Breaking the Bank News: Millions of Fraudulent Mortgages

[Believe]

Scurbdog and AzGryffindor, I think that's just case in point of why MERS, the owner of the loan, and the loan servicer don't have any right to foreclose. But, this MERS debate has been going on for years, and Moe has written some excellent articles about it on loanworkout.org. There have also been many interesting comments posted to his articles by people "in the know". I think, however, this is the only time a state Supreme Court has ruled this way. Moe, if you're here, would you explain the significance of this Kansas ruling? Isn't this more of the same old MERS debate?

[Moe Bedard]

I am working on it, stay tuned.

[caldwellb02]

Thank you, Moe. Thank you. Even though my loan isn't on the list, if it could help a bunch of folks that would be fabulous.

[Believe]

Originally Posted by Moe Bedard

I am working on it, stay tuned.

You gotta love a guy who can wink with 2,500 people breathing down his neck.

[ama125]

Both of mine are on MERS. Still confused as to what this all means (or has the potential to mean)... if I am reading this right, this has to do with who holds the note, right?

[ohhhdear]

Originally Posted by ama125

Both of mine are on MERS. Still confused as to what this all means (or has the potential to mean)... if I am reading this right, this has to do with who holds the note, right?

Mine is not on Mers? But, the lender on my note is out of business.

I wish I knew what this means, too...

[montana59451]

OK guess I am confused too. My loan is in the MERS database and it also says that BAC is my servicer. What does this mean to me? Does the MERS thing apply to me or why am I on there? Countrywide was our mortgage company (and I thought servicer prior to B of A taking over). What is the potential implication for me in MT?

[minknmelissa]

Thats pretty exciting for some, I don't know how you have your mind on all these different things but God Bless you. Mine is there but it is inactive i think its from before i refied so i don't think its going to help me.

[joanne]

Mink - I don't think that's a show stopper. Mine shows as inactive too. But, I don't think that this is exclusively MERS. They just set the precedent.

My loan note (according to CW site) is owned by Cambridge Capital. BOA would have a very hard time producing a note that says they hold the mortgage.

[montana59451]

Just checked my loan docs and it says that my LENDER is America's Wholesale Lender (which is Countrywide), my loan is listed in MERS as active with BAC as the servicer. My loan is also listed as a Fannie Mae loan. How can I tell if my loan was securitized, sold, whatever, and who has all the pieces? I don't understand this MERS thing and it's implications. Now that B of A owns CW does that mean B of A owns my note or who are they servicing it for?

[Moe Bedard]

Exactly Joanne. Doesn't matter if your mortgage is MERS or not. It sets precedent as do ALL these other cases I have shown as to that FACT that the Missing Note defense is not a theory, but an actual defense.

The point I have been trying to make is by showing you several cases where this has been used successfully and remarks from the Honorable judges of our supreme court like this say it all, "It is troubling that the plaintiff has filed this case before it had any interest in it,” Hamilton County Common Pleas Judge Steven E. Martin said in a letter to Wells Fargo’s lawyer.

I guess the saying is true, you can lead a horse to water, but you can't make them drink it.

What I see here is that I provided water for about 1-2 million homeowners that can drink it if they like. But it will take effort, organization, research and planning to drink that water that is right in front of your nose.

You can deny that it is not water and keep marching through the Foreclosure desert looking for the mirage our government and bank have so nicely set up for you or you can drink the fresh mountain spring water right here.

But again it takes work, deep thought and more than just looking up a loan number.

Who here is willing to do that to protect their property rights and fight against these banksters that knew EXACTLY what they were doing and now you are left to suffer in there toxic loan in a underwater home>

But hey, I hear Obama, Geinthner and the banks have set up a life raft for you all. Yeah, it's right there is the desert, just keep walking.

Politician and Banker speaking to you through their media puppets: "No it's not a mirage, trust me,. I'm a politician and my buddies are bankers, sure yeah, just keep walking.....no, keep going, I thought the mirage was right there, but you just need to keep walking. No, there is no map. Don't mind those 2 million dead people you just walked over, just keep walking."

