy prey and so dumb and passive that we deserved to be victimized.. They thought they were smarter and could outwit all of us out of everything that we have..They are maybe starting to realize that these are peoples homes and this means more to us than they imagined in their nefarious minds.

  16. MAGGIE SIMI says:

    Sign me up! whom do i give 25 to?

  17. If they do such a great job tracking these things then why all the lost note counts? The idea of recording chain of ownership (chain of custody) is to prevent the same note from being copies/cloned/counterfeited multiple times, sold into multiple pools & insured with multiple sets of credit default swaps.

    Lost note…. MERS, these guys are complete MORONS!!!

  18. Herb says:

    Another thought came to mind, Why can’t we play their game of hide the salamI mean all homeowners could in theory buy into MERs membership as a member by paying $25 to MERs, then assigning our mortgage over to ourselves…………………….as Vice President of MERs……………Hmmmmmmmmmmmmmm could open up another can of worms could it not? After all we have just as much right to join MERs as anyone else. check out the MERs website and see what I mean.

    • mAGGIE SIMI says:

      cant open page the owners of mers blocking me lol

    • Tim Bryant says:

      You can buy membership into MERS, but you cannot buy being an “employee”, under IRS guidelines (they are “independent contractors”). If the IRS ever went after MERS, they would create a windfall judgement for themselves, if MERS maintained the “employee” status of their respresentatives. I am surprised nobody has ever “joined” or subpoenaed the IRS in a MERS foreclosure action. That would decide once and for all if these people are, in fact, “employees” of MERS.

  19. Herb says:

    MERs is nothing more then a scam being run on the counties and homeowners. I have proof with my own home I bought in 2007. First off the original lender signed off two days before the closing by predating the files, then the next lender took over on the closing day that they changed because the actual day of closing was forced on August 5,2007 but the documents I signed said Aug 2nd. I then called the mortgage broker and questioned what was going on, and he said don’t worry about it, that it was just procedure. I then found out that the home had radon that was not reported on the disclosures on the closing day after I signed. But then I was going to rescind the purchase, and was told by the broker that I could not do that and refused to accept it. At this point I was so upset that I had no where else to move to let it stand. I had paid over $7000 for closing costs and fees that were supposed to be around $1300-1700, but was supposed to be a $5000 down payment plus fees. I then told the RE that I would not accept those terms, but would if the Radon repair cost of $1500 would be done or the $1500 returned to me to do the repairs myself, but after I received the paperwork from the lender there was no mention of the radon reimbursement or the down payment of $5000 off the price of the mortgage balance. They used the first offer from the first closing documents instead of the reworked documents, and charged me $51700.00 instead of the $43500.00 it was supposed to be after the changes on the document I signed. They switched documents so they could screw me out of $6500, plus the overage on the note of $51000 which would be the correct amount borrowed. There were two other servicers that were being paid a year after the closing but were not ever signed over to them as mortgage note holders in the records, but now MERs has been stated as Mortgagee for the note and that I owed MERS $57000 payable to MERs, and was assigned over to Nationstar Mtg in the township, a secretary of MERs which was the same person working for Nationstar Mtg as Mortgage foreclosure manager at the same time of assign. As I checked the records there was no other assignees in the middle of all these players since the second lender on the originals, which is now out of business since Sept 2007 I think. Funny how people from any bank registered by MERs is allowed to take assign of a note no matter if they have any interest or not. I told the court that I stopped paying on this fraudulent mortgage scheme as an answer to the court on the grounds that fraud was committed by all the lenders and brokers, and servicers in my link to the note. MERs does not prove any evidence of ever owning the note or the mortgage, but each one involved probably sold the mortgage to securities every time they took control from MERS, which means that they sold my mortgage at least 4 times that I can see, without owning the mortgage legally, which is fraud on the courts and securities involved. Don’t count on the courts to find the fraud for you, they are sleeping with the bankers and MERs, and receive their bounty from court fees and non existent lawyers they claim they use in the foreclosures.

    • Call MERS what it really is and it is not the SCAM. It is private company the MEMBERS of the private financial exchange used who all were in Agreements and conspired to buy and sell electronic promissory notes which would not be attached to property via a perfected chain of title until the default event occurs. Inside the SECURITY AGREEMENT over you can read the actual documents. i have.

      The SCAM was selling unsecured debt called ‘promissory notes’ which were unsecured and the private members have been doing this since 1995/1996 via Lehman, Bear Stearns, Structured Asset Securities Corp, Norwest Corp, GMAC-RFC, Chase Manhattan Mortgatge Corp, Wells Fargo & Co. …Federal Bank of NY…Rockfella – Rothchilds…United Kingdom

      MERS 2003 first commercial transaction orchestrated by Wells Fargo, ….

      Real Estate Insustry Forced to use 2004 to get business

      Selling unsecured debt, in bulk as loan #’s brilliant scam.

      Owning all the private real estatein America the goal.

      Arizona will become known as the CONSUMER PROTECTION STATE for thankfull one Congresswoman in defualt attorney helped draft a bill to plug the loophole and prevent the taking of another $12 Trillion dollars in real estate. We pray.

