Monday, October 4, 2010

MERS Tried Quiet Title - Didn't Work - WAY FOR ALL TO FIGHT MERS! Debt Still Valid - BUT NOT AGAINST HOME!

MERS tried to Quiet Title. In so doing they paved the way for millions of homeowners to sue MERS to quiet title. 

Here is yet another way to fight MERS - besides the fact the servicers are the ones trying to foreclose, of which they CAN NOT!
MERS tried to Quiet Title. In so doing they paved the way for millions of homeowners to sue MERS to quiet title. The net result is that the encumbrance is invalid. That means the debt, the obligation, MIGHT exist, but it is NOT secured by the home. I’d say I told you so, but that would be immature. :)
All of that is important but Judge Jeffrey Arlen Spinner went a lot further and made his mark on the issue of bogus affidavits that say nothing but which are used by foreclosure mill attorneys who spout off about what the affidavit says or what it proves. Judge Spinner flatly says the affidavit would be insufficient even if MERS had an interest, which it does not. He clearly states the law which is valid not only in New York, but EVERY state and federal jurisidiction, but which has been ignored by a majority of judges until now:
To establish a claim of lien by a lost mortgage there must be certain evidence (e.s.) demonstrating that the mortgage was properly executed with all the formalities required by law and proof of the contents (e.s.) of such instrument. … Here Burnett’s affidavit simply states that the original mortgage is not in Deutsch Bank’s files, and that he is advised (e.s.) that the title company is out of business. Burnett gives no specifics as to what efforts were made to locate the lost mortgage…. More importantly, there is no affidavit from MLN by an individual with personal knowledge of the facts that the complete file concerning this mortgage was transferred to Deutsch Bank and that the copy of the mortgage submitted to the court is an authentic copy of Torr’s Mortgage.” (e.s.)
EDITOR’S NOTE: The importance of this decision and its citations cannot be over-stated. Now we are getting down to the nub of it. It isn’t enough for the  foreclosure lawyer to make empty allegations contained nowhere in pleadings, affidavit or proof. The foreclosure lawyer is seeking affirmative relief — enforcement of the note and sale of the property. If he can’t plead the case in good faith then he doesn’t belong in court. And if he does plead the case he must prove it within the boundaries of ordinary rules of evidence. A competent witness must exist who is wiling to testify under oath and who actually appears to do so. They musts possess PERSONAL knowledge (not what someone told them) of the facts about which they are going to testify. Business records exceptions are very restrictive as they prevent the other side from cross examining a live witness (a basic constitutional right of due process).
  • “Trust me” is not a substitute for real evidence.
  • If they want to prove the obligation, they need evidence.
  • If they want to prove a default, they need evidence,
  • if they want to prove the note is evidence of the obligation, they must prove that assertion with evidence that the note is the whole deal (which is NEVER the case in a securitized loan).
  • If they want to prove a lost note they need evidence that the note was in existence, when it was in existence, how it came into existence, and what happened to it — not just say we had it, but now we don’t.
  • And watch out for those “original notes.” Many of them are fabricated using simple software and a color printer. If there are no impressions on the back of the page, even the note they present is probably NOT the original and is probably a fabrication printed off a laser or dot matrix printer. Close examination will show even a novice the truth of this statement.

2 comments:

  1. Hi Sherrie
    Something few people know is that the bank NEVER LOANED ANY MONEY! They use double entry bookkeeping where a credit must be on one side of the ledger and a debit on the other side. WE ARE DECEIVED INTO THINKING WE RECEIVED A LOAN WHEN ALL THE BANK DID WAS TAKE OUR SIGNATURE ON THE LOAN APPLICATION AND MONETIZE OUR SIGNATURE. It is a big secret. You may want to go to www.moneyonaccount.com to find out about the fraud. I found this posting by mistake so I will probably never find it again. If you want more info you can contact me at aranize@yahoo.com. My house was paid off but it was still stolen by bankers and judges in 2008. Yet I am sure we will get it back. My site with info is www.bedfordcorruption.com

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  2. Did you borrow the money? Yes you did. It's unbelievably dishonest to think you can get out of a debt like this.

    If you transfer money from one bank to another do you transfer a suitcase full of cash? This is no different. Anyone who thinks they are going to get away with this is going to wind up being sued eventually, even if they get their "quiet title".

    This is as nutty as those people who think they are "sovereign citizens" who don't have to pay taxes.

    ReplyDelete

Thank you for commenting. I moderate the comments due to a mass amount of spam, even though there is a word verification needed. I also moderate them due to some very foul and violent comments at times. Thank you for understanding. I am not at the computer constantly so sometimes it takes a little longer for the comment to show up. I appreciate hearing from you and you adding your voice to the conversation. Sherrie