Now this is classic!
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Just a Darn Minute Here
ATLANTA (CN) – Mortgage Electronic Registration Systems claims William Davidson deceptively incorporated his Mortgage Electronic Registration Systems in Georgia, causing people to believe they had properly served the real MERS by sending notice to Davidson.
MERS seeks punitive damages on six counts, including bad faith, theft by deception, trespass/conversion, deceptive trade and trademark violations.
MERS claims Davidson incorporated his own MERS with a principal place of business at his home address in Lawrenceville, Ga.
The true MERS is a Delaware corporation developed by Fannie Mae and Freddie Mac which “serves as the mortgagee or beneficiary on more than 70 million mortgages, deeds oftrust, and security deeds for properties across the country, more than 2.3 million of which are located in Georgia,” according to the federal complaint.
MERS says Davidson incorporated his copycat business on March 10, 2011 in Georgia.
“Davidson is not the registered agent for MERS, and MERS has never implicitly or explicitly authorized defendant to accept service of process or delivery of any documents on its behalf,” the complaint states.
“Nonetheless, instead of rejecting all such deliveries as not belonging to him and informing the senders of the truth, defendant Davidson has been receiving legal documents meant for MERS, without then delivering such documents to MERS or even informing MERS of his receipt of them in a timely manner.
“Defendants have expressed the intention of obtaining agents for service of process for their business in all fifty states, conduct which would have the natural effect of spreading increasing confusion nationwide.”
MERS says it sent Davidson a cease and desist letter on May 12, 2011.
“Defendants responded with an undated letter, a copy of which is attached as Exhibit D, in which defendants stated that they would ‘be happy to forward any lawsuits’ that were served on them. However, defendants still refused to change their business name or take any other steps to prevent or reduce confusion. Some documents were included with that response.
“More than two months later, on July 27, 2011, MERS received from defendants a second package containing miscellaneous documents related to legal actions involving MERS, referred to by defendants in the transmittal note, a copy of which is attached as Exhibit E, as ‘your documents.’
“Review of the documents received from defendants indicated that MERS was in danger of, or was already in, default in several lawsuits currently pending in
Georgia’s State and Superior courts and in this Court if the courts involved believed that MERS had been properly served, and that MERS had missed at least one in-person conference in the Bankruptcy Court for this District.
“After the passage of another three months, without receiving any more documents from defendants, MERS again contacted defendants in writing, through counsel, to ask whether defendants’ silence meant that they had not received any more documents intended for MERS. …
“A full month later, on November 30, 2011, defendants delivered a box full of documents, some of which were dated more than three months earlier. A copy of the note enclosed in that box is attached as Exhibit G. On December 12, 2011, another batch of documents was delivered. This batch included several bearing dates before the previous delivery.
“As of the filing of this complaint, defendants continue to hold themselves out as Mortgage Electronic Registration Systems, Inc., despite having full knowledge that the use of that name by defendants confuses, deceives and misleads the public to the detriment of MERS and those who have legal business to conduct with MERS in Georgia. MERS has been and will continue to be irreparably damaged for so long as Defendants are allowed to continue using the trade name Mortgage Electronic Registration Systems, Inc. in Georgia.”
MERS wants the court to order Davidson to knock it off, and punitive damages.
It is represented by Joshua Tropper with Baker, Donelson, Bearman, Caldwell & Berkowitz
Complaint below…
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4closureFraud.org
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Story after story, talking with others, reading people’s sad stories, watching 60 min and other venues that have a story, even from my attorney, banks are blatantly, adamently refusing to cooperate with modification efforts, even when sued! They pay their attorneys to fight the suits regardless. Can someone tell me why?
The New World Order are pushing the banks to fraudclose…they made it more lucrative for the banks to fraudclose…and there is a reason for it…..the government gets in on the insurance money and they get the stolen house…this is a Hitler plan…the new world order wants to steal everything from the people under the guise of debt….the debt of their perps that can never be repayed…nothing with the government ever happens by accident…if something happens you can bet it was planned that way….I think F.D. R. said that….the new world order has hijacked America…and now I hear they are saying the European debt crisis could bring us down…the new world order can eat all of their perps fraud and I hope they all choke to death and die on their own derivatives fraud excriment…..!
Bottom line is this was never about monetary gain with the top of the pyramid….$$$$$$ was just the tool they used to incentivize this evil plan for their perps……this was about stealing everything from the people with their weapons of financial mass destruction….from the traitor politicians to the banks they own… this was never about the $$$$$ for these psychopaths at the top…..
Pot calling kettle black?
While it may seem to be a kick in the pants, there’s really nothing funny about this, the guy who incorporated in Georgia is playing with fire.
The Court will most likely find for the Delaware MERS and then (at the very least) make him (or try to) pay for the legal fees to un-do the “damage” he did.
Defaults (where they didn’t answer because they didn’t know about the suit) can be reversed, and in this case… they have a viable excuse as to why they didn’t answer the complaint.
What about the damages the Delaware MERS has done??? This Davidson is as big as a crook as MERS itself. MERS needs to be shut down.
I’m not saying MERS (Delaware) is a “good” corporation, or that they should be in business. I think they are a bunch of scum sucking crooks too.
There is, however, NO BENEFIT to trying to divert the proper service of a lawsuit from the intended defendants (Delaware MERS). See, what happens is the Plaintiff homeowners think that they have “won” against Delaware MERS because they didn’t answer the lawsuit, but that’s not really true. If the Palintiffs move for a default judgment based upon the “non-answer” then ALL Delaware MERS has to do is show that tehy were never PROPERLY (and that is the important distinction here) served and they ask for the default to be opened OR to ask for themselves to be dismissed as a defendant BECA– USE they were NEVER PROPERLY SERVED.
So, in the long run… while this is seemingly a funny goof against some f***ing crooks, this winds up harming the homeowner who thinks they have properly served Delaware MERS when , in fact, they have not.
If you are the defendant in a lawsuit and you are not properly served, the Court treat you as if you have not been sued… and there are strict time limits (especially in Federal Court) as to how long the Plaintiff has to PROPERLY serve the defendants. If you don’t serve the defendants, they get let out of the suit by the Court… now, what’s funny about that?
Theft!!!??? hummm but that is what they do??? hummm
Awwwwwwwwww MERS is upset about deceptive practices by…..MERS? hahahaha….. thats funny 🙂