Defendants in MERS recording fee case file brief supporting motion to dismiss
A suit filed last year by the St. Clair County State’s Attorney’s office against banks and Mortgage Electronic Recording System (MERS) over a “shadow” mortgage recording system should be dismissed with prejudice, the defendants say.
State’s Attorney Brendan Kelly sued last May alleging the defendants’ recording system effectively eliminates the ability to track the purchase and sale of properties through the traditional public records system.
A joint motion to dismiss was filed Feb. 15 by MERS, Bank of America, Wells Fargo Bank, CCO Mortgage Corporation, EverHome Mortgage Company, Regions Bank, First Collinsville Bank, FirstCo Mortgage Corporation, First County Bank, Commerce Bank, UMB Bank, Midland States Bank, Citi Mortgage, Suntrust Mortgage, MERSCORP, Inc., HSBC Finance, Bank of O’Fallon, SunTrust Mortgage, Mid America Mortgage Services of Illinois, Peoples National Bank and Mortgage Services.
A reply brief supporting the motion to dismiss was filed April 8, saying the Illinois Supreme Court more than a century ago rejected a plaintiff theory that Illinois law contains a mandatory duty to record mortgage assignments.
Rest here…
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From: Judith Mc Donald
Date: Apr 1, 2013 12:14:58 PM
Subject: #0197924/Bank of America #179390507
To: Consumer.Protection@state.de.us, Beau@BeauBiden.com, judesworld.mcdonald3@Gmail.com
Dear Sir & Madam:
Please be advised I NOW have 3 file numbers with this dept. and request that the 3 files be combined and examined by 1 point of contact.
The lastest corresponding letter suggested finding attorney,writing case number and making me aware that this office can not give me legal advise.Since that letter more cut & paste of my name occurred with Blank/Rome law firm representing Bank of America, I am #179390507, I know this mortgage debacle I have lived it since 2009 and yet Bank of America has again sent foreclose letters , informed me “TILA” ran out so they don’t have to address “TILA” I have 3 briefcases of fraudulent documents some signed by me and the same copy sent from BofA other location NOT signed by me. They inform me my RESPA claim asks to much information. They charge me for inspections that never happened FedEX charges where this (law) needs @USPS. I held Satisfaction of mortgage until 7/22/2011 when home was sold to Alaska Fed Credit Union the same day MERS was to desist in any foreclosures. On 12/09 I on phone with Vice Pres. of the Office of Pres. had friend take phone call with my permission,he was advised for me to stop paying mortgage and will testify in court as Bank Manager this indeed happened. You may not be able to give me legal advise but having a list of qualified attorneys THAT interest is NOT bankruptcy would help. The settlement that each State was awarded so the Banks did not admit guilt, I thought on Dylan Ratigan AG Biden thought some funds may be used help poor folks like myself. Bank of America sends letters daily, did they ever respond to your unit? I have never heard back from the 3 ladies that gave me a case number and feel like Mr.Black has send you must look to find the fraud and I have written often of the abuse suffered by Bank of America. Tell me an attorney, tell me you read some papers I sent, I NOW have more by both Bank of America and Blank/Rome law firm, with macular degeneration and nerves that seem explosive I thought someone would want to have an appointment with this work I have years in the making. I dispute this debt, notice no dates, I have hundred pages I never signed because I was not present 9/22/07, I now have UCC sent by Blank/Rome with my signature faxed one day earlier that this refi and I have Bank of America copy with OUT my signature.
I want this to end, I am very ill and July may need to have treatment for my cirrhosis which will take 48 months and challenge mental ability if my white blood cells can withstand this protocol. I am a good citizen,many awards in DE and showcased by Small Business Admin in all 50 states. NOTE: 3 CASE files on me.
I need help. My current phone is (302) 983-0078
Respectfully yours,
Judith Mc Donald
Luaders also wrote the county is not a MERS member or a party to its rules, and the county lacks standing. Does Luader realize MERS never asked permission to make law “ever”. MERS IS NOT A POLICY MAKER. No legistlative permission to make MERS laws! Perhaps MERS thinks bank law is law.
http://www.scribd.com/doc/131912650/MERS-Show-Me-the-Nomination-Bryant-03-2013?in_collection=3942660