MERS FAIL | Mortgage Electronic Registration Systems, Inc v. Tammy Church

UNITED STATES COURT OF APPEALS
FOR THE SIXTH CIRCUIT

MORTGAGE ELECTRONIC
REGISTRATION SYSTEMS, INC., as
nominee for InterBay Funding, LLC,
Plaintiff-Appellant,

v.

TAMMY CHURCH; CHARLES O.
DAVIS,
Defendants,

and

UNITED STATES OF AMERICA,
Defendant-Appellee.

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SUTTON, Circuit Judge. It sometimes pays to check a map. The mortgage lender in this case did not, and as a result it recorded an interest in Tammy Church’s property in the wrong county. Luckily for the public fisc, the IRS, which also placed a lien on Church’s property, did not make the same mistake. When the lender realized what had happened, it sued, seeking in equity what it could not get in law—a declaration that it had the superior claim to the property. Equity does not save the lender in this instance, and we therefore affirm.

Full opinion below…

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4closureFraud.org

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Mortgage Electronic Registration Systems, Inc v. Tammy Church

Comments
5 Responses to “MERS FAIL | Mortgage Electronic Registration Systems, Inc v. Tammy Church”
  1. Michael-Lynn says:

    These idiot judges also mistate that MERS is the lender or mortgagee instead of the fact that MERS has not standing to be a Plaintiff as MERS has no interest in the property, mortgage or note as determined in Indiana and else where the past several months.

    • David Robert says:

      Lets hope Churches attorneys fix that little oversight where the judge refers to MERS as a lender or mortgagee.

  2. David Robert says:

    – the question I have on this one is did the IRS file a Lien or a “Notice of Tax Lien”, my suspicion is they filed a Notice of Tax Lien whereby the IRS did not judicially obtain a proper Lien, which is why they file a Notice of Tax Lien. The County Clerks are so frightened by the big bad IRS that they allow the IRS to confiscate (steal) the property knowing that the IRS didn’t follow state and federal laws ignoring and by passing any judicial process and allowed them to move forward with a “Notice of Tax Lien”. Any Sheriff/Clerk who participates in confiscating based on a Notice of Tax Lien is a coward and a thief.

    The other loud and clear message here is own nothing and control everything. There is absolutely no reason to ever own anything in the US unless of course you want the IRS or some scum sucking attorney to sue you and try and take if from you. You can dam well bet that the Rothschild’s and the Rockefeller’s don’t own and dam thing, at least their name is not attached, however, they control everything.

    Note to self, put a first in time lien on anything I own, period, and make sure my name is not attached to that lien and if possible make sure my name is not attached to the property. A Federal Judge told me a long time ago, (and I quote), “I can’t take what I can’t find”.

  3. housemanrob says:

    So it ends up at the IRS and then immediately to the fed bank. Then the banksters borrow it for free! What am I missing here? Is there any difference?

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