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	Comments on: MERS Loan Registry Raises Legal Questions	</title>
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	<link>https://4closurefraud.org/2010/04/25/mers-loan-registry-raises-legal-questions/</link>
	<description>- Fighting Foreclosure Fraud BY SHARING THE KNOWLEDGE</description>
	<lastBuildDate>Mon, 12 Mar 2012 02:30:24 +0000</lastBuildDate>
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		<title>
		By: FJ Mueller		</title>
		<link>https://4closurefraud.org/2010/04/25/mers-loan-registry-raises-legal-questions/#comment-358786</link>

		<dc:creator><![CDATA[FJ Mueller]]></dc:creator>
		<pubDate>Mon, 12 Mar 2012 02:30:24 +0000</pubDate>
		<guid isPermaLink="false">https://4closurefraud.org/?p=3756#comment-358786</guid>

					<description><![CDATA[Are some Banks collecting 3 times on the same property? First Tarp money, then sold the Bank to anotjher bank, then that bank sold the paper to a group from New York, then the same Bank  ( thats already sold the loan) forecloses and sues for financial cost damages and sells the house again to another party. The buggers collected three or four times and they havn&#039;t been the rightfull owner since the first sale.]]></description>
			<content:encoded><![CDATA[<p>Are some Banks collecting 3 times on the same property? First Tarp money, then sold the Bank to anotjher bank, then that bank sold the paper to a group from New York, then the same Bank  ( thats already sold the loan) forecloses and sues for financial cost damages and sells the house again to another party. The buggers collected three or four times and they havn&#8217;t been the rightfull owner since the first sale.</p>
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		<title>
		By: pat the rat		</title>
		<link>https://4closurefraud.org/2010/04/25/mers-loan-registry-raises-legal-questions/#comment-25574</link>

		<dc:creator><![CDATA[pat the rat]]></dc:creator>
		<pubDate>Sat, 26 Mar 2011 15:17:17 +0000</pubDate>
		<guid isPermaLink="false">https://4closurefraud.org/?p=3756#comment-25574</guid>

					<description><![CDATA[to disabled vet sorry about your eviction.

                                         pat the rat]]></description>
			<content:encoded><![CDATA[<p>to disabled vet sorry about your eviction.</p>
<p>                                         pat the rat</p>
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		<title>
		By: marvin 1947 roswell		</title>
		<link>https://4closurefraud.org/2010/04/25/mers-loan-registry-raises-legal-questions/#comment-20871</link>

		<dc:creator><![CDATA[marvin 1947 roswell]]></dc:creator>
		<pubDate>Fri, 18 Feb 2011 01:08:32 +0000</pubDate>
		<guid isPermaLink="false">https://4closurefraud.org/?p=3756#comment-20871</guid>

					<description><![CDATA[Bill william black , if u the owner of bank of new york and , the mers inc , u no more , than , the eyes see , to this fraud , you posted a message saying fdic shut down the banks ,and the fbi , surley u powerful a nuff to show us what relly going on here , the world is hat hand , god is getting mad . At all this fraud , now the white house no about this fraud they isent doing nothing nether , is fraud that big u can&#039;t tell the truth we need the truth today . No more waiting .]]></description>
			<content:encoded><![CDATA[<p>Bill william black , if u the owner of bank of new york and , the mers inc , u no more , than , the eyes see , to this fraud , you posted a message saying fdic shut down the banks ,and the fbi , surley u powerful a nuff to show us what relly going on here , the world is hat hand , god is getting mad . At all this fraud , now the white house no about this fraud they isent doing nothing nether , is fraud that big u can&#8217;t tell the truth we need the truth today . No more waiting .</p>
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		<title>
		By: Hillary		</title>
		<link>https://4closurefraud.org/2010/04/25/mers-loan-registry-raises-legal-questions/#comment-8216</link>

		<dc:creator><![CDATA[Hillary]]></dc:creator>
		<pubDate>Sun, 17 Oct 2010 21:10:54 +0000</pubDate>
		<guid isPermaLink="false">https://4closurefraud.org/?p=3756#comment-8216</guid>

