The Washington State Supreme Court has ruled that previous Foreclosures by MERS were FRAUD! It says that MERS business model is based on deceptive practices.
The ruling sets it up where anyone was foreclosed on my MERS in the past can SUE them for FRAUD!
The Washington Supreme Court held that MERS' business practices had the "capacity to deceive" a substantial portion of the public because MERS claimed it was the beneficiary of the mortgage when it was not.
This finding means that in actions where a bank used MERS to foreclose, the consumer can sue it for fraud. If the foreclosure can be challenged, MERS' involvement would make repossession more complicated.
On top of that, virtually any foreclosed homeowner in the state in the past 15 years who feels they have been harmed in some way could file a consumer fraud suit.
This is a huge ruling for everyone that has been foreclosed on.
I wrote about this ruling last month when it happened.
The ruling shows people can band together and sue MERS and all the banks under MERS for FRAUD!
I have tried for years to get attorneys across the country to do Class Action suits against the banks for previous Foreclosures.
I can tell you to go to the tab of "MERS lawyers" I have above that have contacted me and I have spoken with that are doing Class Action Suits and defend against MERS foreclosures.
I also am trying to get something more going regarding this, which I won't go into detail right now but it involves a very large organization that could start a tsunami across the U.S. with others doing the same. If it comes to fruition I will write about it.
I am asking everyone who has been foreclosed on the the past years by MERS and a MERS bank to SUE the banks and MERS for the FRAUD they committed!
By standing up and standing together we can make a difference!
MERS is complete FRAUD!
Look on your deed and closing papers and see if you have a MERS bank and if MERS is listed!
If you don't know for sure you can find out and have a complete audit done by "USMortgageTruth" .
I have spoken to Jesse there multiple times. A concern I had was about people being able to afford a complete audit. He has now set up a program where people can get help without the thousands out that attorneys charge. I believe it is set up for around $30 a month for 12 months.
Lenore Albert a lawyer from California who had started various Class Actions against MERS in the past contacted me and said she is going after the LIBOR fraud too. I am inserting an email she sent me earlier this month about her suits. Understand I believe from all of my correspondence with her and Jesse they both have their "heart" into suing the banks and stopping the FRAUD compared to trying to make money off people.
This is an email I got from Lenore as we were discussing a Class Action across the board LIBOR suit:
I am not convinced that the loans need to be any type other than based on LIBOR, so I am not excluding Fixed as I have investigated and seen the numbers attached to "fixed" rate LIBOR loans well above LIBOR rate. It is not a variable that needs to be met. I am tightening up my putative actions.
1. LIBOR loans
2. Foreclosure sales that occurred from 10/8 to 12/31/2010.
3. Dual Tracking foreclosures with modification reviews with Aurora Loan Services (on appeal - fully briefed) unfair permanent modification in state court.
4. Stock plans that started to eviscerate after February 2012 with MorganStanley Smith Barney
5. TILA 131g (failure to disclose creditor claims) and modification issues with Wells Fargo and US Bank, NA.
Here is Lenore Albert's complete information:
Lenore L. Albert, Esq.
Law Offices of Lenore Albert
7755 Center Ave Suite #1100
Huntington Beach, California 92647
Phone: 714-372-2264 or e-fax: 419-831-3376
Law Offices of Lenore Albert
7755 Center Ave Suite #1100
Huntington Beach, California 92647
Phone: 714-372-2264 or e-fax: 419-831-3376
Please if you know of anyone who has been foreclosed on get them informed about this ruling and their rights against FRAUD of their foreclosure in the past.
If you are threatened with foreclosure know that a MERS bank has NO right to foreclose on you! They have no standing! FIGHT A FORECLOSURE! FIGHT THE FRAUD! STAND UP!
There are people who are honest and sincerely want to help people and to stop the fraud of the banks.
Here is another paragraph from the article linked at the top:
Legal experts said last month's decision from the Washington Supreme Court could become a precedent for courts in other states. The case also endorsed the view of other state courts that MERS does not have the legal authority to foreclose on a home.
Could you explain what is MERS? Thanks.
