MERS Speak | Setting the Record Straight – MERSCORP’s Response to Some of Attorney General Schneiderman’s Claims

Setting the Record Straight: MERSCORP’s Response to Some of Attorney General Schneiderman’s Claims

FOR IMMEDIATE RELEASE

CONTACTS:
Janis L. Smith
703-738-0230
janiss@mersinc.org

Karmela Lejarde
703-761-1274
karmelal@mersinc.org

Mortgage Electronic Registration Systems, Inc. (MERS) takes its role as a mortgagee very seriously. The MERS® System is an important part of the mortgage industry and the MERS business model has been consistently validated in all 50 states. All of the activities of MERSCORP and MERS are in compliance with state and federal laws. We are confident that as people understand more about MERS and the role we play, they will see that MERS adds great value to our nation’s system of housing finance in ways that benefit not just financial institutions, the broader economy and the government, but—most of all—homeowners.

AG Schneiderman Claim #1: Defendants have improperly brought New York foreclosure proceedings in MERS’ Name

MERS FACT: The right to bring a foreclosure action is determined by the Plaintiff’s relationship to the mortgage loan, which is whether the entity bringing the action is the holder of the note or authorized by the holder of the note to bring a foreclosure action. MERS was authorized by the note holder to bring foreclosure actions in its name, and the borrower agreed that MERS may be the entity who may foreclose on the property in the event of a default. That being said, since July 2011 MERS no longer acts as foreclosing entity. In addition, MERSCORP never received a fee or made any money on foreclosures initiated in MERS’ name.

AG Schneiderman Claim #2: MERS Certifying Officers, including defendant servicers’ employees and agents, have submitted false, deceptive and often legally invalid documents in New York foreclosure proceedings

MERS FACT: When MERS is the mortgagee and is not the entity foreclosing, MERS executes an assignment of a mortgage that transfers all of the interests in the mortgage to the entity that is foreclosing prior to the commencement of the foreclosure. The courts have held that MERS may assign its interests, as a mortgagee, and that such assignments are valid.

AG Schneiderman Claim #3: The use of MERS certifying officers by defendants has confused and deceived homeowners and the courts.

MERS FACT: It is perfectly proper for MERS, as the mortgagee, in order to fulfill certain acts required of the mortgagee, to appoint signing officers (or agents) to act on MERS’ behalf. To act as a principal for its signing officers is not a deceptive trade practice. There is no requirement under New York law that a principal must disclose whether its agents are employed by another entity. These agents authorized to act on behalf of MERS are not employees of MERS, but employees of the loan servicers or sub-servicing companies. Signing officers are duly authorized to perform their responsibilities on behalf of MERS who is the mortgagee – in compliance with applicable laws – and to sign their own names and to use the titles “vice president” and “assistant secretary” of MERS.

AG Schneiderman Claim #4: MERS and defendant servicers through their use of MERS have concealed important information from homeowners about their property and the role that MERS plays with respect to their mortgage.

MERS FACT: MERS does not hide ownership or undermine the integrity of land records. Any mortgage holder registered in the MERS® System can easily access information related to their mortgage on our website or through a toll-free number. Federal law provides that consumers are notified for changes in investors or servicing status. In addition, county land records were not intended to identify the servicer of a mortgage or the current note holder; they are intended to provide notice to purchasers of property that there is a lien on the property and when that lien was perfected.

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SOURCE: http://www.mersinc.org

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4closureFraud.org

Comments
12 Responses to “MERS Speak | Setting the Record Straight – MERSCORP’s Response to Some of Attorney General Schneiderman’s Claims”
  1. lvent says:

