MERS Rules Update | Certifying Officers MUST Execute the Assignment of the Security Instrument from MERS BEFORE Initiating Foreclosure Proceedings or Filing Legal Proceedings

Well, I wonder why MERS decided to do this? /sarcasm

Especially here in Florida where they continually argue that they do not rely on the assignment once it is pointed out as a FRAUD.

From the MERS POLICY BULLETIN – Number 2011-5

To: All MERS® System Members July 21, 2011

Changes and clarifications to Rule 8 of the Rules of Membership (“Rules”) have been approved by the MERSCORP and MERS Boards of Directors and are effective as of July 22, 2011.

Proposed changes and clarifications were previously circulated to the Members on March 8, 2011 for a ninety day comment period (see Policy Bulletin 2011-2). Following expiration of the comment period, we modified the proposed changes and clarifications based on Member comments received and reviewed by MERSCORP and the Boards. Effective July 22, 2011:

• No foreclosure proceeding may be initiated, and no Proof of Claim or Motion for Relief from Stay (Legal Proceedings) in a bankruptcy may be filed, in the name of Mortgage Electronic Registration Systems, Inc. (MERS)

• The Certifying Officer must execute the assignment of the Security Instrument from MERS before initiating foreclosure proceedings or filing Legal Proceedings and promptly send the assignment of the Security Instrument for recording in the applicable public land records

The current MERS® System Rules of Membership can be downloaded in their entirety from www.mersinc.org.

Please review all of the Rules and provide a copy of each Rule to all departments responsible for complying with them. Thank you for your cooperation.

If you have any questions about this bulletin, please contact the Law Department at mers@mersinc.org.

~

4closureFraud.org

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MERS POLICY BULLETIN – Number 2011-5

Comments
32 Responses to “MERS Rules Update | Certifying Officers MUST Execute the Assignment of the Security Instrument from MERS BEFORE Initiating Foreclosure Proceedings or Filing Legal Proceedings”
  1. Joe says:

    How many month ago was this issue a new matter for the government? what is the resolution today? I alleged to the Judge about this mess but nobody can fix the monstrosity done to our people. Are we a democratic country or what! Man went and came back from out space but here we are in the same boat that is about to sink.

  2. Joyce Cauthen says:

    And don’t think I am a Fannie and Freddie supporter – I am not, but the future work they do will be for the people and in their best interest and quite frankly, they were a great facility in the past and they can be again while they clean up this mess and make restitution to the people they have harmed. The damage is so great that their profit making days are long gone.

  3. Joyce Cauthen says:

    Everyone is still talking even though several of you have admitted that “the people need to get behind the effort” to halt the foreclosures, stop the settlements without approval from the people that were harmed and make a determination as to the punishment for the banksters if: they do not want to properly settle up with the homeowner, straighten out the title company errors so good title is of record, and then, allow the people to write the new lending laws with respect to underwriting – It can be done you know. But someone has to pick up the guantlet and that would be “the people” Otherwise, keep talking and you will see where that gets you.

    Where is the people’s place at the table?

    I for one want us to go back to basic underwriting technique which was utilized with great success, allow Fannie and Freddie (with new leadership) to continue to collaterize those loans so we can aget the housing industry moving and the foreclosure inventory cleaned up – For those that committed the fraud, etc., they will answer to the people – for those that worked in tandem with the banksters, all will be called to task.

    Absolutely this can be a win win situation for all and especially the economy so that America can recover – if we keep on talking and doing nothing – but letting others run this show that do not have the rule of law and the people’s best interest at heart, so why don’t we do it. Demand our place at the table without the feds or AG’s involved.

  4. Jeff Samuel says:

    Look, if they forged signatures like they were using the bathroom, who’s looking at MERS’ database right now? Fannie Mae? The Government? hahaha!
    It’s time someone used a different strategy: “I robo-signed what you put in front of me, I’m not responsible for any of it.”

  5. spectre says:

    Its the same issues they Bifurcated the note from the mortgage and they know it folks. They broke humpty dumpty
    and they CAN NOT put him back together all the mortgages on the mers system are useless they just dont want you to know it and they cant change it no matter what they do.