      • An open exchange where derivatives are traded — that is, the loss provisions of notes — isn’t a bad idea given that the other one’s seem just as opaque but whey did they bother involving it with the actual note at all? They’d just be selling a type of mortgage insurance, which isn’t illegal (though without adequate capital reserves could cause an inflation bubble if the insurance is sold at below market rates).

        Of course, there was the other CDS market that popped up after MERS and that these notes were completed tied up into. Nobody seems to know anything about that. It sure seems like some people may have been paid multiple times for the same breach of contract .. almost like they leveraged mortgages — without the borrowers permission — at many times the face value then expected to be paid back in the face of default many times the face value of the note.

        Only problem .. you only collect once on a breach of contract. Ancient law; no exceptions.

        If, say, “sovereign wealth funds” thought the US would prop up the leveraged trades — when there wasn’t even an agreement to back-stop the supposed-to-be-but-weren’t collateralized notes (Fannie/Freddie are private; the “implicit guarantee” is garbage) — they should have been definitively rebutted.

      • l vent says:

        Sorry, not believin that MERS was created to do anything more than destroy chain of title and evidence of the who’s who in the criminal enterprise. They wanted to make it so difficult that the finger could not be put on the criminals on Wall Street, the banksters or Fannie/Freddie. As for “owning” the land here in America, the U.N. holds all of the land in America in fee simple. and the U.N are really only a front for the SMOM/Vatican/NWO. If you seek you shall find. Start at you tube and do some looking around by searching with some of the names listed above .That is right, the revived roman empire is calling the shots over here in the good ole U.S. of A. We may own the houses but we do not and will not ever own the land our homes sit on as long as we are forced to pay, ahem, property taxes. The Federal Government is not who alot of people think they are. We must think outside of the box and always remember this deceptive credo they like to use: black is white or, in other words, nothing is really as it seems. These secret societies rule by secrecy and deception and have infiltrated everything. . I wish this was just all a crazy conspiracy theory.

  20. pelucheven says:

    if i use a straw man to finance a home, i would be considered a criminal, why is it these crooks think they are above the law and that they can manipulate the states land records and cloud all our titles without consequences?

    their company does not vote, but they do play the payola game in congress, our state legislatures, etc.

    they can run a strawman service in a pyramid scheme and still claim they are legit, when in many courts all over the country are calling them for what they represent an “illegality”


    • Tim Bryant says:

      You bring up an interesting point in your argument. If the laws do not provide equal protection to both borrowers and lenders, then do the parties have equal bargaining power? To be a true “contract” each party must have reciprocal rights to demand performance. If the borrowers rights legally, and under contract, are subrogated, in the name of “investment”, does the contract still truly exist? Also, with MERS, there is no arm’s-length bargaining (another requirement of a contract), with the borrower. In fact, MERS never sees the “security instrument” until it is recorded in their system. There also needs to be consideration. MERS offers no consideration to the borrower in their contracts. The consideration is offered to the Lender. The Lenders also do not disclose the MERS contracts until after the Note is signed. You will not see MERS anywhere in their Affiliated Business disclosures (in your loan origination docs). These are what is called “contracts of adhesion”. Most courts find these contracts invalid. The concept people must remember is, YOU must raise this issue. Judges will not address any issue that is not raised by the moving party.

  21. The point of a registration isn’t just to show that a property is encumbered by a lien, but to track who the lien-holder is. There’s lots of benefits to that; people can audit to verify bank records, borrowers know who to deal with and who’s a scam artist, tax authorities and investors can verify accuracy. They’re just don’t benefit bankers, but nobody else exists in your world, does it MERS?

    So thanks for admitting and confirming what we knew; you, MERS, decided the public policy of long-standing laws didn’t sync to what you thought it should and unilaterally changed it. Mozillo’s looking for a new gig; maybe his next company will find another agency where industry finds the regulations annoying and just ignore them .. unregulated pharmaceuticals would probably make a mint.

    If you want a law or regulation changed lobby for its change .. don’t ignore it. As for MERS as the genuine party in interest how many properties has your company taken title to and owned? Like virtually everything else nobody really knows but I’d bet the number is even smaller than the number of employees there.

    Finally, the borrower would pay more if you paid your taxes is seriously twisted. First, it assumes pricing collusion; that somebody would eat the cost from the bonus pool to get the business. Then it assumes you could somehow bill people as their loans randomly traded through no act of their own. If you’re referring to the macroeconomic level you’re forgetting they pay more in other taxes to make up for the lack of transfer tax and recording fees.

    Their argument is the most self-centered piece of junk I’ve ever seen. MERS thinks the only point of a recorded lien is that a lien exists because that’s all their clients care about. Deciding that their clients wishes — the priorities of the banking industry — trumps the democratic process sums it all up, doesn’t it? You literally think you can do anything you want and get away with it: that you’re some type of entitled dictator. That’s probably because you have .. until now.

  22. MAGGIE SIMI says:

    hell no

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