Ding Dong MERS is Dead, the wicked MERS is Dead….

by Martin Macisso

The private company who claims to be a “Nominee” for over 60 million mortgages in America has been leveled by 2 recent Supreme Court Decisions who cited in their orders, that MERS has no agency status as a Nominee.

Please see:

http://livinglies.wordpress.com/2009/09/30/arkansas-supreme-court-denies-mers-legal-standing/

The laymen terms for this: “MERS is a strawman, a legal fiction, and cannot foreclose and/or transfer the a Promissory Note and/or mortgage from one company to the other.

The legal ramifications to these decisions are staggering to the Corporatocracy that runs our world, and the dictatorial manner in which Wall Street bankers have run this country into the ground.

If you are in foreclosure or about to default, please consult with a Housing Counselor or attorney who can cite from these cases and include them in your defense!

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2 Responses

  1. Could you expand more about what these two Supreme Court rulings mean to a few things; 1) it seems obvious MERS will not try to foreclose 2) what about foreclosure suits where MER was used to transfer the securtized loans 3) What about foreclosures where MERS is a Defendant with the borrower on the loan

    • MERS is merely an electronic tracking system for Promissory Notes traded in secrecy, your Note has probably changed hands hundreds of times, however, when you check your county registry you will see only a land record assignment (a legal assignment of mortgage) just before or after you foreclosure has been initiated. This is very unlawful according to the laws and Rules of Civil Procedure in most states. UCC law states that the only way a Promissory Note can change hands is through lawful negotiation, the note must be endorsed, and transfered physically along with the mortgage. The way MERS purports to transfer Notes through subsequent unauthorized assignments is being struck down as ludicrous logic by Supreme Court Judges.

      Regarding the two recent cases, the Supreme Courts have ruled that MERS has no agency status as a Nominee. This means, because MERS never extends credit or ever acts as a lender in any capacity, they cannot have any interest in mortgage, foreclosure or assignment process simply because they claim, without any Power of Attorney, to be Nominee of another Lender.

      Challenge anything with MERS, because if you follow the local rules of procedure and cite the proper cases, you will make the Court see that the assignments were Void ab inito, and likely find FRAUD all over the foreclosure file.

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