yeah and funny thing is this is not so unusual – the servicers do it all the time, every day, in every state, and always get away with it. The AG settlement allows it to continue, too.

Hey Wells Fargo, can I get a free house from all the homeowners if I pay them $1800 each for thier troubles? Better yet, if a homeowner robs your Bank of a million little dollars, and offers to pay you $10 as a settlement, would you go for it and keep me out of jail, to boot, if I simply promise not to do it again?? NO??? Well, you ungrateful SOB, the AG’s did just that for you, and you still won’t stop your egregious behavior.

AG consumer protection FAIL.

Investors aren’t named because they do not hold any legal title, i.e. the contract, whether the note or the mortgage, is not titled in the name of the investor. Legally, that is a big difference. Your criticism of MERS is legitimate, especially when transfer of the note is at issue. And I do blame some judges for simply not taking the time to understand the nature and role of MERS. I also blame homeowner’s counsel who fail to dig deeply enough to present the whole story to those judges. I do not, however, think that judges are in on the “ponzi” scheme (foreclosures aren’t ponzi schemes). I don’t really see a conflict of interest. No one is working both sides of the case caption, but there are many problems.

and only BOA will win – while the investors and the homeowners lose and the taxpayer gets a bill for helping out.

Next thing you know, Wells Fargo will buy BOA (minus all the fraud liability). Wouldn’t that be sweet?

yeah, right. I suppose, then, that the mortgage loans were never securitized nor registered with MERS. BOA probably has no real-party interest whatsoever in either of those loans, and the real parties of interest are probably not named at all.

BOA stands to get a free house once the real parties (NOT BOA #1 or #2) fail to join the case, isn’t that what it really boils down to? Of course, the homeowner probvably can’t afford an attorney on this – and the taxpayers are most likely paying for BOA’s attorneys (they are probably on Fannie Mae’s, or some other GSE’s, “retained attorneys” list, just like Wells Fargo’s foreclosure attorneys).

I wonder when the homeowners will be able to get justice for all of this legalized-only-in-the-courts kleptocracy.

Just like the courts allow MERS to regularly assign an interest which it never possessed (in the Note which the mortgage secures) to a mere servicer while being the servicer’s employee (which supposedly, by law and by corporate agreement, it cannot do). To get rid of MERS as a “mortgagee” all they need do is further the fraud by naming MERS, who cannot defend itself against its own fraud, as a party.

How come the average person can’t get away with these kinds of crimes, and get a free house like the servicers do? Could it be that the courts are in on the Ponzi scheme? The conflict of interest in all of these cases is so obvious – yet the courts allow it. Unfair SCAM on the People, is what it seems to me, in the interest of preserving To Big To Fail, IMHO