    • lvent says:

      MERS will be the case killer that protects the people from the mortgage fraudsters whose collateral lien was never perfected and it has been less time than the statute of limitations allows. That is 12 in my state and it has been 19 years with no lien ever secured to my deed which has been paid off free and clear since origination. I have my deed stamped paid by the county recorder of deeds with title insurance attached since the day after closing in 1992. GOD BLESS AMERICA!!!!!! The truth will set us free!!!!!!!

  6. Readdocs says:

    Educating those around you, at meetings, coffee klatches, and kinds of gathering is important. The more the
    subject is broached, the more the unaware become aware and educated. Be sure to read the latest over at
    livinglies.

    • lvent says:

      I have noticed more people are waking up. I find the people are really talking about this stuff everywhere I go. THE AMERICAN PEOPLE ARE FED UP WITH THE DECEPTION, THE LIES, THE SECRECY AND ALL OF THE B.S BY THE U.S. GOVERNMENT…

    • AliceN.Wunderland says:

      I absolutely agree Readdocs. Educating the public one person at a time is the only way this can be done. There is a saying that people for the most part don’t hear you the first time but the second time they hear the information they start paying attention. I have been trying to tell the people I know about this and really it is very hard..they get very defensive. I try to get them to understand they are victims of a scam. This is so complicated and hard to explain to people and I am searching for ways to try to explain it in simple language and it can’t be explained ‘simply’. The subject has to be about ‘title problems’ (imho) to get peoples attention. The fact that they can’t buy or sell their property because of title problems. To the people that read this site it is such a narrow focus I know, but it is a starting place. The rest will come after they understand “Clouded Titles”.

      • lvent says:

        I have already alerted my neighbors that I have uncovered HOME BUILDER FRAUD ON MY TITLE AND I THINK THERE IS A BUILDER LIEN ON ALL OF OUR HOMES. ONE OF MY NEIGHBORS ASKED ME IF I EVER RE-FIED AND I SAID YES IN 2007 AND HE SAID THE TITLE COMPANY SHOULD HAVE TOLD YOU ABOUT THAT LIEN THEN…..I TOLD ALL OF THEM TO HAVE TITLE SEARCHES DONE……I MAY HAVE JUST OPENED UP PANDORA’S BOX……….

      • lvent says:

        BTW, MY NEIGHBORS WERE A BIT SHOCKED TO SAY THE LEAST ABOUT WHAT I UNCOVERED. THEY DON’T KNOW THE HALF OF IT….BUT SOMETHING TELLS ME THEY SOON WILL……………………….

  7. Jim Bethea says:

    This is one of the largest scams in the history of the mortgage business ~ I read in one of MERS’s press releases a few years ago, which was bragging that they now have of 60% of the mortgages in the US registered with their company ~~~

    This crooked cartel should be closed immediately ~~ all of their illegal entries voided ~~ and if the executives and their legal staff wants to rewrite some of their own fraudulent docements and inner corp working formuals; then let them do this behind prison bars !!!!!!!!

    • lvent says:

      Deception and secrecy is how they rule. We must rout them out, expose them and remove them from office. The New World Order enemy is hiding behind the scenes and in plain sight and they have infiltrated everything disguised as AMERICANS even the MEDIA. THEY OWN THE FEDERAL RESERVE AND WALL STREET/THE BIG BANKS. THEY BOUGHT THE POLITICIANS OR THE POLITICIANS HAVE A DUAL IDENTITY AND ARE REALLY ZIONISTS WORKING FOR THE NWO. THIS IS A SNEAK ATTACK BY THE FOREIGN MULTINATIONALS WHO HATE OUR FREEDOM AND OUR NATIONAL SOVEREIGNTY. They must be exposed or they will not only own everything, but they will own everyone with debt slavery that they create……THE FOREIGNERS RANG AMERICA UP ON THE U.S. TAXPAYERS CREDIT CARD. TELL EVERYONE THAT YOU KNOW.

      • lvent says:

        No President, no politician can go this alone. We The People must get involved and get behind a leader INDIVISIBLY that we can trust but verify they will govern under the U.S. CONSTITUTION… President Kennedy tried to bring down this FED tyranny and we all know what happened to him. The people must make a stand, rout them out, expose them and remove them from Government and the Judiciary. That is what, One Nation, Under God, Indivisible with Liberty and Justice for all means…….Obama,or noone can fix this alone.

