Catherine and John, I found the transcript of the congressional hearing. It had no more details than what you posted in your quote. I was hoping to find more of her actual case to find out more about how the mortgage is affected if the wife doesn’t sign the note. I will keep searching and share if I find anything interesting about that. The one good part is, according to my attorney, my credit is not involved. At least, not until a public record of foreclosure is added. I am fighting tooth and nail to stop that. Not that I want any credit ever again, but I don’t want to pay higher insurance rates, lose out on a job, or anything like that, because of bad credit.

I am not giving up on finding the actual case she mentioned. It’s public record. “somewhere.” I’m just not sure how to find it. It would be helpful to know why Judge Winslow said the wife’s not signing was grounds for dismissal.

As far as the bifurcation, most states adhere to the “mortgage follows the note” trail. In my state, the judge says it’s impossible to split a note and mortgage, and that means the MERS assignments are of no effect. The judge elaborated no further as to where that leaves the home held as collateral by the mortgage–and the original lender is already paid. In the case before the judge, there was no need to go further with the MERS issue, as the case was reversed based on the lack of standing involving improper indorsements of the note.

Zoe I located the transcript here is a link for you;
http://www.scribd.com/doc/44593776/winslow101202

john,
I hope you can use the link to the Bifurcation Chart that I posted to ZOE
it is;
http://land-rights.com/images/bifurcation.jpg

to ZOE: I wish I could answer or help you find the answers to your question.
I too have problems using the search on Scribd. and CSPAN. You have to just keep trying and eventually you will get results.
To go directly to the Bifurcation chart example, used in the Bellistri v Owen Loan Servicing MO AP 20100309 case try this URL;
http://land-rights.com/images/bifurcation.jpg

I cannot get you a direct link to this video hearing, If I can locate it again I will post it.
try searching on CSPAN > House of Reps.> COMMITTEE on the JUDICIARY FORECLOSED JUSTICE.
Titled “Causes and effects of Foreclosure Crisis”
or SCRIBD try Supreme Court Justice Dana Winslow. This was dated December 2010
Dana Winslow – a NY Supreme Court Justice 14 years-there was a number by her name 101202
I’m not an attorney or professional…just an ordinary “deadbeat” homeowner fighting for my rights.

Catherine,

I am in the same situation as ZOE.

I signed the note but my wife didn’t. We both signed the mortgage. I can’t get your post about this to come up. Please help me as you do ZOE.
Thanks,
John

Catherine, could you please help me locate that case on Scribd? I tried to find it with the info you posted here, but get no search results. This might help my case, as my husband passed away and only he signed the note. I was required to sign the mortgage. I would like to read the judge’s comments about this situation. It was not a matter of my having bad credit, I didn’t, but I still did not sign the note.

Yes they did steal your land. Now because of rampant treasonist Government corruption the U.N. holds all of the land in America in fee simple and the U.N is really just a front for the SMOM/VATICAN/JESUIT NWO. We are all really living in the revived roman empire. They are an imperialist Oligarchy facsist dictatorship bunch of secret societies that are trying to destroy and bankrupt America using Nazi tactics ala Nietszshe. CORRUPTION=DESTRUCTION.

WHAT has become of America??? WHAT is America??? Certainly not a country run by the people for the people…it is a country run by a Select Few for a select few…most everyone including the Select Few want to live here and want to enjoy the short time they are here on earth, BUT the Select Few continue to make rules that benefit only them and hence the Majority of Americans, hard working as they might be…even those who before the financial break-down assumed they were secure financially must now acknowledge that they are just an after-thought of the Select Few…without the Select Few dispensing money toward small business growth the Majority have nothing…no jobs, no possessions. NOTHING. But the Select Few continue on their quest for EVERYTHING, buying up the damaged dreams and scattered remains of the Majority at flea market prices and when the time suits the Select Few they auction off those same goods to themselves, their co-conspirators or to a section of the Majority that is attempting to become a member of the Select Few. The Majority will struggle to maintain their dignity and spend the remainder of their years trying to assimilate what they did to deserve such disrespect.

Unfortunately I don’t know what the answer is to all of the above…I mean the Majority could get angry, REALLY angry that they have been and continue to be taken advantage of but in the end I believe it is absurd to think that anything different will happen…WHY???? Because the Majority still wants to believe in the ‘system’…the Majority still want to believe that the people they elect are working FOR them, but they aren’t…the Majority still want to believe that the Judicial System is working for them…that corruption and fraud would be found criminal…but it isn’t for the Select Few…

In the end, the Majority is forced to wait and see what the Select Few has in store for them…

I can say this and know it is so, because on top of all that has already transpired lays another ‘hit’ poised to eliminate any remaining dignity to the Majority…the EASY political money is swiftly returning as a result of the Supreme Court’s blessing of anything-goes corporate donors in the Citizens United decision…you know…the new corporate money ‘slight-of-hand’ legitimized by the Supreme Court, voted in to kill off public financing for presidential elections. Sadly, it appears that America is a severely corrupt country run by “the Select Few – monied puppeteers and their trained lobbyists”, not a country run by the people for the people.