Life on MERS: Archive is at center of mortgage mess

Life on MERS: Archive is at center of mortgage mess

This story accompanies a special report on foreclosures which can be seen here: Reuters SPECIAL REPORT: Banks Still Robo-signing, Filing Doubtful Foreclosure Documents

By Scot J. Paltrow

(Reuters) – A little-known institution in Reston, Virginia, has done much to help loan servicers produce foreclosure documents of questionable legitimacy, according to multiple recent court rulings and deposition testimony.

Mortgage Electronic Registration Systems, or MERS, has only about 50 full time employees. Yet it claims to own about half of all mortgages in the United States, roughly 60 million loans, and is involved in about 60 percent of new mortgages issued.

Fannie Mae, Freddie Mac and several large banks established MERS in 1995, as a registry meant to speed up the recording and transfer of mortgages. Until then, this had to be done in individual county clerks offices and the process was glacial. The founders went ahead even though no state laws authorized them to bypass the required filing with clerks.

The purpose of MERS was simple: to make it possible to track the owner and servicer of each individual mortgage, and to make it easier to rapidly transfer mortgages. Lenders designated MERS as either the mortgagee (the legal holder of a mortgage, even though MERS had never paid a penny to obtain it), or as “assignee” (an entity to which a mortgage is entrusted). In either case, MERS was granted power to assign mortgages as they changed hands from one real owner (such as a bank) to another (such as a mortgage security trust) – even though MERS itself didn’t have a financial interest in any of the mortgages. MERS also claims the right to transfer promissory notes, even though it doesn’t own them.

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10 Responses to “Life on MERS: Archive is at center of mortgage mess”
  1. Rita Cheche says:

    I am the plaintiff suing Wachovia for lying, cheating, and stealing from me, everything is with MERS, “ASSIGNMENTS OF SUBSTITUTE TRUSTEES’ etc. (call me 757-427-0075)
    I have 2 fraud/predatory loans from them, Oct. 24, 2005 World Savings Bank / Wachovia and Nov. 21, 2006 Peoples Choice Home Loan / Specialized Loan Servicing L.L.C. / Wachovia / Wells Fargo. In the United States District Court for the Eastern District of Virginia, Norfolk Division. RITA CHECHE Plaintiff, v. WITTSTAT TITLE & ESCROW COMPANY, LLC, WACHOVIA BANK NATION ASSOCIATION AND SPECIALIZED LOAN SERVICING, LLC, Defendants. TRIAL DATE: OCT. 18, 2011.
    NO ONE IS GETTING TREATED FAIRLY, AND I KNOW, WITH YOUR HELP, WE CAN CHANGE THIS. Or, anyone can help me, please give them my information, Rita Cheche, 757-427-0075. I have an email, but I am getting hundreds of emails of people in mortgage trouble, needing help, SO PLEASE CALL ME DIRECTLY. I need to get my story & evidence in the public eye! And be in the public eye to make it harder for the court system to continue to violate my rights. I’m not great on the computer, not having the right tools for the job! BUT I AM THE FAXING QUEEN! If you would like to see proof of any docs.
    I have evidence of every entity & actors’ violations of the law and my rights, example of just one of hundreds of my original documents:
    VICE PRESIDENT OF WACHOVIA, JUDY WILLS, FORGED AN IMPORTANT DOCUMENT FROM MY FRAUD MORTGAGE CLOSING, SHE SIGNED MY NAME INCORRECTLY, AND DATED IT 3 YEARS AFTER THE CLOSING DATE, PLUS IT’S DATED 6 MONTHS INTO THE FUTURE (closing 11/21/05, date of package to O.T.S. 03/25/08, date on document 09/23/08). V.P. of Wachovia sent her version of my closing package TO THE OFFICE OF THE THRIFT SUPERVISION, Dept. of Treasury, answering my complaint to the Attorney General of TX, Greg Abbott. I have contacted approx. 15 agencies, having the correspondences, including the secret service and the F.B.I. and getting NOTHING BUT SCREWED.
    PLEASE COME TO Virginia Beach, VA to document my plight, before they silence me. My case is a Precedence Setting Case, and will help hundreds of thousands, with your help!
    They have stolen over 2.3 million in assets alone. Losing my commercial floor contracting business, I started in 1986, installing floors and wallpaper. Forced to liquidate and/or lost my 9 unit apartment building I provided to the Section 8 Program, a duplex on Chesapeake Bay, I bought to help a lifetime friend who is a quadriplegic, a single family rental home, my son’s education, and my retirement.
    My attorney (working for Wachovia) is continuing to bend me over, holding me for WACHOVIA! I have searched for the last 6 yrs. for representation, hiring mine 2 years ago, and in that time I’ve had about 15 mins. Face to face, the first & only appt. She said, for a cost of thousands, up front, she would do everything I asked, get my 2.3 million back, my home, my livelihood, what I would have made with my business, real estate properties, assets, investments, $100k, 25 yr. equity credit line from my rental, they illegally closed, & my excellent credit (they ruined my credit within 48 hours of 1st fraud closing, Oct. 24, 2005 dropping approx. 200 points to 513). Plus, I wanted several million dollars for ruining my family & my life! I wanted all of them to pay until it crushed them, legally doing to them what they illegally did and are continuing to do to me!
    I was retiring, when they ripped off my world. I have done nothing but fight back, every waking moment since Oct. 24, 2005. I will fight till I win what is rightfully mine, and then, with the money I win, I will help homeowners get their worlds back! My attorney pulled out the 3-day Cancellation Notice I signed, faxed, mailed & confirmed received, saying “we can start with this”, and then we can file motions and such, after looking over only a couple of pages of my presentation, I set up at 1st & only appt.
    I had 2 hrs. to wait for her, an empty conference room, & 6 files boxes of documents to show her. She said she would be in touch to go over everything else, after I deposited the money into her account.
    I personally, with my money & labor had taken an old 1300 sf. farm house built in 1890’s having a “Purchase Money Mortgage” of $235K, 06/30/04 no additional loans, my boyfriend built with my money & help, I alone paid for everything, building a 4,000 sf. 2-story Custom home appraised 03/06, for $796,500.00, the bank, with 2 fraud mortgages stole every cent of equity, & a year after my court case, I put against them they fraudulent foreclosure, everything is with MERS, “ASSIGNMENTS OF SUBSTITUTE TRUSTEES’ etc.
    but there are no attorneys who specialize in mortgage fraud (not even the ones that advertise, like my attorney). Up until a few months ago, they acted like I was a “crazy lady”, who was trying to get something for nothing from the “Great Gods”, I mean, the banks, brokers, title companies, insurance cos., credit bureaus. I’ve corresponded with at least a hundred. Locally, in Virginia, owned and operated by Wachovia / Wells Fargo Bank, they want to bankrupt you or do a bogus modification, not go up against the “Almighty Bank, WACHOVIA”, and the out-of-state attorneys, Demet, etc. that have succeeded against the banks for homeowner’s tell me they “are licensed in 34 states but not licensed in VA”. Virginia is a “Commonwealth” run by the CBN, and Wachovia/Wells Fargo, also, a NON-JUDICIAL STATE, this bunch of “Good ol’ Boys” stick together & change the “rules” to sue themselves, just like our government.
    If you know a lawyer or advocate or anyone who can help, before my lawyer and the court shut down all my options,
    PLEASE CALL ME, Rita Cheche (757) 427-0075.