					<description><![CDATA[I was a real estate title closer for many years and realize that there is a reason for recording mortages, liens ect in the public records, it  gives persons notice.  It I want to foreclose a  lien I can go to the public records and it will show that there is a first mortgage lien on the property. How do I know who owns the mortgage with MERS.  MERS was a registration system, MERS does not own or hold the mortage.  MERS does not registrer the  note.  So if you have mortage in the name of MERS and a note in the name of ABC -in most cases what you have is an unsecured Note.  The Judges deciding these cases do not know or understand real estate law and its going to take years to straighten this mess out.  If it was the intent  of these mortgage holders not to pay recording fees then why are we letting them get away with it. Its wrong.]]></description>
			<content:encoded><![CDATA[<p>I was a real estate title closer for many years and realize that there is a reason for recording mortages, liens ect in the public records, it  gives persons notice.  It I want to foreclose a  lien I can go to the public records and it will show that there is a first mortgage lien on the property. How do I know who owns the mortgage with MERS.  MERS was a registration system, MERS does not own or hold the mortage.  MERS does not registrer the  note.  So if you have mortage in the name of MERS and a note in the name of ABC -in most cases what you have is an unsecured Note.  The Judges deciding these cases do not know or understand real estate law and its going to take years to straighten this mess out.  If it was the intent  of these mortgage holders not to pay recording fees then why are we letting them get away with it. Its wrong.</p>
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		<title>
		By: marie suzanne lalk		</title>
		<link>https://4closurefraud.org/2010/04/25/mers-loan-registry-raises-legal-questions/#comment-2372</link>

		<dc:creator><![CDATA[marie suzanne lalk]]></dc:creator>
		<pubDate>Thu, 03 Jun 2010 16:36:49 +0000</pubDate>
		<guid isPermaLink="false">https://4closurefraud.org/?p=3756#comment-2372</guid>

					<description><![CDATA[I live in California and have had MERS show up under several so called lenders as trustee of my property whiich is suppose to be protected by my Revocalble Living Trust, Certified in California whch makes it against the law to replace my appointed Living Trust trustee with this &quot;GHOST COMPANY&quot;.   I have had to pay more than once to refile the Deed of Trust back into my Living Trust  Name to protect my property for my children.   Work hard all your life, live by the law and get &quot;scr*&#038;*&#038;*&#038;d by the banks in this time of crises we are facing in America.]]></description>
			<content:encoded><![CDATA[<p>I live in California and have had MERS show up under several so called lenders as trustee of my property whiich is suppose to be protected by my Revocalble Living Trust, Certified in California whch makes it against the law to replace my appointed Living Trust trustee with this &#8220;GHOST COMPANY&#8221;.   I have had to pay more than once to refile the Deed of Trust back into my Living Trust  Name to protect my property for my children.   Work hard all your life, live by the law and get &#8220;scr*&amp;*&amp;*&amp;d by the banks in this time of crises we are facing in America.</p>
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		<title>
		By: rick		</title>
		<link>https://4closurefraud.org/2010/04/25/mers-loan-registry-raises-legal-questions/#comment-1522</link>

		<dc:creator><![CDATA[rick]]></dc:creator>
		<pubDate>Mon, 26 Apr 2010 02:38:00 +0000</pubDate>
		<guid isPermaLink="false">https://4closurefraud.org/?p=3756#comment-1522</guid>

					<description><![CDATA[In reply to &lt;a href=&quot;https://4closurefraud.org/2010/04/25/mers-loan-registry-raises-legal-questions/#comment-1503&quot;&gt;ForeclosureHamlet&lt;/a&gt;.

