MERS: The Unknown Evil

I say Unknown Evil as MERS is new to the Mortgage industry and claiming ownership during foreclosure and bankruptcy proceedings.



I am currently dealing with MERS, and I just got the Answer to my Complaint from their lawyer here in Hawaii and it states: "MERS affirmatively states that it is the owner and holder of the subject Note and Mortgage."; "MERS denies that the Promissory Note and Mortgage were not given adequate consideration from the Lender to purchase the agreement."; and that "MERS affirmatively states that FREMONT provided consideration for the promissory note."



Last I understood, according to MERS' own handbook, "MERS serves two pruposes. First, it is a national electronic registry for tracking servicing rights and beneficial ownership interest in mortgage loans. Second, MERS acts as Nominee for the servicer and beneficial owner of a mortgage loan in the public land records."



I didn't know that a documentary depository could speak on behalf of and have first hand knowledge of the cosideration and value of a Note. Sounds like heresay to me. Secondly I did not know that they could be holders and owners of a Note and Mortgage. I thought you had to have possession, perfection, and given value and/or consideration. Last I checked MERS did not have that capacity, unless they are secretly the owners of the mortgage and funded the Note and I didn't know about it. Last I checked, the Note was funded by me. Hmmmmmmm?



Its also interesting that MERS is claiming that they are owners of the NOTE and MORTGAGE that I am dealing with by virtue of assignment that was recieved on October 7, 2004 and recorded on October 14, 2004. Hmmmm? I've been dealing with their dishonor since last September and filed my UCC-1, noting my SA that has my documents listed on, last September and specifically noted the MORTGAGE in question with one of the three originals attached to it and claiming the rights to any and all corrosponding originals of the like on September 15, 2004. Sounds like perfection was done by me and not them. Wondering how they can claim ownership when they haven't produced the original, and I have already perfected on all three original copies.



Yet the lawyers for MERS submits a declaration and an account ledger that just has two entries on it indicating that the Account ledger is from Chase and the declaration proports that it is from the LENDER. Hmmmm? Last I checked on the Note it states that Fremont is the Lender.



Regardless of all of the evidence that I have submitted to the Court, they do not look at what I have, but points to the things submitted by MERS. They question my intentions, but not that of MERS. I just submitted a Judicial Misconduct complaint into the case and filed it with the DOJ and Judicial Conference for documentation of malfesense. Well see if this helps the Judge realize that he has a Consitution to uphold and not the colorable law he is operating in his courtroom with. Who knows what will happen. Strange things are happening everyday.



If anyone has any MERS nightmares, please let the rest of us know. They are an animal that appears to operate as a cameleon that changes its colors when they see fit. Even if they are not what they proport to be.

Originally Posted by Ilima

I say Unknown Evil as MERS is new to the Mortgage industry and claiming ownership during foreclosure and bankruptcy proceedings.



I am currently dealing with MERS, and I just got the Answer to my Complaint from their lawyer here in Hawaii and it states: "MERS affirmatively states that it is the owner and holder of the subject Note and Mortgage."; "MERS denies that the Promissory Note and Mortgage were not given adequate consideration from the Lender to purchase the agreement."; and that "MERS affirmatively states that FREMONT provided consideration for the promissory note."



Last I understood, according to MERS' own handbook, "MERS serves two pruposes. First, it is a national electronic registry for tracking servicing rights and beneficial ownership interest in mortgage loans. Second, MERS acts as Nominee for the servicer and beneficial owner of a mortgage loan in the public land records."



I didn't know that a documentary depository could speak on behalf of and have first hand knowledge of the cosideration and value of a Note. Sounds like heresay to me. Secondly I did not know that they could be holders and owners of a Note and Mortgage. I thought you had to have possession, perfection, and given value and/or consideration. Last I checked MERS did not have that capacity, unless they are secretly the owners of the mortgage and funded the Note and I didn't know about it. Last I checked, the Note was funded by me. Hmmmmmmm?