"This own the note stuff is BS. Moe don't know anything and hell, it takes times, work and brains to use this non-sense, right? Those supreme court judges are just soooooo crazy. Can you believe they actually want us to prove we own your home to foreclose on you? And that Senator Kaptur just needs to retire. Can you believe she said to produce the note and she knows property rights and all that rhetoric? You're almost there, but you made a wrong turn, go back 1,000 miles and make a left, not a right."

"Yeah, back to those judges, Senator and crazy blogger Moe, crazy fools huh? Those guys think they know the law and how to fight back."

The phone rings, it is you calling them. "Have you heard of this produce the note thing. That don't work, You don't want to do that do you? Look at that fool in Ohio that stayed in his home payment free for 11 years.

That man must have been loony, huh? Just keep walking, you're almost there and you ALL walk.....

MOE: Sometimes I am amazed at the gullibility of the American people. The propaganda is working perfectly. It is very powerful.

I don't blame no one for not fighting back. I am by no way cutting anyone down. You are all up against incredible odds and a system that has indocrinated you since you were born to think this way.

Continue on to the Obama MHA Mirage........

[joanne]

I'm in. I've been sifting through all that you have provided on this subject and looking for more info as well.

I'll do whatever needs doing!

[dan m]

i'll say it. class action. i guess i'll go check mine

[Moe Bedard]

Yes.

I am thinking we can organize a class and choose a lawyer who is willing to take this case at a reduced fee based on the fact that WE ALL pitch in in the investigation. I am talking about the biggest class action in American history.

We make sure that the lawyers DO NOT GET FAT.

Imagine 100,000 homeowners fighting back and refusing to leave their homes. 100,000 multiplied by an average of $150,000 per mortgage is $1,500,000,000

$1.5 BILLION IN POTENTIAL LOSES!

Do you think that you all would have bargaining power then?

[dan m]

this is what mers is has on their site

FORECLOSURES

Mortgage Electronic Registration Systems, Inc. (“MERS”) is a proper party that can lawfully foreclose as the mortgagee and note-holder of a mortgage loan. MERS Membership Rule 8 provides required guidelines that must be followed when MERS is the foreclosing entity. Please click here to access the Rules of Membership, and reference the Rule 8 requirements.

In mortgage foreclosure cases, the plaintiff has standing as the holder of the note and the mortgage. When MERS forecloses, MERS is the mortgagee and it is the holder of the note because a MERS officer will be in possession of the original note endorsed in blank, which makes MERS a holder of the bearer paper. MERS will not foreclose unless the note is endorsed in blank and held by MERS.


The MERS Legal Primer provides a sampling of cases that address the standing of MERS to foreclose its mortgages. These cases are not meant to be an exhaustive list involving MERS but are merely to serve as a primer for the legal arguments.

ya i think a firm is needed that wants to be famous.
more info from them /who they want to join the class

big A little a bouncing b...

[nativelasvegan]

I'm in. Maybe we can interview the attorneys who are interested in taking the case. Since we are a little cash poor right now, maybe they will take it on a modest contingency basis. It might be a good idea to prepare for this before we start contacting attorneys. A head count would be in order to see how many people would be willing to do this. We all have knowledge about this process and I have no doubt can play an important role in the litigation process.
I like those numbers Moe. I'm definitely for the class action. Just let me know what I can do.

[Moe Bedard]

I have decided to take this up on my own and anyone who wantsto join will be in on the class. If anyone wantsto join me in a class action lawsuit under Qui Tam (whistle blower) then please let me know here like Joanne, Dan m and Native from Vegas has.

It will require work, research and a private forum for the members that wish to join in. I have so much more research, proof and ammo than I provide here. We can file a lawsuit in Federal Court in 2-3 weeks if we work hard in unison.