    I was told by an attorney a while back that MERS cant foreclose in the State of Illinois….
    .BUT THEIR LURKING EVERYWHERE!!!
    In the latest filing, I noticed the bank attorney redacted the MERS as nominee from the COPY of the mortgage contract..
    I had an attorney do a title search a while back, and at the top of the ELECTRONIC TITLE SEARCH….. it reads AMCORE BANK N.A. MERS…
    Well, Amcore Bank, the Origination fraudsters..have MAGICALLY BECOME…a so called failed bank since 2010..!!
    They were the largest Bank failure in Illinois history..
    They are also under investigation for fraud if course…!!
    I found out some more criminal crap when I did a little of my own investigating..
    I found out that Amcore Bank is hiding inside of MARSHALL and ILSLEY BANK..
    MARSHALL and ILSLEY WERE ONE OF THE BANKS BAILED OUT BY THE U.S. TAXPAYERS OF COURSE..
    AMCORE and many other, so called, Failed banks are hiding their criminal asses in there..
    Amcore claims to now be in a NOT FDIC INSURED, UNSECURE TRUST CALLED NORTH STAR TRUST…
    AT THE SITE THEY INSURE THEIR “INVESTORS” THAT THEIR INVESTMENTS ARE SAFE AND SECURE…
    WAIT JUST ONE EFFING MINUTE…..
    THAT MAKES NO SENSE BECA– USE…
    THEY ALL ALREADY GOT PAID OUT OF THE BAIL OUT MONEY!!! ….
    SO WHAT EXACTLY ARE THEIR INVESTORS INVESTED IN…??? OUR FRAUDCLOSURES????
    THAT IS MORE FRAUD!!
    These CROOKS MUST GO TO PRISON..!!!
    THEY ARE MAKING A MOCKERY OUT OF THE AMERICAN PEOPLE!!!.
    I would like to know WHY the BANK ATTORNEY..FISHER AND SHAPIRO…REDACTED MERS FROM THE COPY OF THE MORTGAGE IN THE LATEST FILING…? ..
    THE FRAUDCLOSURE WAS FILED BY THE SERVICER..PHH MORTGAGE…BUT, THEY JOINED US THE DEFENDANTS, TO FRAUDCLOSE ON MERS..
    I KNOW THEY ARE third party debt collectors..but why would they have redacted MERS from the copy of the mortgage IN THE LATEST FILING when they are trying to foreclose on MERS..??..
    BY PHH SAYING THEY HAVE THE NOTE AND MERS OWNS THE MORTGAGE…I KNOW THATS PROOF OF FRAUD…
    NEITHER ONE ARE BANKS..
    NEITHER ONE OWN SHIT..
    PHH BECAME THE SERVICER 2 MONTHS AFTER THE CLOSING…
    NO ASSIGNMENT OF COURSE…
    NOR COULD THERE LEGALLY BE AN ASSIGNMENT BECA– USE, OF COURSE, AMCORE NEVER SOLD THE LOAN..
    NOR COULD THERE BE AN ASSIGNMENT TO MERS BY AMCORE EITHER OF COURSE…
    I KNOW THAT IS THE ORIGINATION FRAUD…
    I KNOW THE LOAN WAS NEVER SOLD AND I KNOW THAT THEY ONLY SOLD INTERESTS IN THE NOTE..
    OVER AND OVER…
    THERE IS A TON OF REDACTING…REDACTING OF FRAUD AND FORGERY…LOAN #S..AND SO ON…BUT WHY WOULD THEY REDACT MERS FROM THE COPY OF THE MORTGAGE NOTE IN THE LAST FILING?
    THERE IS ENOUGH OBVIOUS FRAUD IN THIS FRAUDCLOSURE TO CHOKE A HORSE AS IT IS…
    THERE ARE PLENTY OF CASE ENDING FATAL FLAWS IN PLAIN SIGHT…THAT SHOULD HAVE DISMISSED THIS FRAUDCLOSURE A LONG TIME AGO..
    I HAVE FILED 2 MOTIONS TO DISMISS ALREADY ON THE FORECLOSURE FRAUD AND THE JUDGE JUST TELLS ME ..YOU HAVE TO HAVE A HEARING…!!!
    WHY EVEN WASTE THE COURTS TIME..? AND THE TAXPAYER MONEY WHEN THE FRAUD IS APPARENT ON THE FACE OF SOO MANY DOCUMENTS.???…
    ILLINOIS COURTS ARE WELL SETTLED ON ANY ACT OF FRAUD IN A LEGAL CONTRACT..
    THAT ANY ACT OF FRAUD IN A LEGAL CONTRACT IS A NULLITY TO THE CONTRACT AND VITIATES THE ENTIRE COURT PROCEEDING…
    ITS ALL A JOKE..
    AND I ALREADY TOLD THE JUDGE…THEY ARENT GETTING ANOTHER DIME FROM ME UNTIL THEY PROVE THEY OWN MY LOAN…
    THE BANK ATTORNEY ALREADY REVEALED TO ME WHAT I ALREADY KNEW,
    THAT THERE IS NO TRUST, OR TRUSTEE…THEY HAVE NO ASSIGNMENT..
    THEY ARE ALL MAKING A MOCKERY OF THE U.S. JUSTICE SYSTEM AS WELL AS THE AMERICAN PEOPLE AND IT IS A DISGRACE!!!

