24. March 2010 by Spiritual Patriot.

The Supreme Court of Kansas recently referenced a Bankruptcy Court from Massachusetts that said:

“When the role of a servicing agent [MERS] acting on behalf of a mortgagee is thrown into the mix, it is no wonder that it is often difficult for unsophisticated borrowers to be certain of the identity of their lenders and mortgagees.” In re Schwartz, 366 B.R. 265, 266 (Bankr. D. Mass. 2007).

Then cited the Supreme Court of New York (Kings County) that said:

“[T]he practices of the various MERS members, including both [the original lender] and [the mortgage purchaser], in obscuring from the public the actual ownership of a mortgage, thereby creating the opportunity for substantial abuses and prejudice to mortgagors . . . , should not be permitted to insulate [the mortgage purchaser] from the consequences of its actions in accepting a mortgage from [the original lender] that was already the subject of litigation in which [the original lender] erroneously represented that it had authority to act as mortgagee.” Johnson, 2008 WL 4182397, at *4, 873 N.Y.S.2d 234 (2008).

When a court references these slams you know that the House of Cards that is MERS (Mortgage Electronic Registration Systems) is gonna take a hit.

TECHNICAL STUFF: Seems that when a first lienholder was foreclosing it sent notice to the originator of the second lien even though MERS was shown to be mortgagee on the second lien (as nominee of the lender).  Of course, the second lien originator had previously transferred its interest to a new lender, and the new lender did not get notice of the foreclosure and was wiped out by the foreclosure by the first lienholder.  The question was whether MERS was entitled to notice of the foreclosure.  The answer was no. (See another description of the case here.)

The relationship that MERS has to (to holder of a loan) is more akin to that of a straw man than to a party possessing all the rights given a buyer. A mortgagee and a lender have intertwined rights that defy a clear separation of interests, especially when such a purported separation relies on ambiguous contractual language. The law generally understands that a mortgagee is not distinct from a lender: a mortgagee is “[o]ne to whom property is mortgaged: the mortgage creditor, or lender.” Black’s Law Dictionary 1034 (8th ed. 2004). By statute, assignment of the mortgage carries with it the assignment of the debt. K.S.A. 58-2323. Although MERS asserts that, under some situations, the mortgage document purports to give it the same rights as the lender, the document consistently refers only to rights of the lender, including rights to receive notice of litigation, to collect payments, and to enforce the debt obligation. The document consistently limits MERS to acting “solely” as the nominee of the lender.

Landmark Nat’l Bank v. Kesler, 2009 Kan. LEXIS 834 (Aug 28, 2009), here.

The Kansas Court went on:

What stake in the outcome of an independent action for foreclosure could MERS have? It did not lend the money to Kesler or to anyone else involved in this case. Neither Kesler nor anyone else involved in the case was required by statute or contract to pay money to MERS on the mortgage. [citation omitted](”MERS is not an economic ‘beneficiary’ under the Deed of Trust. It is owed and will collect no money from Debtors under the Note, nor will it realize the value of the Property through foreclosure of the Deed of Trust in the event the Note is not paid.”). If MERS is only the mortgagee, without ownership of the mortgage instrument, it does not have an enforceable right.

Landmark Nat’l Bank v. Kesler, 2009 Kan. LEXIS 834 (Aug 28, 2009), here.

Note that the Kansas Supreme Court feels the same way about MERS as the Arkansas Supreme Court in March 2009:

MERS holds no authority to act as an agent and holds no property interest in the mortgaged land. … MERS has no interest to protect. It simply was not a  necessary party. See Ark. R. Civ. P. 19(a). MERS’s role in this transaction casts no light on the contractual issues on appeal in this case. See, e.g., Wilmans v. Sears, Roebuck & Co., 355 Ark. 668, 144 S.W.3d 245 (2004).

Mortgage Elec. Registration Sys. v. Southwest Homes of Ark., 2009 Ark. 152, 7-8 (Ark. 2009)

MERS is a straw man to the Kansas high court.  MERS does not own anything, and therefore does not have an enforceable right.  It is not entitled to notice says the court.

Posted in Kansas, MERS, foreclosure, Uncategorized | Print | No Comments »

22. March 2010 by Spiritual Patriot 2012.

Every day more and more information about how we have been preyed on and used is surfacing.  The Bank of England is now asking for their money back on bad investments they were misled on, buying bad mortgages from US banks.  You can read the Story on Living Lies by Neil Garfield.  If you would like to learn more about how to save your home and even ask for compensation and damages please call or write us today.  See our contact page on the top right.

Posted in national foreclosure protection center, bank of america, lindsey howell, robert ponte, banking, foreclosure help, foreclosure | Print | No Comments »

7. March 2010 by Spiritual Patriot.

What do cell phones and foreclosure have in common? Both are pretty much forced on us. Foreclosure happens after you try with all your heart to get a loan modification, which never happens. Then they start foreclosure on your home. But what do we always keep even while one of the worst events in our lives is happening. We keep our cell phone, no matter what the cost. It is kind of our home away from home. I never thought 3 years ago I would be in foreclosure and having a hard time paying for my cell phone, but I am. So what have I learned? Well I am working with Lindsey Howell putting together a course to teach people how to defend their homes. Especially since the banks, government and attorneys will not. One must as they say take the bull by the horns. Next we have to cut expenses, but can’t lose the cell phone. So my next step now is learning again how to tell the millions of foreclosure victims and cell phone users how to get their service for free, with Wow Mobile. Wow on the road again now. Defending my home and will win. Reduced my cell phone bill to zero and helping others to do the same.