Its also interesting that MERS is claiming that they are owners of the NOTE and MORTGAGE that I am dealing with by virtue of assignment that was recieved on October 7, 2004 and recorded on October 14, 2004. Hmmmm? I've been dealing with their dishonor since last September and filed my UCC-1, noting my SA that has my documents listed on, last September and specifically noted the MORTGAGE in question with one of the three originals attached to it and claiming the rights to any and all corrosponding originals of the like on September 15, 2004. Sounds like perfection was done by me and not them. Wondering how they can claim ownership when they haven't produced the original, and I have already perfected on all three original copies.



Yet the lawyers for MERS submits a declaration and an account ledger that just has two entries on it indicating that the Account ledger is from Chase and the declaration proports that it is from the LENDER. Hmmmm? Last I checked on the Note it states that Fremont is the Lender.



Regardless of all of the evidence that I have submitted to the Court, they do not look at what I have, but points to the things submitted by MERS. They question my intentions, but not that of MERS. I just submitted a Judicial Misconduct complaint into the case and filed it with the DOJ and Judicial Conference for documentation of malfesense. Well see if this helps the Judge realize that he has a Consitution to uphold and not the colorable law he is operating in his courtroom with. Who knows what will happen. Strange things are happening everyday.



If anyone has any MERS nightmares, please let the rest of us know. They are an animal that appears to operate as a cameleon that changes its colors when they see fit. Even if they are not what they proport to be.

THIS IS INTERESTING. AFTER A CLOSE INSPECTION AND REVIEW OF MY MORTGAGE DOCUMENTS I NOTICED THE FOOTER AT THE BOTTOM OF THE DEED OF TRUST THAT SAYS "FANNIE MAE/FREDDIE MAC UNIFORM INSTRUMENT WITH MERS".



ALSO, THERE'S A CLAUSE THAT READS: "MERS IS A SEPARATE CORPORATION THAT IS ACTING SOLELY AS A NOMINEE FOR LENDER AND LENDER'S SUCCESSORS AND ASSIGNS. here.......BLAH....BLAH...



WOW, I THOUGHT I WAS JUST DEALING WITH THE LOAN ORIGINATOR AND NOW THE LOAN SERVICER. THIS IS WEIRD SH***T. WHY ARE THEY CALLING THEMSELVES AN ELECTRONIC MORTGAGE REGISTRATION SYSTEM?

[wirlwind]

Anything to do with the law seems to have chameleon-like qualities. The law is changed (it is almost a living thing) to fit any situation, as long as the big guys win it. Kind of gives you a helpless feeling. That is why I say that we live in a lawless society. The "laws" can be changed at will in the courtrooms anytime that they want to. Sounds like they put a "chameleon clause" in that contract.

this IS interesting. two years ago when i did some research on some public officials(judges,sheriffs) i found out that most of them in georgia have their mortgages done by mers. who are they? who is mers. this stuff IS weird.

You read about MERS here:



http://www.mersinc.org/

MERS was created in conjunction with Freddie Mac, Fannie Mae and the American Banker's Association. They are also having trouble in New York as the Attorney General has filed a complaint against MERS as they don't follow NY's Property Laws by filing assignments with their property registration division. MERS got a restraining order and files mortgages but they can not file assignments and transfers. As the AG deems that they don't have the authority as they have no legal equitable intrest in the note or mortgage.

llima,



Do you know what NY court the AG filed in? I would like to track this down and read this stuff. You should be extremely interested in it as well.



-squirrels

[chuckhs12]

I have found a web page that gives a good overview of MERS here



The question I have is I looked at my recorded "DEED OF TRUST" and there is no witness, just a notary sheet at the end of the document. Does this consitute a witness? Does there need to be a signature on the witness line for the "DEED"? I have copies of my "Promissory Note and Deed of Trust" with no signatures and they have not sent me any. Does this mean anything?



any thoughts and/or coments is greatly appreciated.



Thanks,

Chuck.