Private forum, project planners, researchers etc all working in unison to duplicate what a large law firm would do anyways. And who is going to fight harder than you all?

Take that energy you WASTE in trying to work with your lender and channel it into really doing something that can help you and possible millions of other Americans. You will live payment free most likely until the case is settled....

I could do this, I don't need a big law firm or homeowners to go to court by themselves. I will file a $ trillion dollar lawsuit on behalf of the people and government against the banks.

Lawyers suck. I have had many and have seen many work. They are so over rated and any American who is willing to do work and research themselves can win these banks.

The judges are waiting for patriots to bring these cases to them so they can help Main Street.

Please let me know who would like to join us.

[Believe]

YES, MOE, WE HAVE THE POWER! Not only will we work for free, but we have had extensive training and experience with this process over the past couple of years. We're also pretty tenacious about coming up with money to pay the bills. And the banksters have beat us down to the point that we feel there's nothing to lose. There's no stopping us now. I'M IN! Let's get this party started! And I just got the news I've been waiting for - MOE WILL TAKE THIS ON HIMSELF!

[BobandArlyn]

You know if each MEMBER could spare to donate $1 to legal fund, it would make a nice retainer.

[nativelasvegan]

Originally Posted by BobandArlyn

You know if each MEMBER could spare to donate $1 to legal fund, it would make a nice retainer.

BobandAryln. Great idea. I can come up with at least $20.

[MaMel]

I've been so waiting for enough of us homeowners to gather in number and strength and push for a class action! Big and loud and strong; lets do it! I'm in, for whatever I can contribute! I've also got a sister who is just sickened by what is happening, and I know she'd help, too. We've been setting aside our mortgage payment money each month that WF messes with our lawsuit, it's in the bank, but not after today. I'll leave enough in our account to pay our bills, but the bulk is coming home and put in a safe, where I can watch over it. No more bankateers messing with my $$$$$!

Let's go, Moe; we're fired-up, fed-up, and ready to roll!

[ama125]

Would this only apply if the servicer is pursuing foreclosure? What if you are approved and have accepted a modification but your note is listed on MERS? What would the claim be for those parties, if any? I see this "produce the note" as a foreclosure defense. What if one no longer needs the defense since they got a modification? Could we still assist in some way? I have not yet gotten a mod, but if I do get one that allows me to keep my home, then I will likely take it.

My other question is regarding second mortgages. I posted an article regarding seconds mortgages and how the servicers are, for the most part, unwilling to extinguish or write them down. If they don't modify seconds and the payment is still unaffordable despite a mod on the primary mortgage, can the second lien holder pursue foreclosure? And if so, I am assuming that those cases could be included in a class action law suit in regards to MERS.

I have two mortgages and both are serviced by BofA. The lender on the first is Fannie Mae, and on the second is BofA. Both loans were taken out originally with the builder's mortgage company, NVR, and then sold to CW. We refied the second with CW. When I pull up the loan documents online, the note on the first still reads NVR and the note on the second reads CW. Both show up in MERS with BAC Home Loans (BofA) as servicer. Does this mean MERS is the "note holder" and in turn that BofA could not actually claim ownership?

Sorry for all the questions...just trying to educate myself and understand what this all means. Thanks!

[dan m]

i'd love to burn the banks. not sure if i have legal standing if thats what its called but f em. side note. did you know most of these banks have a "matrix"
that allows you to overdraft your account. debit/charge it's $35 a pop. after being on the phone for a hour with bank of the west i finally talked them into turning that feature off. also got them to fully credit my account with the deposit amount the same day.

[ohhhdear]

Originally Posted by ama125

Would this only apply if the servicer is pursuing foreclosure? What if you are approved and have accepted a modification but your note is listed on MERS? What would the claim be for those parties, if any? I see this "produce the note" as a foreclosure defense. What if one no longer needs the defense since they got a modification? ..............

I don't know, but wondering if we can try to just "cancel the note" ?

[joanne]

I think we need to move this discussion to a private forum.