I must comment that Lynn E Szymoniak has done some pretty thorough investigative work.
At her website, www.frauddigest.com, is a very good post about Christopher Peterson entitled &quot;in roads on foreclosure fraud by mortgage servicers.&quot;]]></description>
			<content:encoded><![CDATA[<p>In reply to <a href="https://4closurefraud.org/2010/04/25/mers-loan-registry-raises-legal-questions/#comment-1503">ForeclosureHamlet</a>.</p>
<p>I must comment that Lynn E Szymoniak has done some pretty thorough investigative work.<br />
At her website, <a href="http://www.frauddigest.com" rel="nofollow ugc">http://www.frauddigest.com</a>, is a very good post about Christopher Peterson entitled &#8220;in roads on foreclosure fraud by mortgage servicers.&#8221;</p>
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		<title>
		By: PJ		</title>
		<link>https://4closurefraud.org/2010/04/25/mers-loan-registry-raises-legal-questions/#comment-1521</link>

		<dc:creator><![CDATA[PJ]]></dc:creator>
		<pubDate>Mon, 26 Apr 2010 02:01:58 +0000</pubDate>
		<guid isPermaLink="false">https://4closurefraud.org/?p=3756#comment-1521</guid>

					<description><![CDATA[Lynn, 

One question here , robo-signers, well documented, seem to work in various state&#039;s simultaneously, would they be required to file income statements in the various juristictions/states  that they were employed in at the time they signed documents?]]></description>
			<content:encoded><![CDATA[<p>Lynn, </p>
<p>One question here , robo-signers, well documented, seem to work in various state&#8217;s simultaneously, would they be required to file income statements in the various juristictions/states  that they were employed in at the time they signed documents?</p>
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		<title>
		By: ForeclosureHamlet		</title>
		<link>https://4closurefraud.org/2010/04/25/mers-loan-registry-raises-legal-questions/#comment-1503</link>

		<dc:creator><![CDATA[ForeclosureHamlet]]></dc:creator>
		<pubDate>Sun, 25 Apr 2010 16:06:24 +0000</pubDate>
		<guid isPermaLink="false">https://4closurefraud.org/?p=3756#comment-1503</guid>

					<description><![CDATA[Letter to the journalist who wrote that article in the Salt Lake Tribune by Lynn Szymoniak, Esq.

Dear Tony:


Thank you very much for your excellent article on MERS.

One of the significant problems with MERS (and there are many problems as you pointed out) is that MERS has no controls regarding who may sign a document as a MERS officer.

The documents signed by MERS officers are critically important to prove home ownership - and judges assume (wrongly) that a vice president of MERS would have the same training, experience and knowledge as the officer of a major corporation, but nothing could be further from the truth.  The individuals signing as MERS officers most often work for document mills.  Their sole responsibility is to sign thousands of documents a day.  They do not have time to read these documents or even have access to the files to determine whether the information is correct.  They are clerical office workers pumping out documents to replace the essential documents that have been lost (or never obtained) by the mortgage companies and securities companies in the rush to make mortgage-backed securitized trusts to sell to investors.

Take, for example, Mortgage Assignments signed by Liquenda Allotey.  In the course of less than three years, Mr. Allotey signed over 100,000  Mortgage Assignments using the following titles:


Vice President, Mortgage Electronic Registration Systems, Inc. as nominee for American Home Mortgage Acceptance, Inc.

Vice President, Mortgage Electronic Registration Systems, Inc. as nominee for CTX Mortgage Company, LLC

Vice President, Mortgage Electronic Registration Systems, Inc. as nominee for Decision One Mortgage Company

Vice President, Mortgage Electronic Registration Systems, Inc. as nominee for EMC Mortgage Corp.

Vice President, Mortgage Electronic Registration Systems, Inc. as nominee for Entrust Mortgage, Inc.

Vice President, Mortgage Electronic Registration Systems, Inc, as nominee for First National Bank of Arizona

Vice President, Mortgage Electronic Registration Systems, Inc. as nominee for Freemont Investment &#038; Loan

Vice President, Mortgage Electronic Registration Systems, Inc. as nominee for Greenpoint Mortgage Funding, Inc.

Vice President, Mortgage Electronic Registration Systems, Inc. as nominee for Market Street Mortgage Corporation

Vice President, Mortgage Electronic Registration Systems, Inc. as nominee for Southstar Funding, LLC

Vice President, Mortgage Electronic Registration Systems, Inc. as nominee for Taylor, Bean &#038; Whitaker Mortgage Corp.