  8. Wayne says:

    So now Bank of America has changed my assignment at the Recorders office and yes it has a “Robo Signer” signature on the assignment document. When I found this out, I asked the lady at the recorder’s office, how is it possible that an individual can record a document that is fraudulent. She replied saying that all they had to do is pay the $13.50 for the recording, all I do is record the documents. How is this possible? Why does this happen? When calling Bank of America on this, they deny that my note went to MERS. However I have a letter by the Banksters that my Note was in MERS. Can this get any worse? Now they want Immunity from the Feds. Don’t that make you want to go out and rob a bank just out of spite? I wonder if I could get immunity for my actions if I were to do just that, go out and rob a bank.
    Please reply to this …. I need a boost …. I am suffering from exhaustion from fighting this.

    • lvent says:

      My County Recorder’s office has a mortgage fraud department where you can file complaints about mortgage fraud. The recording of docs at this late date really does not fix what they did. They just keep dumping more toxic waste into our land records. BANK OF AMERICA AND CHASE own and control the FEDERAL RESERVE. THE WORLD BANK AND THE IMF OWNS ALL OF THEM. People don’t know this. Check out this link and spread it. http://www.laleva.cc/economy/whocontrolsthefrs.html

      • lvent says:

        Don’t be fooled by who owns Chase. It is not Amercian owned. either. Britain owns Chase and Bank of America owns the rest which is really Bank Of Italy. Bank of America/Italy aquired U.S. TRUST CORP in the second quarter of 2007 from Charles Schwaab who purchased U.S. TRUST CORP in 2001. The FOREIGNERS own ALL of the Federal Reserve Bank.

    • AliceN.Wunderland says:

      This is what is so crazy about all of this. The recording office really doesn’t care what is recorded as long as the recording fee is paid. We can all ‘quit claim’ his homes to Daffy Duck (as someone on this site suggested a few days ago) and that would not matter a bit as long as the fee is paid. The only people that care are the title companies that get paid to research the title and the closing agent. The quit claim deed will be pulled from the recorders office by the title company, will be put on the preliminary report and sent to the closing agent. The closing agent will note that Daffy Duck is the person that ‘owns’ the property and the only person that can sell it.

      The preliminary report is made when a purchase and sales agreement is signed. The report is sent to the closing agent who then has to track down Daffy because he is the real owner according to the public record. If someone other than Daffy is attempting to sell the property then the closing agent has a lot of work to do to try to clear up the problem. The closing agent is the ‘third disinterested party’ and their job is to make sure the seller has the right to sell and the property is free and clear of encumbrances. They need to get Daffy off the title if someone named John Doe is claiming to be the seller. The closing agent must contact Daffy Duck and talk to him about this problem. If Daffy Duck won’t sign a quit claim deed back to John Doe then the title company has a problem, they can’t insure the title. The title company and closing agent must come up with a solution to this (quiet title, indemify..) in order for the transaction to close.

      The point here is that the majority of recorders offices really doesn’t care what is recorded. The only reason they should be concerned is that they have lost a lot of money because Mers did not record thousands of documents and thousands of $13.50 fees were lost. The counties are all having budget crises and homeowner’s property taxes are increasing to make up for all that lost revenue. A few recorders are stopping the recording of fraudulent documents because they have laws against it and I would guess that most counties do but the law is/was seldom enforced because it was such a rare occurence. The last 10 years have changed this and the recorders haven’t caught up and are not willing to go the extra mile that O’Brien has gone. The lost revenue argurement is the only one I can see that may get their attention as the robo-signing hasn’t.

