The best part is that this is all “electronic wealth”. It only exists in the virtual world. That is MERS !!! To avoid taxes, and to be able to play the shell game, the only place most of these records are located is MERS, and the few eVaults that are out there. These records do not exist with the Land Records, the SEC, IRS, Treasury, etc. It is safe to say that a significant portion of the economy relies on MERS remaining operative. Should the system suddenly disappear, the certificate holders of MBSs would own nothing but a piece of paper. This includes the local, state, and federal governments. Because payments are tranched, there is no reference to individual notes. There is technically no single note holder, but a conglomerate of “certificate holders”. Trustees are not note holders. They are administrators for the certificate holders. Here is the caveat. A trustee cannot proceed with any action AT ALL without 25% of the certificate holders signing off on it. If they take any action against you, without this approval, they are no longer acting as a trustee.

Homeowners need to go beyond “show me the note”. If a trustee is the owner of record, and they are foreclosing on you, make them show you the investor resolution that shows at least 25% have agreed to the action. As part of this, demand that a complete list of investors for the MBS, so that there can be a proper accounting for 25% of the whole. They file for their protective order, to prevent disclosure of the investors. The response from you is that without such disclosure, the Trustee cannot prove standing as a trustee for the true owners. When you get the list (if they have not filed a voluntary motion to dismiss), look to see if any governmental entity is a certificate holder. If there is, this is where the 5th amendment “Takings Clause” kicks in. Under this clause, these entities unconstitutionally held an interest in your property without due process and for consideration. The consideration must be paid to you, not the seller of an MBS. You would then move for a Motion to Dismiss WITH PREJUDICE, as the MBS and the sale of the security are violations of the United States Constitution, and can never be “perfected”.

You now have multiple actionable claims against the government entities, and each party to the MBS (and there are numerous actors) sale, in addition to seeking “Clear Title”. There is no 11th amendment immunity for the government entities because they violated the “Takings Clause” of the Constitution.

Marilyn, you go girl!!!! Call them out and make them document every transaction made in your name on your property. Don’t forget about MERS, if you were in MERS, they are really screwed and can never come up with a clean title, though they can’t even without MERS. They don’t want to have to come up with the fraudulent docs that proves your loan was fraudulently induced.so they could use your paid note and your signature as a poker chip and speculate up on the Wall Street Casino of fraud and create trillions in wealth for themselves and their friends and then stick it to all of us when the mortgage bubble they created burst…

Katheryn…to those who blow hot air about ‘ free homes ‘ …the fraudsters are sueing the homeowner…and the homeowner has the right to make the plaintiff show Burden of Proof. the homeowners has the right to investigate all ‘ frauds ‘ found in the mortgage…NOT TYPOS…BUT PLAIN OUT FRAUD. THE HOMEOWNERS HAVE THE RIGHT TO MOTION THE PLAINTIFF TO PRODUCE…A LIST OF DOCUMENTS AND DATES, ASSIGNMENT, TRANSFERS, AND SO ON..TO PROVE THAT FRAUD WAS DELIBERATELY DONE. MOST OF ALL…PROVE THE ORIGINAL SIGNED NOTE. WHEN SERVERS WILL NOT TELL YOU WHO ACTUALLY OWNS THE NOTE AND YOU ARE SENDING THE PAYMENTS TO THAT SERVER…THAT PAYMENT MAY BE GOING TO THE WRONG BANK. FRAUD REEKED THROUGHOUT ALL MORTGAGES…SO IF PROVEN THE BANK/PLAINTIFF WAS NOT THE OWNER OF THE MORTGAGE..AND THE HOME IS GIVEN FREE AND CLEAR…THAT’S THE WAY THE BALL BOUNCES. ALOT OF TIME AND MONEY CAN BE SPENT ON FIGHTING FOR YOUR HOME….AND MOST COURTS ARE NOT TRUE TO JUSTICE. IT’S CASINO COURT……

WaMu 2003 ARM’s all say the same thing. I checked for all 2003 prospectus said to go to Pool/service agreement and one would find all the information needed for the mortgages..once there ..it said ” deliberately ( or intentionally) ommitted”….same thing…non working phones…on one would answer shit…I saved all my notes. BUT..we got other frauds starting at the orgination…and 2 copies of the note…one has a large X and the other is stamped without recourse, signed as sold cause there is a stamp but hard to read it….what my daughter did was motion Chase to Produce a listing of 20-25 documents and dates to prove everything…. and now it has been 9 months withour a word. That would be her discovery for court…so Chase to may be having trouble finding ‘ things ‘….