ReplyDeleteHey
DeleteHere is a link to everything about MERS. http://sherriequestioningall.blogspot.com/2010/07/mers-mortgage-electronic-registration.html
It is what all the Wall Street banks have used to register mortgages. It is "Mortgage Electronic Registration Service". It was created to commit fraud against the states and not pay transfer fees to the states when loans are sold from one fraudulent bank to another. Due to that there is no accounting who actually owns a loan.
Go to the bottom of that page and you will see the list of MERS fraud and what they are and are not.
I should not assume that everyone knows about MERS now. Please inform and educate yourself on the FRAUD that is happening by Wall Street and how to FIGHT the FRAUD!
If you have a MERS loan (which most people do - as most banks have used MERS) then you CAN NOT BE FORECLOSED ON BY REAL LEGAL STANDARDS!
My husband and I were foreclosed on April of 2011 after applying for TWO mod loans with bank of america and also a disability was turned down due to him having strokes in January 2008!! We then applied for a Reverse Mortgage Oct. 2010 and was approved for $467,000 to pay off our home and the bank would not give us a pay off amount!! We waited for six months for a pay off and First Choice Bank of Baltimore worked hard to get them to give us an amount!! AFTER the foreclosure, bank of America called us twice asking if we would like to catch up our payments and we told them..."WE WANT TO PAY IT ALL OFF!" THEY HUNG UP BOTH TIMES AND NEVER TOOK OUR LOAN SO WE COULD STAY IN OUR HOME. A real estate agent with James River Realty claimed she could help save our home because she worked with HUD and was suppose to be keeping in touch with bank of america!! She then wanted Sean Shadoan's name and number with First choice to push our loan along and Sean called and emailed us both to say Karen White was "dangerous" and "crazy" and she is not trying to help you!! She told Sean we were "frauds" and my husband didn't have strokes!!!! She claimed she was friends with the foreclosing Att...Sam White, too!!! We feel something crooked went on the whole time Karen claimed she was helping us save our home!!! We LOST our home and moved to a rental home in Smithfield, Va. from CArrollton, Va....just outside of Smithfield. We only owed $180,000 and had this Reverse Mortgage approved for $467,000!!! NOT RIGHT!!!
ReplyDeleteBruce and Linda Steffey.69 years old!!!....GGGRRRRR
I am SO sorry! Unbelievable the FRAUD! You NEED to SUE the bank and that woman!
DeleteThe amount of FRAUD from the banks is disgusting! This is why standing up is important because the FRAUD against the people is horrid and they are not held accountable! We the people need to hold them accountable by SUING them!
FYI - I forwarded your comment to someone.
Sherrie, I have been working on the same issue in Nevada for nearly five years. The news from Washington state re. Mers was revolutionary. We should talk.
DeleteAlso, telling "foreclosees" they should sue is akin to telling them they should make a $20,000 beet thate they culd easily lose. My point is that sing the lender is an expensive process and no lawyer will guarantee an outcome. I have been hearing and reading the "sue the bank" advice for nearly five years and no one has ever mentioned what it costs or the odds of winning.
ReplyDeleteTwo years ago, my x-wife sought a loan modification from OneWest Bank. Like so many, they told her she had to be at least three months late or more before they would consider her application. Once she complied, they accessed penalties, interest and other fees. When she refused to pay their added charges, they went into foreclosure. I helped her postpone her foreclosure for one and a half years by using the legal system of Deny and Discover. Eventually, OneWest Bank foreclosed and Fannie Mae "bought" her home. They then filed an unlawful detainer eviction. I filed over 200 pages of pleadings, motions and documents attending court with my x-wife six times to orally argue before the judge. We lost on all accounts. With 48 hours before the Sheriff came to physically remove her, I filed an emergency Motion for Reconsideration of Defendant's Motion for Summary Judgment. This time the judge actually read my paper work. The judge then reversed the unlawful detainer, foreclosure, Deed Upon Sale, Notice of Foreclosure and Notice of Default stating that MERS separated the Note from the Deed thus making all transactions and assignments void. It took me 2,000 hours of research and thousands of dollars learning how to write and argue legal doctrine, but it paid off. If I could do it, anyone can. Never give up hope.
ReplyDeleteDr. James Chappell