Another MERS Loss | Citibank (Mers) v Barabas Court of Appeals Indiana

CITIMORTGAGE, INC., 
Appellant-Intervenor/Cross-Claimaint, 

vs. 

SHANNON S. BARABAS A/K/A SHANNON  )
SHEETS BARABAS,

  Cross-Claim Defendant, 

RECASA FINANCIAL GROUP, LLC,
  Appellee-Plaintiff/Cross-Claim Defendant, 
    and 
RICK A. SANDERS, 
  Appellee/Third-Party Defendant. 

APPEAL FROM THE MADISON CIRCUIT COURT
The Honorable Fredrick R. Spencer, Judge
Cause No. 48C01-0806-CC-593

May 17, 2011

OPINION – FOR PUBLICATION

MERS loses once again.  In this case, MERS assigned a property from Irwin Mortgage to Citi after a different lender (2 other mortgages) foreclosed on the property.  Citi filed a motion to intervene more than a year later and have the foreclosure set aside because ReCasa failed to notify MERS of the foreclosure.    The court, citing Landmark v. Kesler, opined s follows:

We choose to follow the persuasive reasoning of the Landmark case because it is factually similar to the present case. Like Landmark, Citi seeks to have the default judgment set aside based on the fact that it received its interest from MERS, which served as the mortgagee “solely as nominee” for Irwin Mortgage. (Appellant’s App. p. 88). Thus, when Irwin Mortgage filed a petition and disclaimed its interest in the foreclosure, MERS, as mere nominee and holder of nothing more than bare legal title to the mortgage, did not have an enforceable right under the mortgage separate from the interest held by Irwin Mortgage. With respect to notice, just as the mortgage in Landmark referenced all notice to be sent to the lender, here, too, the mortgage states that notice to the lender should be sent to the lender’s address, or “10500 Kincaid Drive, Fishers, IN 46038,” which is the address of Irwin Mortgage. (Appellant’s App. p. 88). Thus, we find that the trial court did not abuse its discretion when it declined to set aside ReCasa’s amended default judgment.

Full opinion below…

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4closureFraud.org

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Citibank (Mers) v Barabas Court of Appeals Indiana

Comments
11 Responses to “Another MERS Loss | Citibank (Mers) v Barabas Court of Appeals Indiana”
  1. Ron Moss says:

    Please see my comments on NyeLavalles letter to the 50 AGs’ My concern is to focus on the difference of the two Israels. One is the name of the people led by Moses out of Egypt many years ago who found their way to England, Ireland, Sweden., Norway, Finland Wales, etc., etc..where the tribe of the Septer Tribe of Judah was
    known for its King David, King Richard, on down to King James, King George the 6th, the farher of the current Queen Elizibeth. recorded history in the Bible, as opposed to the land of the Israelis known bu that name since 1948 an Led by Netanyahu and mentioned in the bible at 1st John 2, 22 as the Antichrist which still is.

    • lvent says:

      Ron Moss, the same thing that is going on Israel is going on all over the planet..including the UNITED STATES OF AMERICA…..The hierarchy has been hijacked by the NEW WORLD ORDER…THEY HAVE INFILTRATED ALL GOVERNMENTS…!! They are forcing other leaders to conform to their tyranny or perish….The NWO has caused these horrible economic conditions…it was all intentional….and if the leaders like Quadaffi won’t take less for themself, they murder them and steal that country under the guise of a tyrannical leadership that is robbing the people…The NWO is who are the biggest theives and murderers…They are a global fascist tyrannical dictatorship and they are using traitors from within to bankrupt and steal nations…….

      • lvent says:

        this plan was ramped up with the fall of communism….Which never fell…it just changed its name to democracy….but it is a fake democracy that is trying to overtake the planet under the disguise of democracy and debt….It is hypocrisy….A COUNTRY IN DEBT TO THIS NWO TYRANNY IS NOT FREE!!

  2. l vent says:

    MERS is a sham. They don’t own our homes. Our homes are paid for free and clear because of the WALL STREET Ponzi Scheme. A second bank came along and joined the original “lender” who was none other than FANNIE and FREDDIE, by merger and successor, who then, shhhhhhh…… charged us a dollar for our mortgage so they could use our signatures as human capital and make trillions off of their Ponzi Scheme Casino HEIST up on Wall Street. It was all a gigantic swindle as was the SO CALLED SECURITIZATION. They did not SECURITIZE SHIT. PSA REQUIRES AND UNBROKEN CHAIN OF TITLE FROM THE ORIGINATOR TO THE SPONSOR TO THE DEPOSITOR AND THE TRUSTEE WHO BECOMES THE BENEFICIARY OF THE NOTE ON BEHALF OF THE INVESTORS. WHERE’S THE NOTE???????? HA HA. Foreclosure Defense and Bankrupcy attorney, Max Gardner, has spoken to hundreds of attorney accross the country about this and has told them, If anyone finds a deal where the note was correctly endorsed to the trust, he or she should bronze it on their wall.. Fannie and Freddie need to walk away and eat it, they made trillions off of this Ponzi Scheme. Fox news Cavuto spoke about contract fraud about a week ago on his show. If there is fraud anywhere in the contract, that fraud kills the contract. THEY ALSO BROKE CONTRACTUAL LAW.. Elliot Spitzer reported that the Ponzi Schemers also recieved a total tax payer bailout of almost 3 trillion dollars. Yet, they continue to be allowed to house steal, and financially rape, rob and pillage 99% of America, including the hardest hit by their PONZI SCHEME. It is all trickling up to them, the fake debt they created is UNSUSTAINABLE and they will all have to pay for it. IT IS ALL SLOWLY, STRATEGICALLY TRICKLING UP TO THEM. Chris Whalen talked about HOW this would eventually all play out in his Bloomberg video entitled” Foreclosuregate is a cancer”. Google it. In the end, WALL STREET is going to have to pay for all of their crimes. The GSE’s, FANNIE/FREDDIE CANCELLED THEIR OWN NOTES, WITH ALL OF THEIR FRAUD.

    • l vent says:

      The bailout came AFTER the ROBBERY OF OUR WEALTH, IN THE INTENTIONAL FINANCIAL COLLAPSE IN 08. THAT IS WHEN THEY CASHED OUT AND STOLE EVERYTHING NOT NAILED DOWN UP ON WALL STREET.

  3. Wow, anxiouly waiting for my Indiana ruling. However, the issues at this point of time was Lawsuit filed by me before the Foreclosure. Home will go into Foreclosure if I don’t win Round 1 against the Quicken Loan Group, and others. This is great news for me to utilize in the Foreclosure, if it gets to that point. My New Jersey paperwork fighting the foreclosure was submitted Friday. Excited to F— with the Attorney who signed the MERS BOGUS ASSIGNMENT. It’s fun, and sometimes better than SEX.
    I will support and help on any NATIONWIDE PROTEST. Get Moving and LET’S ROLL.

    • l vent says:

      Best of Luck, Susan!! I know you will win! Let us all know what happens. All of their fraud and lies are catching up with them!!!!!!

  4. Michael-Lynn says:

    Just spent at least a couple of hours today on the phone with “TheHutMaster” discussing what we all can do together to bust the banksters and I again encourage you all to get in touch per the invitation a couple of days ago as posted by TheHutMaster.

    Michael @ The “MIXED WAR” Room and The Trials of Life

  5. leapfrog says:

    Yay! Any loss for that sham-entity known as MERS is a WIN for those afflicted with clouded titles directly due to MERS unlawful actions.

  6. Frank N. Fair says:

    Couldn’t resist: “Give us Barabas!”

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