  2. Sandy says:

    This effort to make MERS seem legitimate makes me sick. Literally.

    Perhaps one of the MERS folks blowing smoke would like to explain this memo, which came from a MERS paralegal who was still listed on the MERS site as part of its legal team when I checked the Web site recently:

    RE: MERS Corporate Resolution appointing MERS Certifying Officers

    Dear Sir or Madam:

    Enclosed is a MERS Corporate Resolution appointing MERS certifying officers.

    A certifying officer holds the title of an assistant secretary of MERS and that is the title that should be put on all documents that are signed for MERS by a certifying officer. However, in a few states it has been brought to our attention that it is required that the signatory hold the office of a vice president or above. Therefore, it is acceptable to use the title of vice president in Maryland, Mississippi, Nebraska, Oklahoma, Kansas, North Carolina, South Carolina, Pennsylvania. Please let me know if you are aware of other states that require documents to be signed by the individual with another title other than an assistant secretary.

    The corporate seals are $25.00 each plus shipping. MERS will send an invoice for the cost of the seals and shipping at a later date.

    If you have any questions or comments please feel free to contact me via email at Cameliam@MERSINC.org or by phone at (703)761-211.

    Very truly yours,

    Camelia Martin
    Paralegal
    Enclosures

    So here we see that if a MERS certifying officer needs to lie, go right ahead, it’s perfectly acceptable to MERS.

    Self-appointment and $25 will magically produce a vice president of a corporation with a corporate seal and authority to transfer real estate. And if multiple corporate seals are needed, just order them and MERS will send an invoice later! No need to slow down robo-signing over a little old technicality!

    What disgusting mockery! Allowing MERS to continue and its “officers” to go unpunished is a disgrace to this country. Corporate law is in place for good reason in the states requiring a vice president or above to sign documents transferring real estate. People from Maryland, Mississippi, Nebraska, Oklahoma, Kansas, North Carolina, South Carolina, and Pennsylvania should be livid over this egregious disregard for state law and individual due process!

    I just feel really sick about what is happening in our country.

  3. James Hunter says:

    The thing about New York is that a agent cannot act without it’s principal. General Obligations Law 5-701 and 5-702 see also bank of new York vs alderazi. They will have a tough time convincing a judge to circumvent a state statues and other case law.

  4. readdocs says:

    I keep asking, how does a database (MERS) possess a physical thing? How does a database
    perform a foreclosure? How does a database do any human thing? There are no humans associate
    with the database (MERS), because the database does not have human employees. Yet the banks,
    and the courts keep treating the damned thing (MERS) like it’s a human being!

    • lvent says:

      Readdocs…MERS CANT OWN ANYTHING…THEY ARE NOT A BANK…SAME WITH THE SERVICERS..IT IS ALL A BIG GIANT FRAUDCLOSURE SHAM, SCAM AND A FRAUD…!!! .LIES…!!! ITS ALWAYS BEEN ABOUT WHAT THEY CAN MAKE YOU BELIEVE…THATS HOW THEY SNEAK IN TYRANNY….!!! REJECT ALL OF THE LYING ASSHOLES…!! SCREW THEM ALL….!!! THE LIARS AND TRAITORS….!!! THEY ARE ALL FULL OF SHIT LIARS, LOUSY LYING TRAITORS…..!!! GUTS…GUNS…AND BULLETS!!!!

  5. Andrea Guice says:

    The 2nd phase of the MERS fraud: Mince words to further mislead the Courts via their fake computer system to keep the deception of fraudclosures going for banks and Fannie & Freddie Mac! ie., “screw the 99%” !
    It’s sickening how these greedy sick bastards have become so morally decayed!