      • lvent says:

        The title companies are involved in this Mortgage Fraud Ponzi Scheme as well. I HAVE PROOF. WE THE PEOPLE MUST ROUT THEM OUT AND EXPOSE WHAT THEY DID TO THE STATE AG’S, THE SHERIFFS DEPT.S, THE POLICE DEPARTMENTS, THE STATES ATTORNEYS OFFICE, THE DOJ, AND THE US.STATES ATTORNEY, THE US ATTORNEY GENERAL AND THE FBI MORTGAGE FRAUD DIVISION. WE MUST DO THIS EN MASSE……..THEN IT IS UNDENIABLE. FRAUD CANNOT BE MADE LEGAL. WE MUST DEMAND NATIONWIDE LOAN RECISSION IF THERE IS FRAUD ANYWHERE IN THE LOAN HISTORY…..WHY? WE THE PEOPLE HAVE _PROOF_ WE WERE SET UP TO FAIL AND ROBBED BY THE — USE OF DECEPTIVE PRACTICES AND UNFAIR DEALING BY THESE CROOKS AND CRIMINALS IN THE BIGGEST MORTGAGE FRAUD PONZI SCHEME SWINDLE AND HEIST IN HISTORY. (SEE YOU TUBE VIDEO CNBC ILLUMINATI CRASHES STOCK MARKET) IT WAS THE BIGGEST TRANSFER OF WEALTH FROM MAINSTREET TO WALL STREET TO THE RULING ELITE IN HISTORY. THEY SET US UP TO FAIL, PRIVATIZED OUR WEALTH AND SOCIALIZED THE FRAUDULENTLY INDUCED DEBT THEY CREATED ONTO THE AMERICAN PEOPLE VIA THE BAILOUTS AND STRATEGIC CLASS WARFARE BY THE FOREIGN OWNED AND CONTROLLED FEDERAL RESERVE. THEY FORCED US TO PAY FOR OUR OWN ROBBERY. WAKE UP AMERICA. IF WE LET THEM GET AWAY WITH THIS THEN WHAT COMES NEXT IS THEY WILL NOT ONLY OWN EVERYTHING BUT THEY WILL OWN OUR HOMES AND THEY WILL OWN US INTO ETERNAL DEBT SLAVERY!!!!!!! THEY WANT A NATION OF RENTERS WITH NO OWNERSHIP OF ANYTHING BUT DEBT.

      • AliceN.Wunderland says:

        I vent, absolutely the title companies are involved. They were involved in the creation of Mers. I read these articles about who started Mers and so often the title companies are not mentioned, as if they are an innocent party. They could not not be involved as they had to do the work in the end, clearing up all the problems so they had to be brought in at the beginning. They gave this plan their blessing and now are acting like it’s all news to them. They put themselves between a rock and a hard place by condoning this as now they are liable. How do they tell all those banks they won’t insure the title, they don’t. They just put an ‘exception’ on the report that covers all the issues related to the chain of title and let it close. The new owner is then stuck with the possiblity that the old owner will come back and claim their home. The title company gets paid hundreds of dollars by the new owner for his Title Insurance Policy that insures nothing. Fidelity is taking over the little guys one company at a time and making zillions by issuing worthless Title Policies.

      • lvent says:

        Alice, I have proof that Chicago Title and Trust acted as many UNAUTHORIZED therefore ILLEGAL entities in my loan history. They supposedly released my deed to me and a 2 checks to me in June of 2007 and then sold my “loan” to the PUBLIC…..ALL LIES…. MY DEED HAS BEEN RELEASED TO ME STAMPED PAID SINCE ORIGINATION. THERE HAVE BEEN NO ASSIGNMENTS TO THAT DEED IN 19 YEARS and my RECORDER’S OFFICE VERIFIED THAT TO ME. MY RECORDERS OFFICE ALSO INFORMED ME THAT MY HOME IS PAID FOR BECA– USE OF THEIR LACK OF DUE DILLIGENCE. I CAN LIVE IN IT, SELL IT OR DO WHATEVER I WANT WITH IT………THEY NEVER ASSIGNED A DEBT IN 19 YEARS AND THEY ONLY HAVE 12 YEARS IS THE STATUTE OF LIMITATIONS SO THAT MEANS I OWN MY HOME FREE AND CLEAR…….THANK YOUR VERY MUCH……… CHICAGO TITLE AND TRUST CLAIMS THEY PAID US, PAID OFF CITI, WHO I NEVER HAD A LOAN WITH AND AN OLD PAID OFF LINE OF CREDIT THAT WE PAID OFF OURSELVES IN 2004. I HAVE THE CANCELLED PAID NOTES FROM 2004. THEY HAVE — USED THAT PAID ASSIGNMENT TO RECORD BUT NOT ASSIGN OTHER DEBTS ON MY PUBLIC RECORDINGS. AFTER CHICAGO TITLE AND TRUST RELEASED THE MORTAGES TO US THEN THERE ARE 2 DIFFERNET RELEASES FROM MERS AND THE BANK FROM THE PAID OFF LINE OF CREDIT… TO MY HUSBAND ALL ON MY PUBLIC RECORDINGS….ONE LOAN WAS RECORDED PAID OFF TWICE BY TOW DIFFERENT ENTITIES WHEN THAT WAS IN REALITY (IF THERE IS ANY REALITY HERE) PAID OFF BY US IN 2004????????? THERE ARE 4 TRANSACTIONS RECORDED ON ONE LOAN HISTORY IN ONE MONTH ON MY PUBLIC RECORDINGS YET NONE OF IT APPEARS ON THE TITLE.. PATRICIA M. PICARD FROM CHICAGO TITLE AND TRUST HAS SHOWN UP THROUGH MY ENTIRE LOAN HISTORY AS MANY ENITITIES LIKE A NOTARY FOR THE BANK AND AN ESCROWEE FOR CHICAGO TITLE AND TRUST. I FOUND OUT CHASE OWNS CHICAGO TITLE AND TRUST AND IS HIDDEN BEHIND THE SCENES. BOFA OWNS ALL OF THEM. THEY ARE NOT A SLICK AS THEY THINK. I NEVER GAVE CHICAGO TITLE AND TRUST AUTHORITY TO DO ANYTHING WITH MY LOAN, SELL IT BUY IT OR OTHERWISE. THEY WERE NEVER RECORDED AS OWNING ANYTHING EITHER ON TITLE OR AT MY RECORDERS OFFICE. THIS IS GIANT A SNOW JOB. MASSIVE AND PERNICIOUS MORTAGE FRAUD……RESCIND MY LOAN………..I DESERVE CLEAR TITLE. THEY COMMITTED MASSIVE FRAUD IN MY NAME…SLANDEROUS, SCANDALOUS, DECEPTIVE, UNFAIR DEALING LYING CRIMINALS ALL OF THEM…

    • Adrienne Robinson says:

      Are you doing this on your own or are you represented by an attorney. This is too big for you to fight on your own. When lloking at several comments it appears that many of us are trying to go at it alone,

      • lvent says:

        What are your suggestions? WE THE PEOPLE, can’t find an attorney who is willing to touch this mess.

  9. Ron Moss says:

    Does this mean MERS is still alive and well?

  10. THE ROYAL QUEEN says:

    hehe

  11. First check and see if the trust legally exists. The issue regarding title in the name of a trust varies by state. In some states only the trustee can hold title to the property for the beneficiary. In other states the trust itself can hold title. Title companies ask for certificates of legal existence & in good standing prior to closing trust deals. They do it all the time. You can’t just close a deal without proof of legal existence and their proof of authority, it just doesn’t work that way in the title world.Why should the courts do it any differently?

  12. leapfrog says:

    When is this sham entity; this behemoth; this corrupt monstrosity dreamed up by evil and lawless banksters; this perversion of property law; this failing, doomed Titanic company finally going to FAIL? Inquiring minds want to know.

    • Snowstorm says:

      They say there are 65 million properties tied in with MERS. For this reason, our government is protecting their establishment.

    • FAITH says:

      We need to educate our neighbors and townspeople and others in our Counties about the fraud on their mortgages. We have power in numbers but not if they are not aware it has happened. I doubt many people in your neighborhood are even aware. If you know how to find your neighbors paperwork and see fraud on their mortgages tell them.
      Go to your grocery store and post a letter- foreclosure& those behind on their mortgage- support group- show others how to look up fraudulent paperwork on line at your Registry of Deeds. Share the knowledge. Start spreading the news. Pressure your Registrar to do as Essex County in Ma. is

    • AliceN.Wunderland says:

      Well I think Daffy Duck would love to own 65 million loans, we could make him a real estate mogul, a force to be reckoned with…lol. I would lol reading the lawsuit by Mers against Daffy.

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