Florida Clerk of Court (NOT SHARON BOCK) Sues Mortgage Electronic Registration System (MERS) for Civil Conspiracy, Unjust Enrichment, as well as Fraudulent and Negligent Misrepresentation

Some very interesting spin in this one from MERS spokesperson Janis Smith.

Her statement…

“The MERS System is not a legal system of record or a replacement for public land records. No interests are transferred on the system—they are only tracked,” Smith, Merscorp vice president of corporate communications, wrote in a response to emailed questions. “MERS does not have or maintain any document recording system, public or private, and does not do anything to compete with or supplant the public records for land located in the County records.”

She then goes on to say…

MERS is the true owner of the mortgage, and is not, in the complaint’s words, a “straw man” placeholder listed in public records.“The ‘owner of the loan’ is the party who has possession of the promissory note, but the promissory note is not, and has never been, and is not required to be disclosed or filed in the public records”

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Florida Clerk, Delaware AG Sue MERS

County and state officials are turning up the heat on MERS, as recent lawsuits filed in Florida and Delaware challenge the validity and accuracy of the mortgage industry-controlled loan registry.

The most recent lawsuit was filed by a county clerk in Florida, and seeks class action status to represent the state’s 67 counties. The complaint alleges the use of MERS does not comply with state property laws and has cost municipalities millions in unpaid recording fees.

Jim Fuller, the clerk of Duval County, filed suit against Merscorp Inc. and its wholly owned subsidiary, Mortgage Electronic Registration Systems, Inc., on Oct. 31, claiming civil conspiracy, unjust enrichment, as well as fraudulent and negligent misrepresentation. The suit also seeks a hearing to determine the validity of tracking note transfers on the MERS System and a court injunction to prohibit the use of MERS in Florida.

“MERS has usurped the rights and privileges of the Florida Clerks of Court by establishing, maintaining and inducing lenders to use its private recording system, which unlawfully interferes and competes with the public recording system,” the suit, filed in state circuit court, reads.

Merscorp spokesperson Janis Smith said the suit’s allegations are inaccurate and false.

You can check out the rest here…

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4closureFraud.org

Comments
13 Responses to “Florida Clerk of Court (NOT SHARON BOCK) Sues Mortgage Electronic Registration System (MERS) for Civil Conspiracy, Unjust Enrichment, as well as Fraudulent and Negligent Misrepresentation”
  1. dRp says:

    I’ve talked to Duval clerk. Case # 2011-CA-8974.
    They will send copy for $20. Unlikely, but perhaps the atty would send a copy for free.
    IF no one else does I will next week, so please update here if anyone does.

    dRp

  2. Mary says:

    Where can I get a copy of the above transcript?

  3. Mary says:

    Where can I get a copy of this transcript?

  4. Judith McDonald says:

    Every recorder of Deeds has lost revenue,banks INC. Mers to avoid recording fees.What State can afford to allow Banks making huge profits Not pay fee’s to the various counties all over USA. Mers Inc. & myself on 7/20/2011 assigned my Home to Alaska Fed Cr Union located in VA. where Mers is located. Bank of America had CoreLogic with CA. notary declare I agreed to this action that Bank of America thought they could get away with, but for Great Karma I was inspired to go on line to State of Delaware recorder of Deeds and see Mtg. Satisfied 10/2007 and as I said on 7/20/2011 Fraud was committed. Just one of my stories of the last 2 years dealing with lies.
    Counties get extra revenue by making Banks pay.

  5. J. Alonzo says:

    Down with Mers! Audit the Fed! Ron Paul For President! Freeedooom!

  6. Beth A. says:

    Interesting…note the MERS spokesperson’s former employers from a MERS PR notice of her hiring:

    Reston, Va., April 29—Janis Smith has joined MERSCORP, Inc.’s executive leadership team as Vice President for Corporate Communications. She is responsible for corporate communications strategy and initiatives, media relations and internal communications.

