If the information I have read is correct, MERS has a corporate policy that allows members to appoint a Vice President by filing an application to do so and pay a fee. These VP are then allowed to sign assignments of mortgages wherein MERS has been named the nominee (agent) for the original lender named on the mortgage. MERS is nominee ONLY OF THE MORTGAGE. Neither MERS or any VP can assign the promissory note. There is no where on the Note that names MERS as a nominee. Therefore MERS and its 10,000 VP cannot assign the note.
Here is where the fraud begins. Although MERS allows appointment and registration of these VPs, there is nothing in the approval granted that allows ANYONE ELSE TO SIGN THEIR NAME. That said, there is general corporate policy in the US that allows executives to permit someone else to sign their names to documents. But these individuals need some kind of POA. So far as I know, no defense lawyer has ever gone after production of the POA of who ever signed Scott Anderson’s signature. As you can see, Scott Anderson could allow and appoint 10,000 people to sign his name and all of the signatures would be different. But are they legal is the question? If MERS did not grant these VP to allow others to sign on their behalf, does this invalidate the assignment if signed by someone else even if they had a POA or some other permisssion?
Now in the case of the notary Leticia Arias, she is an old pro at using her notary fraud. She affirms under the oath of her seal that Scot Anderson signed this assignment in her presence. This is fraud because she knows he was not in her presence. It is illegal to notarize the signature of a person who is not in the presence of the notary. She has committed perjury and racketeering by robo-signing thousands of these forged signature assignments. SHe has never said in any of these 10,000 documents that the person signing his name had a POA or was authorized and so forth. Letica Arias belongs in jail. Complaints have been filed against her but the State Notary office has basically said they are not going to do anything against her because they don’t have the resources to take her to court. They also claim if a person believes she has committed a crime a complaint must be filed with the State’s attorney in the area or filed with the Prosecuting Attorney. So, the State Notary Division out of the office of the Govenor has done nothing. Will Scott clean up this mess in his office?
There is a much greater problem here. If a lender was not a member of MERS; if a lender did not register the mortgage in the MERS system; then MERS has no right to be making assignments even if the mortgage names MERS as nominee. Another legal issue is if the mortgage was separated from the note when MERS was named the nomiee and the note was sold off to someone else? MERS holds the ownership of the note and claims it is the legal holder in due course. If this is true, then the mortgage and note were split the moment the defendants signed the papers at closing. If the mortgage and the note were indeed split, the note is unenforceable. This means they cannot foreclose on the house and property. It means also the defendant does not have to pay anyone anything for ever. All this is the result of the fraud called MERS which Fannie, Freddie, Ginnie, and the big banks created to avoid paying recording fees to the counties each time the mortgage and note were assigned. These ponzi schemers have not been hauled into court. In Florida it is doubtful the AG or any of the other Judges in our courts will dismiss these foreclosures with prejudice and or go after these criminals.
File complaints against Leticia Arias with the state and with the local prosecutor’s office. File complaints against MERS to the AG. File a complaint with the AG on your foreclosure mill for using these fraudulent documents. File a complaint with the Florida Bar against the lawyer of the foreclosure mill. Make sure you allege fraud and a violation of the Florida unfair practices act in business and trade.
Not intended to be legal advice,
Keep the war going folks. Vote out every judge that does not dismiss these fraud cases. We need a list of judges on the internet who are refusing to rule according to the rule of law in these matters.
I have an assignment of deed of trust signed by Scott Anderson, and the signature is nothing like the ones above, under the heading Mortgage Electronic Registration inc, acting solely as nominee for MortgageIT. Ocwen also held my loan for a period of time. [sigh] what do I do with this information?
The problem as I see it is no one is filing complaints with the Notary section of the Florida Govenor’s office against this Leticia N. Arias. And no one is going after her bond if they lose their homes due to these fraudulent assignments. Scott Anderson has skated free when the Attorney General should have MERS in court on rackettering and deceptive trade practices in business and trade.
I am looking for more copies of Anderson’s signature and also that of Arias. I plan to file complaint against Arias. Also against MERS to the attorney general’s office.
We can win if we can produce the proof of wide-spread fraud.
I also have an assignment siged by Scott Anderson as SR. VP of HSBC Bank while also holding the same title with Ocwen Loan Servicing LLC. The signature is a scribble mark. If anyone would like a copy for comparison please let me know I am glad to share.
Two separate lis pendens were filed to foreclose my mortgage. In connection with the first lis pendens, the court ordered that an assignment of mortgage be produced. The servicer produced an assignment of mortgage that had an effective date of June 8, 2007 and signed by Scott Anderson on that same effective date. Subsequently, a Voluntary Dismissal without prejudice was filed. In connection with the second lis pendens, a different assignment of mortgage was recorded in the public land records that had an effective date of January 31, 2007 and also signed by Scott Anderson. Subsequently, a Voluntary Dismissal without prejudice was filed. Note that both assignments purport to convey the same property to the same entitity but on different effective dates.