Posted in robert ponte, cell phones, wow mobile, the hudson group, foreclosure, Uncategorized | Print | No Comments »

1. October 2009 by Spiritual Patriot 2012.

Do you think the loan modification you have been working on for months or even longer is just a way for the bank to fool us in thinking their going to help?  I hear over and over again from people that this is the case and worse.  Wells Fargo seems to be the worst but all banks are basically biding their time with us just lurking around the corner waiting to pounce and take our properties.  but wait!  Is there something we are not seeing or doing?  Yes!  With just a little side step from the status quo media outlets, you can find a wealth of information that not only will help you put off the banks but save your home and remove the illegal lein.  And maybe you are even entitled to some sort of compensation and damages!  Even the judges are getting it.  Take a look at one good judge in Brooklyn is doing in his court. Keep the faith and good thoughts and good things are coming.  this is one of the most important times in history as the US government and businesses will learn that more is less, and less is better for us all. Namaste’ Robert

Posted in wells fargo, Kansas, living lies, stop foreclosures now, foreclosure help, General, foreclosure, banking, Mortgage Crisis | Print | No Comments »

28. September 2009 by Spiritual Patriot 2012.

GRETCHEN MORGENSON article about the implications of the landmark case against Mortgage Electronic Registration Services (aka MERS) in the NY Times is hopefully getting the attention of their readers.   As GRETCHEN MORGENSON suggests the implications are great and potentially beneficial to homeowners facing foreclosure.   I do not want to go to far suggesting that the NY Times is finally getting on board with all the fraud and corruption going on in the banking and mortgage industries.  but it is a good sign that the went with this story.  Neil Garfield also published on his site Living Lies.

Posted in Kansas, neil garfield, NY Times, bank bail out, foreclosure help, foreclosure, banking, Mortgage Crisis | Print | No Comments »

27. September 2009 by Spiritual Patriot 2012.

There are many sites to help people with foreclosures.  Neil Garfield’s Living lies,  Charles Lincoln’s Spiritual Patriot and Foreclosures Stop Now to name just a few.  Take some time today for yourself and family to search these sites and read what the possibilities are for saving and keeping  your families home.  About 98% of homeowners facing foreclosure do not even look or think their is any hope other than going bankrupt.  Pass this along to anyone who may know someone facing one of the worst things that could happen to them, losing their home, and to a bank no less that has NO right to it in the first place.  Need help now call Robert @ 860-599-5557 there is a way.

Posted in living lies, neil garfield, Kansas, foreclosure help, foreclosure, banking, General | Print | No Comments »

23. September 2009 by Spiritual Patriot 2012.

MERS aka. Mortgage Electronic Registration Systems has lost their case in Kansas giving them the right to foreclose on families homes!  This landmark ruling potentially will turn the tide for millions of Americans facing foreclosure.  But only if they try!  You must read these blogs, artcile and get help.  contacting Neil Garfield at Living Lies or an attorney who gets it is crucial to your success saving your home.  If you need help now or more information call Robert 860-599-5557

Posted in MERS, Kansas, stop foreclosures now, foreclosure help, foreclosure, Mortgage Crisis | Print | No Comments »

15. September 2009 by Spiritual Patriot 2012.

Feel like you are being taken by Wells Fargo?  Do you think Wells Fargo has your families best interest at heart?  Charles Lincoln is asking these questions and more with the intention of stopping this banking scammer from stealling any more of our homes.  Tierra Limpia and Deo Vindice, aka Charles Lincoln is looking for people to sign up for a potential class action suit with Wells Fargo.  Call Robert at 860-599-5557 or click the links above to find out more.

Posted in wells fargo, foreclosure help, foreclosure | Print | 1 Comment »

8. September 2009 by Spiritual Patriot 2012.

Imagine that you home was foreclosed on and then they destroyed it! Why would a bail out bank who got millions and millions to help families keep their homes destroy a perfectly good brand new one? This and many other questions should be asked and published. Deo Vindice mortgage redemption process is the best way to learn and educate ourselves on keeping and saving ones families home. Bank bail outs and loan modifications are a sham at best.

Posted in bank bail out, tarp funds misuse, stop foreclosures now, foreclosure help, mortgage, banking, foreclosure | Print | No Comments »

1. September 2009 by Spiritual Patriot 2012.

Justice Arthur M. Schack threw out 46 of 102 foreclosures cases and most of the defendants were not even present!  What a great man who stands up to the power and money of systems gone way awry.  Imagine if more judges actually looked at the reams of foreclosure motions on their desk and they all did what Arthur does, throw them out, why?  Because most are done wrong and the defendants do not have the means to argue their case, let alone know what to argue.  Little by little we are seeing a small group of individuals standing up for the people of this country and not just siding with big institutions who only care about profit.  Over 6 millions families have been illegally foreclosed on in the last 3 years alone.  Another 10 million are expected in the next 3 to 5 years.  Get foreclosures help here.

Posted in famous people, foreclosure help, banking, mortgage, foreclosure, Mortgage Crisis | Print | No Comments »