BAIN v. MORTGAGE ELECTRONIC REGISTRATION SYSTEMS | Washington State Supreme Court to Rule on Legality of MERS

Might have livestream of oral arguments here 9am PT http://www.tvw.org/

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4closureFraud.org

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15 Responses to “BAIN v. MORTGAGE ELECTRONIC REGISTRATION SYSTEMS | Washington State Supreme Court to Rule on Legality of MERS”
  1. Igor says:

    EVERYTHING we here and see is a deception, intended to cloud our vision. This WHOLE mess is about MULTIPLEDGING, COUNTERFEIT MORTGAGES. Its about the fact that no one knows who the ACTUAL lender is, and who owns the title to the property. Its NOT about ‘foreclosure’, but it is about violation of borrowers rights. We are being forbidden to know that many of these ‘foreclosure’ were ENGINEERED by the lawyers, and had nothing to do with a buyer not being able or willing to pay on their mortgage. Its about an elaborate cover-up of an even more elaborate crime. We re told that there was about 87bilion USD in the trusts from mortgages. But, we are told their are 7 trillion in bad mortgages!? The spread is the counterfeits! IMHO

    • John says:

      It is all about standing up and telling the Government in your state that you are sick and tired of all this and you are not going to take it any more. Start getting organized and find others in your state who are sick and tired also.

      It is about getting these individuals who call themselves politicians and wanting to help the people and we find out after electing them they go South and they don’t even know who you are anymore.

      It is about writing letters every day and voicing your complaints until you are heard.

      We do not have to accept this “DEAL” with the Banks. WE ARE THE PEOPLE and we need to show this government that the majority of the “Ding-Dongs” (hello, is any one home?) need to be thrown out, dragged out and stripped of all their benefits that they voted for themselves, gotten rid of for getting us all in this mess…

      Did any Attorney General out there consult with any Homeowner as to what they would like to see in the form of prosecution or the amounts necessary for the homeowner to be made whole. AG Dustin McDaniel of Arkansas didn’t. Neither did the Arkansas Department of Securities. Both of these offices are nothing but a joke in how they operate.

      Let me give you an example. In the Arkansas Department of Securities they are use to giving out Broker Licenses before doing a back ground check causing great harm to a large number of homeowners before finally realizing that a person lied on the application. Oops! I guess we need to a background check before giving out a license.

      Believe me you, there was a purpose behind all this and we need to know what it is. Write those letters now and tell the AG not to settle. There is no deal still yet. I have not seen any judge’s signature and no clerk stamp on the documents.

      Forensic Mortgage Audits and Foreclosure Defense
      Student Loan Securitization Audits
      Credit Card Securitization Audits
      oliver@ipa.net

  2. Ali says:

    MERS is a”recording” entity, nothing more. They were made up by the banks avoid paying recording fees to the local county recorders office against the UCC. Every transaction regarding real property must be recorded (includind asssignments and it even includes trusts). If not bifurcation entails and the chain of title is broken, there by nullifying the mortgage contract and the mortgage becomes a negociable instument. If they want to change the laws, there has to be legislation to do so and that could take a very long time, I think it it must be put on the ballot so the people can decide if they want the law to change. NO legislating from the bench. That would surerly be suide in an election year. Everyone needs to go, now! Starting at the local level where this fraud is rampant, I found there hasn’t been a clear title on our house since the S & L debaukle and its the same players. Same fraud only 70x larger!!! Someones going to have to take the perp walk! Thats why this morgage settlement is taking so long, they are tring to decide who!

    • Igor says:

      Ali, MERS was apparently designed, under the guise of ‘streamlining the mortgage process’ to conceal the loans from the lenders. A lender cannot know, when they pay on a mortgage, that there are a dozen multi-pledged, counterfeit mortgages on that same property being generated by the loan broker!

  3. HeatherZ says:

    P.S. MS. BAIN — GOOD LUCK TO YOU!

