John, they have no more than 90 days after closing to deliver the endorsed note and the loan file to the trust……and record an assignment..There is no legal fix for this…if no assignment was recorded at your recorders office, within 90 days of the closing, they committed fraud in your name and sold investments in a non-secure loan.. SECURITES FRAUD!!!The big lie is these loans are all securitized..THAT IS BULLSHIT….they never lent us any money….ALL OF THE FRAUD THEY COMMITTED WAS BACKED BY THE U.S. TAXPAYER….THE GOT LOANED THE MONEY….WITH OUR SIGNATURES AS COLLATERAL….They did this all just the opposite of what we thought..They got paid by the U.S. TREASURY, for all of our homes and businesses at Origination, they never lent us any money….and they also got an unlimited line of credit off of the backs of the U.S. TAXPAYER.COLLATERALIZED DEBT OBLIGATIONS….THAT IS ALL OF US….They committed 140 trillion in collateral fraud…their debt….Their mortgage contracts were a fraud from day one….and are all a nullity…THEY NEVER LENT US ANY MONEY…..

What about the selling of a non-performing loan after the Lis Pends and the Foreclosure complaint is filed…..? What about out of state assignments notarized out of state and attached to an old assignment by the Original Plaintiff who brought the fraudclosure?…..The new pretender lender filed 4 assignments after the lis pends and in the 4th assignment reconveyed the loan back to the plaintiff yet is still claiming to have bought and paid for the non-performing loan and is the note holder….They forged my name on the note……my signature is not on the mortgage…I never signed either….they cross-collateralized my commercial property with my homestead property without my forged signature..That cross-collat is still active in MERS and shows up on the title to my house…the cross collat is not included in the fraudclosure complaint…Cross-collateralizing commercial property with homestead property is illegal……I can’t find a lawyer…I am going to file a motion to dismiss on the foreclosure fraud…the lis pends is not even included in the foreclosure complaint paperwork….These judges are horrible…they are turning a blind eye to all of the fraud….!

@ John – I don’t get why your Motion to Dismiss was denied – you HAVE to file an answer to the lis pendens first…did you not file your answer within the 20-day time frame? As to attaching (unrecorded) assignments to the Lis Pendens it does not hold water. Unrecorded assignments are not worth the paper they are printed on. Besides, if the Lis Pendens was filed BEFORE the assignment was recorded they (Plaintiff in your suit) did not have ownership of the note/mortgage at the time they filed the Lis Pendens. MERS has, in other states, been regarded as a non-lender so therefore cannot hold title or ownership of negotiable instruments. See the prior posting on this site (Welcome to the MERS knowlege base) .

FACT A: Suzanne Leary, a non-attorney employee of Marshall C. Watson, signed my Assignment of Mortgage. She signed as Assistant Secretary for MERS w/o a MERS STAMP/SEAL present.

QUESTION 1: Is there a problematic legal implication created when an employee for the firm who suing, assign these mortgages?

QUESTION 2: Furthermore, is not there a requirement to attach (to the Complaint) the document granting specific authority for her to sign on behalf of MERS?

FACT B: My Assignment of Mortgage was filed with the Lee County Clerk’s office 6 months after the document’s “claimed creation date” and 5 months after the Lis Pendens filing date.

QUESTION 3: Under Florida law, does the Assignment have to be Filed and recorded in the Lee County Clerk’s office prior to the filing and recording of the Lis Pendens even though the assignment was attached to the complaint?

QUESTION 4: If Plaintiff claims, the “Late Assignment” was because that the document would have been admissible regardless, because it was a business record, wouldn’t the focus then target the fact that Suzanne Leary has had no intimate, personal knowledge of the mortgage and note as required regarding the business records she effectively claims knowledge of in the assignment?

QUESTION 5: Why are so many assignments filed after the Lis Pendens, especially when the assignments were physically attached to the Lis Pendens in the first place?

QUESTION 6: What obvious benefit does the Plaintiff receive in filing these assignments so late other than avoiding the $10 or $18.50 fee 5 months later?

QUESTION 7: My motion to dismiss was denied because it was filed after the answer. This was a major procedural sanction against the defendant for filing late paperwork. Why is the court so faithfully waiving the late filing of the assignments of mortgage in the majority of the foreclosure cases to benefit the Plaintiff?

As I said on another post, won’t this (fraud) document be just set aside since it was done PRIOR to the settlement with Watson in March, 2011? Did not the settlement with the Florida AG’s office give them immunity for documents such as these prior to the settlement in 2011?

This is just the beginning of what we will see coming down the road and for which the AG’s office just brushed it away with a $2 mil settlement and where did that money go by the way? Surely not to the homeowner’s who suffered at the hands of Watson…..

Around or during these same years of my interest in MERS activities, which seemed the more I dug the more fraudulent they appeared to be??? In many states the Recorder of the Deeds Offices were refusing to file any documents of MERS ~~ Two counties in my home state of SC adamently refused until the state forced them to file them against their protest???

I further discovered that the corporate owners of MERS were allocated via 29 shares of stock, based upon closed holdings. Their corporate by-laws clearly stated that at anytime any share holder wanted to sell their one share that it had to be offered back to the corporation and NEVER could be sold to any outside party of this corporation?

MERS’s ownership includes ONLY the big banks and title companies which are most likely owned by some of the other mortgage enterprises?

Where once they were boldly filing the Complaints for Foreclosures in their name as a primary injured party, they now have made formal statements that they are nothing more than a “nominee” [which no courts has provided a proper description for] and will on longer be filing anymore Complaints in their name? So I guess this is suppose to let them off-of-the-hook for their hundreds of thousands of past illegal aiding & abetting foreclosure actions???

If anyone out there that has any pending courtroom activities w/ MERS included, I believe you should file for a full Discovery to force their hidden corporate owner’s identites to be a recorded matter of the court ~