Attorney In Fact for Novastar Mortgage

Attorney in Fact, JP Morgan Chase Bank, National Association, as Successor-in-Interest to Washington Mutual Bank, 
as Successor-in-Interest to Long Beach Mortgage Company.

All of these documents were notarized in Dakota County, Minnesota.  A telephone call to the Dakota County, Minnesota offices of Lender Processing Services, Inc. will confirm that Allotey is employed there.

Lender Processing Services, Inc. is a Fortune 500 company with headquarters in Jacksonville, Florida that provides &quot;mortgage default management services&quot; to over 50 major banks.  These banks act as Trustees for the mortgage-backed trusts that bought the residential mortgages that were turned into securities, especially in the last five years.  Among its other services, LPS promises banks and mortgage companies that it will &quot;draft missing documents.&quot;

If a forecloser needs an Assignment to prove ownership of a mortgage, LPS will provide such a document, signed by Liquenda Allotey and notarized by yet another LPS employee.  The document will more often than not have false information regarding the date the trust acquired the property, the previous owner, and other essential information.  Moreover, LPS when providing such documents is working for the banks (the GRANTEES) but signing on behalf of the original lenders, through the fiction of MERS.  No disclosure is made to the Courts of any of these arrangements.

On thousands of documents, MERS Vice-President Allotey has also signed on behalf of mortgage companies that were long ago dissolved in bankruptcy.   

Allotey has even been mentioned in a legal opinion involving conflicting information in mortgage assignments: In re Sima Schwartz, U.S. Bankruptcy Court, District of Massachusetts, Case No. 06-42476- JBR, Memorandum of Decision on Motion for Relief, Document 84, Entered 4-19-2007.  (&quot;There are two documents captioned “Assignment of Mortgage” among the papers provided to the Court.5  The earlier of the two is an assignment dated May 23, 2006 pursuant to which MERS as nominee for First NLC assigned its or First NLC’s 
interest in the mortgage to Deutsche.  The document is “signed”6 by a vice president of MERS.  Interestingly this document was attached to the Debtor’s submissions.  A duplicate copy is not to be found in among Deutsche’s papers.  Instead Deutsche submitted an assignment of mortgage that was dated June 14, 2006 and signed by John A. Dunnery whom the assignment identifies as a vice president of MERS.&quot;
(In a footnote, Judge Rosenthal states:  The signature appears to be little more than a very large check mark attached to a downward line.  A stamp of the individual’s name and title identifies the signor as Liquenda Allotey, a vice president of MERS.) (opinion attached).

In my opinion, the conduct of these foreclosure mills is garden-variety fraud.  Courts and prosecutors need to wake-up.

