MERSCORP HOLDINGS, INC. vs MERS, INC: MERS Sues Pranksters Pretending to be MERS

mers

MERS: Fake Organization Sues Pranksters Pretending to be MERS

Cross-posted from https://libertyroadmedia.com

Ah, MERS—the “mortgagee of record” on some 62 million + mortgages.  Their very business model is fakery, in that they claim to be the “beneficiary” or “mortgagee” of these millions of mortgages, when they know that they are in fact not the beneficiary because they don’t make loans and aren’t owed any money.  Texas judge Nelva Gonzales Ramos, for instance, memorably saw through the chicanery of MERS in a 2013 order:

1. MERS does not, however, hold any beneficial interest in the deeds of trust, and it is not a beneficiary of the deeds of trust.  It is merely an agent or nominee of the beneficiary.” (p. 14)

2. “By having itself designated as the “beneficiary under the security instrument” in the deeds of trust presented to the County Clerk for recordation in the County’s property records, knowing that it would be listed as the grantee of the security interest in the property, it appears that MERS asserted a legal right in the properties.  The Court concludes that, viewing the FAC’s allegations in the light most favorable to Plaintiff, one could plausibly infer that the recorded deeds of trust [naming MERS as “beneficiary”] constituted fraudulent liens or claims against real property or an interest in real property. “ (p. 14)

3.  “While Defendants may not have acted with the actual purpose or motive to cause harm to the County, the FAC alleges that through their creation of MERS, Defendants intended to establish their own recording system in order to avoid having to record transfers or assignments with the County and paying the associated filing fees. (FAC ¶¶ 2, 3, 17.)  Accordingly, one can reasonably infer from the allegations set forth in the FAC that Defendants were aware of the harmful effects the fraudulent liens would have on the County.  That is sufficient to establish intent.” (p. 16)

4. “Accordingly, the Court concludes that the FAC sets forth sufficient facts to give rise to a plausible inference that Defendants made false statements to the County regarding their rights under the deeds of trust and their relationships to the borrowers in the mortgages issued by MERS members.” (p. 22)

5. “County records as having a security interest in the properties.  Accordingly, viewing the allegations of the FAC in the light most favorable to Plaintiff, the Court concludes that one could plausibly infer that Defendants made material misrepresentations of fact to Plaintiff in the deeds of trust presented to the County for filing.” (p. 23)

So it’s kinda hilarious that a fake organization like MERS sued a couple of people a few days ago for pretending to be MERS.  Here’s what happened, from the MERS complaint:

“On or about December 16, 2015, an individual purportedly named Jack Lyles filed Articles of Incorporation with the California Secretary of State for “MERS, INC.” On March 29, 2016, Mr. Lyles filed a Statement of Information with the California Secretary of State specifying that MERS, INC would be in the business of “loans.”

A certified copy of the Articles of Incorporation and Statement of Information for MERS, INC is attached hereto as Exhibit C. 16. In his application for MERS, INC, Mr. Lyles identified the corporate address as 248 3rd Street, #42, Oakland, California 94607.

A packing, shipping, printing, and mailbox rental service business named Jack London Mail is located at that address. According the owner of Jack London Mail, mailbox number 42 does not exist at the business. 17.

The owner of Jack London Mail has further confirmed that people confused into believing that MERS, INC is the same entity as, or associated with, the Plaintiffs have sent mail, including legal documents and documents associated with Plaintiffs’ mortgage registration services, to the address Mr. Lyles identifed for the corporation.

In addition, on information and belief, people have attempted to secure service of process on Plaintiffs and messenger delivery of materials to Plaintiffs at this address This mail is always returned to sender, and process servers and messengers are rejected.”

So MERS, the invisibility cloak of the banksters, whose very existence is designed to sow confusion into the land records, now has the vapors over someone who is trying to out-confuse them?  No sympathy here.  How this Jack Lyles character was able to register a business with the California Secretary of State using a non-existent address is itself something of a mystery.  But wait, there is another faker trying to spoof the fakers:

On or about December 16, 2015, an individual purportedly named Connie Vargas filed Articles of Incorporation with the California Secretary of State for “MORTGAGE ELECTRONIC REGISTRATION SYSTEM, INC. (MERS).”

On March 29, 2016, Ms. Vargas filed a Statement of Information with the California Secretary of State specifying that MORTGAGE ELECTRONIC REGISTRATION SYSTEM, INC. (MERS) would be in the business of “loans.” A certified copy of the Articles of Incorporation and Statement of Information for MORTGAGE ELECTRONIC REGISTRATION SYSTEM, INC. (MERS) is attached hereto as Exhibit D.

In her application for MORTGAGE ELECTRONIC REGISTRATION SYSTEM, INC. (MERS), Ms. Vargas identified the corporate address as 248 3rd Street, #429, Oakland, California 94607. As noted above, Jack London Mail is located at that address. According to the owner of Jack London Mail, mailbox number 429 is owned by someone unaffiliated with Defendants.

As confirmed by the owner of Jack London Mail, people confused into believing that MORTGAGE ELECTRONIC REGISTRATION SYSTEM, INC. (MERS) is the same entity as, or associated with, the Plaintiffs have sent mail, including legal documents and documents associated with Plaintiffs’ mortgage registration services, to the address Ms. Vargas identified for the corporation. In addition, on information and belief, people have attempted to secure service of process on Plaintiffs and messengers delivery of materials to Plaintiffs at this address. This mail is always returned to sender, and process servers and messengers are rejected.

Ha!  Not one but two fake MERS registrations at the same shipping center!  Filed on the same day!  This prankster is a pro, because in filing these documents with the Secretary of State, he/she (i.e., “Jack Lyles” or “Connie Vargas”) is mimicking EXACTLY what MERS does to homeowners.  See how it feels, MERS?  When people file fake documents purporting to do fake things or to be fake entities?  Not so pleasant, is it?  I doubt the irony of this is lost on the homeowners who have been fighting the banks and MERS for years.

And indeed, MERS now does have some idea of how what they’ve been doing to homeowners feels:

The facts that the Defendant corporations have confusingly similar names to Plaintiffs and have been registered to false addresses has caused substantial confusion, and damage and irreparable harm to Plaintiffs, and threaten to continue to irreparably harm Plaintiffs. Defendants’ unauthorized actions have caused, and are likely to further cause, confusion, mistake, and deception of Plaintiffs’ customers, potential customers, parties in lawsuits, as well as members of the general public.

If this is what it takes to piss off MERS, then my hat is off to Jack Lyles and Connie Vargas!  Because MERS is one of the main parties responsible for causing “substantial confusion, and damage and irreparable harm” to homeowners over the years.  This is one hell of prank, for sure, especially considering that MERS has been really slippery over the years about what they should properly be called, and which MERS is which.  I think all homeowners should keep their eyes on this one!

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4closureFraud.org

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MERSCORP HOLDINGS, INC. vs MERS, INC

Comments
2 Responses to “MERSCORP HOLDINGS, INC. vs MERS, INC: MERS Sues Pranksters Pretending to be MERS”
  1. perpetualWAR says:

    Just like when Countrywide used the non-existent “America’s Home Lender” that was supposed to be a NY corporation, which actually wasn’t a NY corporation, to issue loans. The douchebags want their cake and to eat it too. When are “We The People” going to tell them “Let them eat cake”…..as their last effing meal before their head rolls into a basket?

  2. Randall Stephens says:

    “24. Finally, Defendants’ unauthorized actions have caused Plaintiffs to spend money, time, and other resources to investigate and mitigate the effects of Defendants’ actions.”

    Yeah, well …

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