Friday, October 22, 2010

Excellent Info - Ruling AGAINST MERS Right to Foreclose! No Secured Trust! ALL MERS Mortgages ARE the Same!

Here is a Ruling Against MERS and it's Right to Foreclose From Market-Ticker Article

Please go to the Market-Ticker Link to Read the WHOLE article of Information, Good and Informative!  Thank You, Karl for being on top of the MERS Fraud, as you ARE!

Sections of Article:

Now we get to the meat of it.  That is, The Trust must bring the action, either through an agent or by itself.  But as soon as it does, it is then burdened with showing that it actually has the note, and thus has received conveyance.  

The Motion here certainly suggests that the Fieldstone Mortgage Investment Trust Series 2006-3 (or perhaps HSBC Bank USA in its capacity as indenture trustee for that trust) was the holder of the note on the June 24, 2008, petition date. But at the time of the final § 362(e) evidentiary hearing herein, the parties discussed and Movant ultimately conceded that (I) the Note contained nothing indicating its transfer by Fieldstone Mortgage Company, (ii) the Motion was devoid of allegations regarding the details of any such transfer, and (iii) the record lacked any other documents related to the issue.



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