Fraud Digest | Putting an End to MERS

Putting an End to MERS

What has changed in the world of mortgage assignments since the FDIC/OCC/Treasury Consent Orders?

When is a mortgage assignment actually an Affidavit posing as a mortgage assignment?

When will all Recorders of Deeds file Declaratory Judgment actions seeking to enjoin the filing of mortgage assignments by document preparers:

1. that falsely state the employer and/or address of the preparer or signer (or that only use the MERS title when the signer is not directly employed by MERS);

2. that fail to plainly set forth the date the mortgage was assigned to the assignee; or

3. that contain language about the holder of the note, such language being extraneous to an Assignment of Mortgage.

 

Why are such Declaratory Judgment actions needed?

This is the new language appearing on many mortgage assignments where Deutsche Bank National Trust Company is the Trustee the Trust is the Assignee and MERS is the Assignor:

This loan was held by the Assignee prior to the Assignee filing a foreclosure action on May 21, 2008. The date of the execution of this Assignment of Mortgage by the Assignor is not reflective of the date the loan was transferred to the Assignee. The execution of this document is a ministerial act to comply with the state law as to how the transfer is to be documented and is not reflective of the transfer date itself.

(Instrument #2011383648, Official Records, Hillsborough County, Florida.)

This is signed by Srbui Muradyan who is identified as Assistant Secretary, Mortgage Electronic Registration Systems, Inc., as Nominee for WMC Mortgage Corp. This document was notarized in Ventura County, CA, on October 25, 2011.

According to a statement in the upper left-hand corner of the document, the preparer was Tanya D. Simpson, Esq., of the law firm Smith, Hiatt & Diaz, P.A., a foreclosure mill in Ft. Lauderdale, Florida.

The receiving trust is Soundview Home Loan Trust 2007-WMC1.

When was the mortgage assigned to the trust? That essential question is not addressed by the Mortgage Assignment.

The signer and preparer purport to know that the loan (note: not the mortgage – the loan – that is, the promissory note) was held by Deutsche Bank as Trustee prior to May 21, 2008.

How is a Bank of America employee competent to state when Deutsche Bank National Trust Company acquired a loan?

In reality, Srbui Muradyan works for Bank of America in California. On many other mortgage assignments, Muradyan’s name appears as the preparer and the address for Muradyan is 450 E. Boundry Street, Chapin, SC – the address of Corelogic, one of the newest and largest document preparers in the country. (See Assignment of Mortgage, Book 2011, Page 13758, Pottawattamie County, Iowa – available through a Google search.)

Muradyan’s signature is always notarized in Ventura County, CA.

These new Assignments fail to plainly set forth the date that the mortgage was assigned; the individuals signing use a MERS title, never revealing their actual employers; the address of the signers is either not provided or wrongly stated, making it that much more difficult for a homeowner in foreclosure to take a simple deposition.

The OCC Review Process is not working; banks and trusts continue to use the MERS guise to seize properties without proof of ownership. The language has become even more convoluted. Tens of thousands of MERS Mortgage Assignments continue to be filed each month throughout the country.

Attorneys General Beau Biden of Delaware, Martha Coakley of Massachusetts and Eric Schneiderman of New York have all sued MERS and a declaratory judgment and injunctive relief may be part of their overall strategy. Their actions, however, will only help the citizens of Delaware, Massachusetts and New York.

While the many Linda Greens may have retired their pens in Alpharetta, there are hundreds more taking their places, still using MERS titles, still pretending to be bank officers when they are untrained clerks working for document mills.

Another solution is legislative: the Truth in Mortgage Documents Act previously discussed in Fraud Digest.

The simplest solution is for judges everywhere to reject these misleading documents and sanction the filers.

The end of MERS is long overdue.

~

4closureFraud.org

Comments
5 Responses to “Fraud Digest | Putting an End to MERS”
  1. Ron Moss says:

    That infiltration began back in 1913 when the unfederal reserve was unlawfully adopted by a bought congress
    That is why Ron Paul with his plan to dismember the federal reserve needs our votes.

  2. Jim Bethea says:

    I did a great deal of research on MERS in 2005 and discovered via their own website blog and the DE Sec of State filings that MERS is actually 2 corporations with the same name…….Why 2 different corps? Risk/loss ….If one gets sanctioned or has licensing revoked then the attorneys will say ……”this corporation” doesn’t have any money or assets to claim……….hee hee

    But it gets better….MERS is owned by 29 of the largest banks and title insurance companies in the US….MERS use to boldly sue for foreclosure in their own name until all of this fraud started hitting the legal fans….It their own company bylaws it clearly stated that if any of the 29 shareholders every want to sell their holdings in this company that IT MUST BE SOLD BACK TO THE COMPANY OR ANOTHER SHAREHOLDER…never to a public entity………..When any of the alleged “holders of the notes” has a problem, then the account in question can be easilly converted over into the name of one of the other shareholding companies of MERS……….

    The Q & A blog board use to expose such questions as: “I am a parallegal at the law firm that is representing MERS in a local foreclosure but there are places that need the signatures of some officer of MERS, How do I get someone from MERS to sign and return these documents??””…………..Here we go ~~~ “You don’t have to return these documents for signatures, since you are associated with our MERS group you can just call yourself the VP, Director or whatever title you want to assume and sign them yourself”……….Pretty bold hun??

    As more and more people are learning of the MERS ongoing fraud [but not only the fiction named MERS but the 29 other shareholders that no one ever speaks of] I am sure that these crooks have already created another similar crook/corrupt company by another name to front for their fraud if MERS is totally eliminated……

    I sued Equifax in 2006 and discovered that Equifax has 31 identical corporations registered in the state of Georgia under the same name………Equifax Financial Services, Inc………..Do you think anyone would get gozillions of dollars in a winning lawsuit against them………..I won thru sidebar settlement, but it had gone before a jury in federal court they would have claimed the corp that lost had no money or assets to pay……….

    You can’t milk a poisonous snake and put him back on the ground thinking he cannot hurt another now……..you have to cut the heads off of them to make sure………….lol

  3. readdocs says:

    How can a prepared dot signed in one state be notarized in another? These people must be
    able to be in two places at the same time.

  4. Linda says:

    This is further evidence that the 1% don’t care about laws. They will continue to do as they please.

    • Bobbi Swann says:

      that’s right Linda and the (pending, yet to be approved) Foreclosure Agreement by all the states, is just allowing them free rein to continue. So, don’t anybody be fooled….this is just another ploy by those evil (666 collaborators) who have infiltrated our government…..same ole propaganda that has been playing for the last 50 years!

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