The fact that killers and other serious criminals have walked free on a legal technicality does not seem to draw as hostile a reaction as this issue. Who can figure. That’s why you have to shove it in the faces of all the dopes in the general population that are clueless as to the fact that it does hurt them and our general economy. Maybe if it’s explained by means of the ‘trickle down effect’ they’ll get a better handle on it. They do not seem to understand that they may be a bit above middle class now. However, as we get pushed further down as prices go up, incomes go down or become non-existent, their above middle class standard gets pushed down to middle class. Eventually there will be the haves and the have-nots. I know we all get this, but why don’t they????? Is there a shrink or someone trained in psychology out there that can shed some light on why there is this up-roar about people getting a “free” house.

It is not rocket science. If I am defrauded in anyway that I can prove and that harms me, I am entitled to damages. If that is getting a free house, then so be it. Maybe if we back our way in it will be less offense. If we legally prove our case, we are paid damages….say in the amount owed on the home….to do with as we please. If we pay off our mortgage….great…..if we take nice trips and blow the money and give the keys to the bank……great.

@Angry and not taking it, You just PROVED MY THEORY. Thank you! I am sure CONgress are also heavily invested in the fraudulent MBS’s. They NEVER WANT THE GRAVY TRAIN TO STOP. WELL GUESS WHAT? THE JIG IS UP. FANNIE/FREDDIE WERE INSURED UP THE WAZOO TO PROTECT THEMSELVES FROM THE FRAUD THEY THEMSELVES PERPETRATED AND ALSO PRIVATELY INVESTED IN!!!. And then there is CONgress who were the MASTERMINDS, the Charlie Manson of the PONZI SCHEME, they are trying to pass laws to cover-up for the fraud, REMEMBER HR3808???? And the AG’S MAKING DEALS WITH THE BANKS?? WTF!!! The whole Government is COMPLETELY ABSOLUTELY WITHOUT A SHADOW OF A DOUBT, CORRUPT and were obviously ALL IN on the PONZI SCHEME, just like Bernie Madoff said. How else could it be explained that the criminals all now have become saints and can do no wrong? The so called lawyers are lying to the victims and tellling us that the laws and the Constittution only protect the criminals and not the victims. THEY ARE ALL AS COMPLETELY FULL OF SHIT AS THEIR MBS’s..

here in the Contree o Kalifornia … the pensions are ALL- MBS.. the judges own your homes, its simple.
Look up the state retirement program & see where the $ is invested.ALL REIT/REMIC, this is a total conflict of interest , you need to have a court reporter [you have to pay the reporter of course ] in court , after you look up the state pension plan investment disclosures ..the judge must recuse himself. he rules for the bank or otherwise he has NO retirement left . justice be damned !!!! You surly dont want a Gov employee to have to work for a living.
just sayin!

They are hiding the fact that they merely SPECULATED on these loans and created trillions of dollars in wealth up on WALL STREET. DID YOU GET A CHECK OR ANY MONEY AT YOUR CLOSING TO PAY THE SELLER FOR YOUR HOME? NO ONE DID. They used all of us to perp their PONZI SCHEME HEIST. They are hiding who they are because they are all GUILTY of MORTGAGE FRAUD, SECURITIES FRAUD, AND FORECLOSURE FRAUD AND THEY ARE ALSO THE INVESTORS IN THIS PONZI SCHEME SHITBAG OF UNSECURITIZED MORTGAGE DEBT, A/K/A MBS’s..