  4. HeatherZ says:

    NotAnAtty: I don’t understand why this is an issue, since MERS cannot sell, assign, transfer, any right, title or interest in the subject property if they were never conferred that right in the mortgage “and” note, or via an assignment from the owner & holder of the mortgage & note. The mortgage is the only place that MERS is given any power, as “nominee” and MERS is not given any power in the note. I think that we all know by now, that the mortgage & note must travel together. MERS is not a beneficial party in interest & has no ownership rights which is what is needed in the State of Florida to enforce the note, pursuant to their own admissions. Which means MERS has no standing. In Florida, standing requires that the party prosecuting the action to have a sufficient stake in the outcome & the party bringing the claim be recognized in the law as being a real party in interest entitled to bring the claim. The entitlement to prosecute a claim in Florida courts rests exclusively in those persons granted, by substantive law, the power to enforce the claim/note. See Kumar Corp. v. Nopal Lines, Ltd., et.al., 462 So.2d 1178 (Fla. 3rd DCA 1985). There are so many cases on this matter now, I don’t understand why this is at issue here unless the lower court got it wrong. The failure of MERS to include indispensable parties also has me purplexed here because the beneficial parties that are so essential to a suit that no final decision can be rendered without their participation. Sudhoff v. Federal National Mortgage Association, 942 So.2d 425, 427 (Fla.5th DCA 2006). This case leads me to believe that there certainly must be more to it than what is being said here. I thought we were all on the same page here with MERS. MERS in their own testimony admits lack of power to litigate. So then, how is this poor lady’s case this miscombomorrated, has her attorney brought forth any of the appropriate motions on this? Can’t wait to hear what the Fla.Sup.Crt says! HeyAttys,HelpHer!

  5. Ali says:

    Whats to judge? There has been no legislation to date that says anyone can bypass their local Recorders office and use MERS, MERS, INC, or any other name they want to use. Sure that my change. But its kinda too late for the 1oo’s of years of land recording records that have been destoted and for that they must pay. Thaey broke the law, plain and simple!

  6. Pamela Edwards says:

    I hope everything goes well for her and this will help other people in our state as so far we’ve all been taken to the cleaners as we are a non judicial state so every under handed and sneaky trick in the book is pulled here.Let’s see what happens.

  7. StuckinSoPa says:

    Anybody else want to bet this gets settled out of court before hearing like so many others (well actually all, I think) and she gets the house scott free! Or a loan modification with reduced principle?

    • John says:

      Hey, I will take that bet…10 cents against $100.00…..I will email you my mailing address….

      oliver@ipa.net

    • lvent says:

      That is why J.FK. ‘s words from his speech on secret societies ring true today..”The very word secrecy is repugnant in a free and open society.
      Out of court settlements always mean that something is being hidden..People trust to much and do not verify…Most Americans just accept what they are told and simply fail to ask the tough questions…those are some of the reasosn why we are here..and money of course.

  8. lvent says:

    Even the word Investor is deceptive..What the investors were invested in was an ideology…nothing more…Foreclosure has become about an ideology and not the rule of law…that is what is so dangerous about fraudclosure.

  9. Ron Moss says:

    Is it legal to pretend to be something you are not? Like MERS is pretending to be an investor. Didn’t that come over from England from the Magns Carta ?

    • John says:

      Which MERS do they have in court. MERSCorp. Inc. is not the same as MERS, Inc. MERS has no employees and so on. However, I wish them “luck”……

      Forensic Mortgage Audits and Foreclosure Defense
      Student Loan Audits
      oliver@ipa.net

      • Elizabeth Powell says:

        I watched the argument; the Justices threw the plaintiffs softball questions and hammered on MERS’ counsel, which was worrisome. MERS’s argument was essentially, “what’s the problem? Why can’t the parties contract around the Deed of Trust Act as they see fit?” Becase the DOTA specifically says the beneficiary has the right to foreclose, and does not mention other parties, such as “nominees”.

        When the Legislature spells out a statutory plan they generally require that the parties adhere to that statutory plan, and not improvise on it. MERS requires improvisation.

        This case puts our Supremes in a tough spot, and given their recent track record, I am worried that they are going to find some way to allow MERS to continue acting as it has. If they had been harder on Plaintiff’s counsel, I might not get this sense.

        Elizabeth Powell

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