FOR IMMEDIATE RELEASE
Janis L. Smith
Statement by Janis Smith, MERSCORP’s Vice President for Corporate Communications
on the complaint filed by the State of Delaware
October 27, 2011
Our business model is straightforward and transparent. MERSCORP, Inc., and its subsidiary, Mortgage Electronic Registration Systems, Inc. (MERS) comply with laws as well as county and state recording statutes and mortgage regulations.
There is no merit to the Delaware attorney general’s allegation of deceptive practices, and we refute claims that use of the MERS® System caused confusion to borrowers or any other participants in the mortgage finance system.
Homeowners have free access to their loan servicer information on the MERS® System at all times, and MERS’ website also provides them with access to mortgage counseling and foreclosure prevention organizations. The borrower’s customer relationship is with the servicer, and not with MERS, and federal laws require the servicer to disclose all changes in ownership to borrowers.
MERSCORP has cooperated in good faith with the Delaware attorney general’s office and complied with their requests for information under a subpoena issued earlier this year. The lawsuit they filed was unexpected, and we disagree with the allegations made in their complaint. The MERS® Systems role in the mortgage industry has reduced chain of title issues, provided efficiencies through e-commerce, and resulted in lower mortgage borrowing costs to consumers.
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You Want A New Biz Model & Transparen
cy, Do This…
I just read your release on Beau Biden and Delaware’s lawsuit against you all. I had to write you after I stopped laughing so hard, I mean really? I find your press hacks and your company’s “spin” laughable!!! Transparency, are you kidding me? Didn’t I ask you all to stop foreclosing in MERS’ name in 2002 and 2003? Didn’t I offer to pay your company the costs to simply program a little code to allow the investor information to be given to borrowers on your site? Didn’t I warn you about robo-signing, fraudulent pleadings, affidavits, and most importantly, your assignments almost a decade ago? Didn’t I warn you about the servicers and foreclosure mill’s actions and your lack of supervision? Didn’t I tell you the people would one day get so angry they’ll start showing up at your door? Didn’t I say that one day, a hurt of legal trouble will come your way?
Well, maybe you want to refresh your memory a bit when you read this “You may want to study the FLA. RICO law. It may prove useful to you in your upcoming depositions and perhaps when you have to explain yourself and your business to govt. regulators, AGS, and USDOJ! Much luck! Hey, and will you answer my questions on here for all to see?” that I posted on your forum at http://www.mersinc.org/
Two weeks ago, the OIG for FHFA came out and said that Fannie and everyone else should have heeded my warnings way back when (2003) when they issued two reports. I have advised them that they must dismantle your operation since it poses severe reputational, operational, and legal risk and liabilities to U.S. Taxpayers since lawyers are going to start and will pierce your corporate veil of opaque non-transparacy that was specifically designed to conceal the banker’s Pandora’s “Black” Box of financial alchemy, not a measly $20 recording fee (that you all are getting sued for anyway now).
BTW, who’s footing all the legal fees? My understanding is that the members have to foot the bill when it comes to litigation involving cases by borrowers, but when the County recorders, AGs and everyone else comes on down the line, I don’t know what specific member would have to foot such a bill? Also, any insurance you have would certainly not cover fraud, I would think. Please pass on my hellos to them as well as make sure you preserve ALL data and information containing my name and email addy since I am sure they will be important in many cases to come to prove mens rea and scienter!
Sorry for my contemptuous voice and gloating, I mean really, do you blame the contempt I have right now for you and your ilk when ALL of this, and I mean ALL of this, could have been avoided if you all had simply done your jobs, listened, and seen the writing on the walls? You have personally assisted in stealing the homes of countless Americans and clouding the title of virtually all Americans. You have not bought off every judge in America and that fact must scare you.