  2. Jeanette Ambrose says:

    “If you will lie,you will steal,if you will steal,you will kill.”~a Wisdom Teaching passed to me by my then 86 year old neighbor,who received it from her Mother,an American Indian.

    Works for me…
    God help us all now.

  3. tonycat says:

    MERS involvement should be a failure due to lack of consideration in any of the contracts. College Business Law course 101. Where are you, bar associations of the states??? WHY are you silent? You should have been issuing opinions and papers, and letting your member lawyers know what the law means, from the beginning of this mess. Are you all too stupid to UNDERSTAND how the banks have royally scr@#ed themselves and now must take the poison that they tried to give the homeowners? Are you willing to concede that all law schools, courses, professors, and the procedures for becoming a lawyer are really worthless? That the ONLY thing that matters is who has the big payoff money or influence bucks, and that the law is and maybe always has been a simple matter of political loyalty? That the law has NOTHING to do with justice, much less is justice blind?

  4. Kathleen Burt says:

    We hadn’t checked the MERs listing for over a year, but recently discovered BOA is now listed as the servicer for the Wall Street Trust investor.

    This seems really odd; as weI’ve been tyring to get the HAMP from WaMu-Chase for nearly 3 years now, and have never had a BOA mortgage.

    It looks as if we may get an in-house loan from Chase instead of the HAMP. Does the MERS listing mean that even if we do get a business as usual 30 year loan, MERS and BOA coudl go after us separately?

    • Readdocs says:

      You need to discover if an assign has been made by MERS making B0A your servicer.
      I have noticed that much of the information once made accessible by MERS has been done
      away with leaving only the information of who the servicer is for any given account and what
      is the status of the account.

      Check your local county court house records to see if any changes have happened there.
      You may find you are in need of legal council.

    • Readdocs says:

      Also, B0A may have been assigned via the federal government to take over your
      account from Wamu/Chase. The fact there is no communication with you, the borrower, is a problem.
      Could you be foreclosed on by B0A for nonperformance? Be sure you have checked the status of
      the account listed with MERS.

  5. Readdocs says:

    None of the illegal activity is going to stop until these people start being prosecuted and sent to jail for long term
    sentences. Until then they will continue to defraud the borrowers, the investors, and the courts.
    This also means the damage to the tracking system grows larger and more unfixable.

  6. lvent says:

    MERS is a pass-through bankruptcy remote entity. Pass- through being the key word. MERS DOES NOT AND CANNOT OWN THE LOAN AND SHOULD HAVE NEVER “HELD” the mortgage. MERS is where they STORED the mortgage and then proceeded onto selling the UNSECURED NOTES in giant fraudulent MBS POOLS, multiple times. MORTGAGES AND NOTES that were NEVER SECURED to the COLLATERAL LIEN at the ORIGINATION. MERS is where they tried to launder all of their fraudulent activity. Like WOW, how stupid do they think we are? They have me conveying a mortgage to MERS with no assignment. When exactly did MERS purchase my loan? MERS AS NOMINEE my ass.

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