first tuesday case in point: Know thine enemy – an analysis of MERS
loading...
loading...
The highly contentious Mortgage Electronic Registration System (MERS) has made numerous courtroom appearances since its inception, the question for homeowners being: does MERS have the authority to initiate foreclosure? We explore the answer through the lens of the recent case decision, In re Cedano.
Facts: A homeowner took out a home loan, executing a promissory note secured by a trust deed naming Mortgage Electronic Registration Systems (MERS) as the named beneficiary. The loan was sold on the secondary mortgage market and MERS substituted trustees when the homeowner went into default. The home was later sold by the substitute trustee at a trustee’s sale.
End of free preview
The rest of this content is only available to first tuesday Members. If you are a current first tuesday Member, please login above.
Not a current Member? For only $29.50, our Annual Membership includes access to:
- the first tuesday journal;
- over 350 first tuesday real estate forms;
- over 35 FARM letters; and
- a 16-book reference library and more!
To sign up, visit firsttuesday.us!
loading...
loading...



The bottom line seems to me should be did you, homeowner, pay the debt you agreed to pay or not… All the rest is looking for a loophole and something for nothing.
loading...
And the beat goes on-powerful big banks can get away with anything.Good informative article.
loading...
Please refer to the Rules & Regulations of Mers…this document states in MERS own words that it cannot do what it is currently doing. Smart attorneys will add this as an exhibit into their complaints.
Yes…there is a debt hanging out there…but it does not belong to the bank. They were paid off at the time the loan was originated. How hard is it to understand that someone such as a pension fund, college fund or your grandmothers retirement is the only beneficiary to foreclose….but they are not aware you are in default because the banks aka the servicer of your loan has no financial interest or loss if you home is foreclosed on. Only the true beneficiary is the loser but they are not given the opportunity to work with these homeowner to work out a modification to everyone best interest. WHY…because the Servicers will benefit greatly by foreclosing on the home. They make loads of money off of other peoples lose.
When a home is foreclosed on the lose is felt by the homeowner, some unnamed beneficiary, the county tax collector, the neighbors, local government lose of case flow……the only one WHO DOES NOT LOSE is the BANKS………Wake up and get informed!
loading...
The moral of the story is: If you are a homeowner and you take a mortgage wirh MERS or any other lender, do not default, or your house will be foreclosed (as you agreed when you took on the loan)!
loading...
The manipulators of our economy and investment markets, the insiders of the Cabal, which continues to hold sway in the halls of power, are bent on defrauding you of every single penny you have in one way or another, be it junk fees on mortgages, fabricated derivatives, or company stock backed by fabricated accounting and fraud. Until those parasites are finally removed from controlling the markets (including LIBOR) and manipulating commodities and precious metals prices, we will have more of a decline.
The good news is that significant behind-the-scenes investigations on high levels will continue to expose and prosecute the perpetrators of the financial crimes and fraud.
So, eventually, the system can be corrected to serve the many and not just the few.
The LIBOR scandal is huge, it is monumental, and it is not going away as long as the American public and the British public realize the magnitude and implications of what was done. LIBOR can be the catalyst to uncovering many more rats under the woodpile.
Have you noticed how many huge sumptuous estates are now for sale in the North East? Not-so-honest Wall Street bankers and brokers seem to be taking “extended vacations” out of the country lately and putting their mansions up for sale. Hmmm……
loading...
good article. does the public have the same access to
mers as they would have to the county recorder records? Due process and fair notice? 14th amendment?
loading...
Cause and effect: Wall Street Bankers authorized to police themselves. Deregulate banking? Thank You Bill. Proper paper trails ? NIMBY per Bankers. LIBOR scandal samo samo! Step back to former regs, Why not? Nothing better has come out of Congress or White House. It was formerly for THE People and now it is for Self, Party and Excessive GREED. The problems submitted in your article reflect this discourse in part.
The Media has not helped. Once upon a time there was unbiased more fair reporting. There were true investigative reporters who would seek out these scams on the public and disclose them. Today we have Media Moguls who control the information passed on by reporters and manipulate the output.
For whom? Thats right you already know!!
loading...