Ok, so you think you knew more than me, but Judge Gordon and Judge Logan? That was 2005 and way after my warnings! Then, what you did to Rumbough. For Pete’s sake, one of your lawyers actually gave sworn testimony that you owned and transferred a promissory note! Here, for your recollection of when you were at the hearing, read the transcripts and both my warnings and judge Gordon’s warnings years ago…. You remember when Judge Gordon read “verbatim” my warnings to you. Remember Ms. Nye (he didn’t know I was a male) and Ms. Pew (me acting for my mom) and our warnings were the very first thing that Judge Gordon drew your attention to and Bobby’s attention to in this transcript…
And, his order and decisions here… http://www.msfraud.org/LAW/
How about this warning?
You know, after the years of death threats, computer hacks, vexatious legal attacks, and slander campaigns directed at me, Jack, Max, and April, I wonder what you really are thinking about when you go to bed each evening? How you have been allowed to keep your job is beyond me. How Fannie, Freddie, and the FHFA have not pulled MERS’ plug to its respirator is beyond me as well. As the new legal positions are carefully and more acurately articualted, can or will you survive without a transplant?
To that end, since our nation owns your little virtual fraudclosure machine there via the conservatorship of Fannie and Freddie, let me give you all some advice that I hope ALL of you will heed, this go-round. Disband MERS’s current form and ownership. Make it a non-profit with a bi-partisan and non-bank board composed of county recorders, investors, shareholders, advocates, title and real estate lawyers.
Turn MERS into a national database of mandatory registration of all rights to a mortgage loan where the borrowers would pay $25 (a nice fee) to annually subscribe to all information contained in the system. The system should have both imaged copies of all notes, allonges, and assignments, whether recorded or not recorded, along with each sale or transfer of servicing rights as well as transfer of the note AND all trust interests. So, investors would register on the system as having interests in the various MBS trusts. If the CDOs are created, what ever little slice should be reflected as being sold. Create a REAL Estate System Transparently Easy (REST EASY™) for short. I’ll be happy to donate the trademark and offer my marketing skills for free. I’m sill working on the blueprint, but the guys at EDS and IBM and god forbid, LPS should be able to knock off the system in a couple of months. Maybe we get them to do it for free as part of their sanctions for their complicity in this mess.
In your system, a borrower would have the ability to see all subservicers, servicers, custodians, sales of servicing rights, and sales and transfer of the note. Make MERS the NEW National System of real estate transparency, not a veil to commit financial fraud. I am sure I could get our colleagues at OWS to support this as a positive first step. What say ye?
LPS can do the same! Let everyone have access to the books. We then create mini-regulators with citizens analyzing what is going on, and we reduce government waste and spending as well as taxpayer liability. We also create a new mini Qui Tam act with arbitration with awards of 10% instead of current awards, but no need to break the bank, but fix the banks. Open transparency would come to the real light of day.
For now, why do lawyers I work with have to pull teeth to get the MERS Milestone Report that alleges to show all the transactions which we know is only garbage in – – garbage out? How about this for starters and a way to make some income to build a defense fund the huge defense bill that you all now have. Provide the MERS Milestone Report to ANY party on ANY property with a MIN No for a $25 to $50 fee so people can analyze and judge for themselves their cloud on title issues. How ’bout it?
On another matter, are Fannie and Freddie picking up ANY of the enormous legal fees you are incurring? I can’t believe the citizens of this nation would be footing the legal bills to fight other citizens of this nation and the states and counties suing you? This is a big story for the journalists I am forwarding this to for their own investigation.
The ONLY thing that will revive this morbid housing and real estate market would to clean it up first; send some people like yourself to jail or the poor house; and then create a REAL system of transparency for ALL to see so that it will restore confidence not only in the housing market and real estate land records, but in our nation’s government and economy.
You’ve slandered, attacked, ignored, ridiculed, and ignored my colleagues and I for a decade now. Does your new president finally want to smoke a peace pipe and see how we can fix this, or do you still want to battle in the courts of law and public opinion. If you haven’t noticed yet, WE’RE WINNING!!!!!
PS I’ve sent to AGS, media, blogs and lawyers so they can freely distribute as needed