Nancy Becker Montgomery Cty. Pennsylvania Sues for Quiet title for MERS homeowners "All like situated"!

 This is so Awesome!

The Montgomery County Pennsylvania Recorder of deeds, Nancy Becker has sued for all "like situated" in Montgomery County (approximately 130,000 MERS households of mortgages) for "Quiet Title".

This is HUGE in my opinion.   The court has denied MERS (defendant's) request for dismissal of the suit.  The court did dismiss the portion of "Civil Conspiracy" of the suit.

What Nancy Becker did was to bring a suit to require assignments and the transfer fee (about $45 each one) to be recorded.  The whole suit is due to the county losing money due to MERS fraud of not recording the assignments of loans.

How did she get the idea to bring a carte blanc class action Quiet Title suit for all homeowners of the county?  

She got it from the defendants brief in another suit when she tried to get assignment fees for previous and current loans.  That suit did not go through but from the defendants own defense they had in the brief that only through a "Quiet Title suit" are they required to show assignments.  (page 24 of the scrib document below).

So from that and putting in the defendants own words, she has now brought a "Quiet Title" suit for all the homeowners in the county.

She has all the information in the fact she has a right to bring a Quiet Title suit in the filing.

It is a GREAT read and an easy one to understand.  

Ya Gotta LOVE IT!

She has made the news before about standing up to the MERS fraud and the county losing money. 


  PA-MontgomeryCo ROD v MERS -Memorandum & Order(1)_10 19 2012

I have come to the conclusion I did after reading the whole suit and my understanding of the suit. I encourage everyone to read it and confirm that it is a suit for all homeowners of MERS mortgages and that she had gotten the "idea" to do this from the defendants own filings in another suit.  So she will now force MERS to show who is assigned the mortgages and thus cause them to start paying the transfer fees to the county for the loans.

I personally feel it is a brilliant move on the part of Nancy Becker.  It would be nice if every recorder of deeds in all counties across the United States did the same as her.

Also would it hurt for everyone to send this to their register of deeds person in their county?  

This is the Answer! Everyone Should Do this! This man Got his Property by Filing a Quiet Title - Please Read his Story and DO IT! You can File for Quiet Title TODAY! Get Your Property -FREE AND CLEAR!

Please read the whole story and see how a man (lawyer in Utah) got his property by filing a Quiet Title!  What a GREAT way of doing this!  NOW the banks have to Sue to try and stake some claim, they have to come up with the paperwork to prove actual ownership of the mortgage by MERS!

THIS IS THE WAY TO DO IT!  I ENCOURAGE EVERYONE TO EXPLORE THIS OPTION AND GO TO YOUR COURTHOUSE AND FILE A QUIET TITLE!

Just imagine if everyone does this, there is nothing the MERS banks can do about it!  Of course the banks are calling this a "Travesty of Justice" LOL  I LOVE IT!

This information has to go Viral - PLEASE Pass this information on to EVERYONE With a MERS Mortgage!  

Portions- THIS IS THE ANSWER!

Who’s the beneficiary? » Under the state’s quiet title laws, Keane said he did not have to name MERS or serve it legal papers in the lawsuit because it was not the legal owner of title to the property. Those were title companies. In addition, attorneys contend, MERS cannot be the “beneficiary” or holder of the promissory note because it readily has admitted it has no financial interest in any notes or mortgages.

Normally, a trustee named in a trust deed has a legal duty in Utah to the entity that holds the promissory note and for fair dealing with the homeowner. But in the townhouse case, First American Title filed a response to the quiet title action saying that it had no idea who had the right to collect payments on the promissory note, nor did it admit to knowing any other basic information about the property.

“The fact of the matter is First American Title doesn’t know who the beneficiary of the trust deed is and basically they disavow any interest in it,” Keane said. “It’s an acknowledgement [the recording system on this property is] a fiction, that they don’t have any real interest in it.” 

Garbett Mortgage also told the court it no longer held an interest in the property. Integrated Title never filed a response to the lawsuit but did withdraw as a trustee with the Salt Lake County Recorder’s Office.

“Considering the owner of the property [the title companies who were trustees] failed to dispute the matter, and further considering that the original lender claims no further interest, the court nullified the trust deeds prior to setting any type of trial date,” Keane said.

So in the four months that the process took, the owner was able to gain title and deny the owners of his loan the ability to foreclose on the property for nonpayment. That means the promissory note owned by investors may be worth far less than they paid for it because it is no longer backed by an asset.

Default judgment • Keane said he’s been able to obtain quiet title in the same manner in two other cases. Another attorney, Abraham Bates, said he recently also won a quiet title action in a similar case in Salt Lake County.

In Bates’ case, a couple who owed $417,000 on a house whose value had dropped way below that also sued for quiet title. 

He named the original lender and a title company listed as trustee on the trust deed. Because neither responded to the lawsuit as legally required, the judge granted the couple a default judgment that still must be verified in court, Bates said. 

Bates said under Utah laws, it was not necessary to serve MERS legal papers, as it was not in the Draper townhouse case.

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!

9.09.10 NY MERS NO AUTHORIY DISMISSED

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.