    Smith joined the company this month and brings with her over 25 years of experience in the financial services industry. She has demonstrated expertise in strategic public affairs counseling, media relations and financial services policy. Smith is a seasoned spokesperson on matters related to the mortgage industry, consumer finance, community development, the Community Reinvestment Act, and industry compliance with consumer protection laws, fair lending, and enforcement actions. Her previous experience includes service with the Federal National Mortgage Association, the Office of the Comptroller of the Currency, the Office of Thrift Supervision, the former Federal Home Loan Bank Board, the Federal Home Loan Bank of Boston, and the Massachusetts Companies, Inc.

  7. Readdocs says:

    HTH can a group of servers own anything? There’s no REAL persons affliated with,
    associated with, hired by MERS. It is a bunch of computers (servers) installed
    on racks in an undisclosed building where there are no HUMAN BEINGS. How does
    MERS (it) own, or possess anything? On the other hand MERSInc has about 2500
    employess scattered over the united states, but there’s no affirmation that this company
    owns anything dealing with MERS the database. MERS is wholly owned by MERSinfo,
    but what is stored in the databanks is not the same as the human occupied MERSInfo.
    The courts and judges need to be educated about this entity so they can make more
    informed decisions about what they are dealing with in the justice system.
    As to the moron stating two things contradicting and negating her statement about MERS
    she can’t have her cake and eat it too.

  8. Alina Virani says:

    True owner, eh? Prove it!!! Show me the money trail that makes MERS the “true” owner.

  9. Granicus says:

    FINALLY………………………Florida has been called a “Banana Republic” in the past for good reason. I hope that we the people are able to claw,scratch back all the money MERS and its members have stolen in recording fees (tax dollars) from every county in Florida. Further maybe we can via this suit clear all the clouds on title that MERS has inflicted on Florida.

  10. Triumphant says:

    IT WOULD NOT SURPRISE ME if the banking industry in Florida were wishing for just such an action relating to MERS for the express purpose of defeating it and having MERS declared “legal” by Florida state courts. I wonder whether this County Clerk and his attorneys are truly willing to fight for Florida consumers and taxpayers, especially when it means pissing off the banks, some of which are based in Jacksonville. It surprises me that this action was brought in Duval County. I could be uninformed. Does anybody have any sense of the Clerk’s sincerety / motivational background? A half-hearted whack at MERS by this County Clerk could be disasterous.

    I second Stupendous Man’s wish for a copy of the actual complaint, to see if it is anywhere near on par with the Delaware AG action.

  11. Death is near. Every reader of this blog, CONTACT your local county recorder office – TODAY. Don’t wait for the asleep-at-the wheel AG offices. Ask your local recorder to file suit to “claw-back” the millions in un-paid recording fees owed by MERS.
    Read our latest compilation of cases/suits/actions …against the Straw man (MERS Corp and MERS)
    …..MERS on Life Support – legal rasping – Death is near.
    http://ohiofraudclosure.blogspot.com/2011/10/mers-on-life-support-legal-rasping.html

  12. Stupendous Man - Defender of Liberty, Foe of Tyranny says:

    I hope you get the complaint itself posted soon.

  13. Litgant says:

    MERS is a shake-down company that stole billons of dollars in fees and kept those moneys for its own profit and organization, and deprived the various states and their subdivisons from their proper fees for keeping accurate land records.

    MERS needes to be executed by several states firing at the same time.

    MERS is a criminal company having committed grand theft of billions of dollars. This scheme is far larger than Maldolph and his scheme. Where are the feds on this? Why no action? There could arise a thousand new companies like MERS, one in each state, if this outfit is allowed to breathe another day. Why is there no injunction to close this place down until a court determines its validity? Why has an injunction already not been placed in EVERY STATE, to record all mortgage transfers with the land records offices, and a stiff penalty if it is not done.

    MERS is still taking these every day and no one has an injunction against it.

    Injunction time somebody.

    Please, will some judge order it today?

    Thanks all you great people of America.

    Keep up the fight.

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