If the information I have read is correct, MERS has a corporate policy that allows members to appoint a Vice President by filing an application to do so and pay a fee. These VP are then allowed to sign assignments of mortgages wherein MERS has been named the nominee (agent) for the original lender named on the mortgage. MERS is nominee ONLY OF THE MORTGAGE. Neither MERS or any VP can assign the promissory note. There is no where on the Note that names MERS as a nominee. Therefore MERS and its 10,000 VP cannot assign the note.
Here is where the fraud begins. Although MERS allows appointment and registration of these VPs, there is nothing in the approval granted that allows ANYONE ELSE TO SIGN THEIR NAME. That said, there is general corporate policy in the US that allows executives to permit someone else to sign their names to documents. But these individuals need some kind of POA. So far as I know, no defense lawyer has ever gone after production of the POA of who ever signed Scott Anderson’s signature. As you can see, Scott Anderson could allow and appoint 10,000 people to sign his name and all of the signatures would be different. But are they legal is the question? If MERS did not grant these VP to allow others to sign on their behalf, does this invalidate the assignment if signed by someone else even if they had a POA or some other permisssion?
Now in the case of the notary Leticia Arias, she is an old pro at using her notary fraud. She affirms under the oath of her seal that Scot Anderson signed this assignment in her presence. This is fraud because she knows he was not in her presence. It is illegal to notarize the signature of a person who is not in the presence of the notary. She has committed perjury and racketeering by robo-signing thousands of these forged signature assignments. SHe has never said in any of these 10,000 documents that the person signing his name had a POA or was authorized and so forth. Letica Arias belongs in jail. Complaints have been filed against her but the State Notary office has basically said they are not going to do anything against her because they don’t have the resources to take her to court. They also claim if a person believes she has committed a crime a complaint must be filed with the State’s attorney in the area or filed with the Prosecuting Attorney. So, the State Notary Division out of the office of the Govenor has done nothing. Will Scott clean up this mess in his office?
There is a much greater problem here. If a lender was not a member of MERS; if a lender did not register the mortgage in the MERS system; then MERS has no right to be making assignments even if the mortgage names MERS as nominee. Another legal issue is if the mortgage was separated from the note when MERS was named the nomiee and the note was sold off to someone else? MERS holds the ownership of the note and claims it is the legal holder in due course. If this is true, then the mortgage and note were split the moment the defendants signed the papers at closing. If the mortgage and the note were indeed split, the note is unenforceable. This means they cannot foreclose on the house and property. It means also the defendant does not have to pay anyone anything for ever. All this is the result of the fraud called MERS which Fannie, Freddie, Ginnie, and the big banks created to avoid paying recording fees to the counties each time the mortgage and note were assigned. These ponzi schemers have not been hauled into court. In Florida it is doubtful the AG or any of the other Judges in our courts will dismiss these foreclosures with prejudice and or go after these criminals.
File complaints against Leticia Arias with the state and with the local prosecutor’s office. File complaints against MERS to the AG. File a complaint with the AG on your foreclosure mill for using these fraudulent documents. File a complaint with the Florida Bar against the lawyer of the foreclosure mill. Make sure you allege fraud and a violation of the Florida unfair practices act in business and trade.
Not intended to be legal advice,
Keep the war going folks. Vote out every judge that does not dismiss these fraud cases. We need a list of judges on the internet who are refusing to rule according to the rule of law in these matters.
I have an assignment of deed of trust signed by Scott Anderson, and the signature is nothing like the ones above, under the heading Mortgage Electronic Registration inc, acting solely as nominee for MortgageIT. Ocwen also held my loan for a period of time. [sigh] what do I do with this information?
The problem as I see it is no one is filing complaints with the Notary section of the Florida Govenor’s office against this Leticia N. Arias. And no one is going after her bond if they lose their homes due to these fraudulent assignments. Scott Anderson has skated free when the Attorney General should have MERS in court on rackettering and deceptive trade practices in business and trade.
I have an assignment page I will upload for comparrison at this URL: http://pro-se-litigate.blogspot.com/
I am looking for more copies of Anderson’s signature and also that of Arias. I plan to file complaint against Arias. Also against MERS to the attorney general’s office.
We can win if we can produce the proof of wide-spread fraud.
Thanks for this web site.
I also have an assignment siged by Scott Anderson as SR. VP of HSBC Bank while also holding the same title with Ocwen Loan Servicing LLC. The signature is a scribble mark. If anyone would like a copy for comparison please let me know I am glad to share.
Two separate lis pendens were filed to foreclose my mortgage. In connection with the first lis pendens, the court ordered that an assignment of mortgage be produced. The servicer produced an assignment of mortgage that had an effective date of June 8, 2007 and signed by Scott Anderson on that same effective date. Subsequently, a Voluntary Dismissal without prejudice was filed. In connection with the second lis pendens, a different assignment of mortgage was recorded in the public land records that had an effective date of January 31, 2007 and also signed by Scott Anderson. Subsequently, a Voluntary Dismissal without prejudice was filed. Note that both assignments purport to convey the same property to the same entitity but on different effective dates.
What recourse do I have, if any?