    • lvent says:

      That’s because they are all in Satan’s army…We are in Gods army…Dont be fooled about what this is….This is another moneyed elite Hitler Plan…WE HAVE ALL LIVING UNDER AN UNCONSTITUTIONAL AND THEREFORE ILLEGAL TYRANNY EVER SINCE CONGRESS CREATED THE FEDERAL RESERVE…!!!..This is WAR….!!!!
      We must always be poised and ready for battle!
      Theses criminals are coming for our country next…!!! Our National Sovereignty…!
      GUTS, GUNS and BULLETS..LIVE FREE OR DIE..! NATIONAL SOVEREIGNTY WILL PREVAIL…!
      WE ARE NOT THE NATION OF COWARDS THAT THEY THINK WE ARE!!
      I SAW A BUMPER STICKER TODAY…IT SAID…WAKE UP AND SMELL THE TYRANNY….!
      WE WERE WARNED, WE THE PEOPLE SHOULD ALWAYS BE PREPARED TO DEFEND OUR LIBERTY…AND OUR NATIONAL SOVEREIGNTY…!
      LIVE FREE OR DIE!!!

  6. Fury says:

    i’m not convinced that an actual human being released that statement from MERS.

    i think it may have been computer generated or a robot like HAL from 2001 Space Odyssey.

    many of us have discovered that the f/c mill attorney du jour we faced in court was only reading instructions from a software program.

    hello Brave New World.

  7. abs says:

    lien on the property and when the lien was perfected? Why was the REMIC failed?

    • lvent says:

      The liens were never perfected..BECA– USE THAT IS HOW THEY COMMITED MASSIVE MORTGAGR FRAUD…..
      THEY NEVER SOLD THE LOANS…
      .JUST OVERSOLD INTERESTS IN THE NOTES…EXPONENTIONALLY….
      THAT IS THE ORIGINATION FRAUD…
      THERE IS NO LEGAL OR MONETARY FIX FOR THAT….THEIR DEBTS ARE massive…..$700 TRILLION DOLLARS IN MORTGAGE FRAUD…
      UNSUSTAINABLE AND CAN NEVER BE REPAID….I
      THEIR MASSIVE DERIVATIVES FRAUD DEBT IS A HIDDEN TICKING DEBT BOMB….
      .MERS and SERVICERS are not banks…THE CANNOT OWN A LOAN!!…..
      THE ONLY WAY TO CORRECT THIS IS ALL CRIMINALS MUST BE HELD ACCOUNTABLE ….
      NATIONWIDE LOAN RECISSIONS..
      .OUR HOMES AND BUSINESSES ARE PAID FOR BECA– USE THESE CRIMINAL FINANCIAL INSTITUTIONS COMMITTED A TOTAL $1.2 IN DERIVATIVES FRAUD…
      ALL STOLEN HOMES AND BUSINESSES MUST BE RETURNED TO THE PEOPLE….
      THROW OUT THE FAILED FED…..THE DICTATORSHIP…ALL OF ITS MINIONS AND COHIRTS….
      ISSUE OUR OWN CURRENCY …
      AS THE U.S. CONSTITUTION. REQUIRES…BACKED BY OUR OWN NATURAL RESOURCE REVENUES…..STATE BANKS….
      .BTW…..DOESNT IRAQ AND AFGHANISTAN OWE THE U.S. TAXPAYERS TRILLIONS FOR SAVING THEIR ASSES WITH OUR MILITARY….????
      AMERICA IS NOT BROKE…..
      WE HAVE BEEN BEING SWINDLED OUT OF OUR WEALTH BY THE MONEYED ELITE….THEIR MINIONS AND COHORTS AND THE TRAITOR POLITICIANS FOR DECADES..
      .THROW OUT THE FED….!!
      NATIONAL SOVEREIGNTY AND AMERICAS PROSPERITY WILL PREVAIL…!!!! GOD BLESS AMERICA…!!!

  8. Katheryn says:

    MERS is nothing more than fannie and the major mobsters. Nothing deters them. They fear nothing. They did as they please and will continue to do as they please. They are invincable. Cleary it is they who are feared as nothing else explains their sheer and blatant arrogance.

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