Best regards,

Lynn E. Szymoniak, Editor, Fraud Digest (www.frauddigest.com)]]></description>
			<content:encoded><![CDATA[<p>Letter to the journalist who wrote that article in the Salt Lake Tribune by Lynn Szymoniak, Esq.</p>
<p>Dear Tony:</p>
<p>Thank you very much for your excellent article on MERS.</p>
<p>One of the significant problems with MERS (and there are many problems as you pointed out) is that MERS has no controls regarding who may sign a document as a MERS officer.</p>
<p>The documents signed by MERS officers are critically important to prove home ownership &#8211; and judges assume (wrongly) that a vice president of MERS would have the same training, experience and knowledge as the officer of a major corporation, but nothing could be further from the truth.  The individuals signing as MERS officers most often work for document mills.  Their sole responsibility is to sign thousands of documents a day.  They do not have time to read these documents or even have access to the files to determine whether the information is correct.  They are clerical office workers pumping out documents to replace the essential documents that have been lost (or never obtained) by the mortgage companies and securities companies in the rush to make mortgage-backed securitized trusts to sell to investors.</p>
<p>Take, for example, Mortgage Assignments signed by Liquenda Allotey.  In the course of less than three years, Mr. Allotey signed over 100,000  Mortgage Assignments using the following titles:</p>
<p>Vice President, Mortgage Electronic Registration Systems, Inc. as nominee for American Home Mortgage Acceptance, Inc.</p>
<p>Vice President, Mortgage Electronic Registration Systems, Inc. as nominee for CTX Mortgage Company, LLC</p>
<p>Vice President, Mortgage Electronic Registration Systems, Inc. as nominee for Decision One Mortgage Company</p>
<p>Vice President, Mortgage Electronic Registration Systems, Inc. as nominee for EMC Mortgage Corp.</p>
<p>Vice President, Mortgage Electronic Registration Systems, Inc. as nominee for Entrust Mortgage, Inc.</p>
<p>Vice President, Mortgage Electronic Registration Systems, Inc, as nominee for First National Bank of Arizona</p>
<p>Vice President, Mortgage Electronic Registration Systems, Inc. as nominee for Freemont Investment &amp; Loan</p>
<p>Vice President, Mortgage Electronic Registration Systems, Inc. as nominee for Greenpoint Mortgage Funding, Inc.</p>
<p>Vice President, Mortgage Electronic Registration Systems, Inc. as nominee for Market Street Mortgage Corporation</p>
<p>Vice President, Mortgage Electronic Registration Systems, Inc. as nominee for Southstar Funding, LLC</p>
<p>Vice President, Mortgage Electronic Registration Systems, Inc. as nominee for Taylor, Bean &amp; Whitaker Mortgage Corp.</p>
<p>Attorney In Fact for Novastar Mortgage</p>
<p>Attorney in Fact, JP Morgan Chase Bank, National Association, as Successor-in-Interest to Washington Mutual Bank,<br />
as Successor-in-Interest to Long Beach Mortgage Company.</p>
<p>All of these documents were notarized in Dakota County, Minnesota.  A telephone call to the Dakota County, Minnesota offices of Lender Processing Services, Inc. will confirm that Allotey is employed there.</p>
<p>Lender Processing Services, Inc. is a Fortune 500 company with headquarters in Jacksonville, Florida that provides &#8220;mortgage default management services&#8221; to over 50 major banks.  These banks act as Trustees for the mortgage-backed trusts that bought the residential mortgages that were turned into securities, especially in the last five years.  Among its other services, LPS promises banks and mortgage companies that it will &#8220;draft missing documents.&#8221;</p>
<p>If a forecloser needs an Assignment to prove ownership of a mortgage, LPS will provide such a document, signed by Liquenda Allotey and notarized by yet another LPS employee.  The document will more often than not have false information regarding the date the trust acquired the property, the previous owner, and other essential information.  Moreover, LPS when providing such documents is working for the banks (the GRANTEES) but signing on behalf of the original lenders, through the fiction of MERS.  No disclosure is made to the Courts of any of these arrangements.</p>
<p>On thousands of documents, MERS Vice-President Allotey has also signed on behalf of mortgage companies that were long ago dissolved in bankruptcy.   </p>
<p>Allotey has even been mentioned in a legal opinion involving conflicting information in mortgage assignments: In re Sima Schwartz, U.S. Bankruptcy Court, District of Massachusetts, Case No. 06-42476- JBR, Memorandum of Decision on Motion for Relief, Document 84, Entered 4-19-2007.  (&#8220;There are two documents captioned “Assignment of Mortgage” among the papers provided to the Court.5  The earlier of the two is an assignment dated May 23, 2006 pursuant to which MERS as nominee for First NLC assigned its or First NLC’s<br />
interest in the mortgage to Deutsche.  The document is “signed”6 by a vice president of MERS.  Interestingly this document was attached to the Debtor’s submissions.  A duplicate copy is not to be found in among Deutsche’s papers.  Instead Deutsche submitted an assignment of mortgage that was dated June 14, 2006 and signed by John A. Dunnery whom the assignment identifies as a vice president of MERS.&#8221;<br />
(In a footnote, Judge Rosenthal states:  The signature appears to be little more than a very large check mark attached to a downward line.  A stamp of the individual’s name and title identifies the signor as Liquenda Allotey, a vice president of MERS.) (opinion attached).</p>
<p>In my opinion, the conduct of these foreclosure mills is garden-variety fraud.  Courts and prosecutors need to wake-up.</p>
<p>Best regards,</p>
<p>Lynn E. Szymoniak, Editor, Fraud Digest (www.frauddigest.com)</p>
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