Assignment Fraud and MERS

THE FIGHT IS ON!

Everyone in the country is watching. They say that MERS holds the records for 60% of all the country's mortgages. And Texas seems to be blazing the trail! Can MERS continue to circumvent the law of every State in the Union, and get away with it? Bank of America, MERS Lose Bid to Dismiss Fee Suit... Under Texas law, there is no duty to record assignments, or other documents, lawyers for MERS and Bank of America said in court papers March 9. The Texas Property Code, which contains various statutes concerning recording interests in land, allows parties to record interests in land to protect their interests but does not require that any recording occur, the defendants said in the filing. The counties have suffered no injury -- and thus lack standing -- from nonpayment of recording fees for documents that were never recorded.
see http://www.businessweek.com/news/2012-05-23/bank-of-america-mers-lose-bid-to-

dismiss-texas-fee-suit Its not just Dallas see http://4closurefraud.org/2012/05/25/dallas-county-v-merscorp-inc-bank-of-americamers-lose-bid-to-dismiss-texas-fee-suit/

This is all about the fraud... The fraud they created in your land records.

"Assignment Fraud"
- This document is not a substitute for the advice of an attorney Copyright 2012

MERS chooses their attorneys very carefully. These specially selected attorneys have no problem twisting the truth, miss-quoting the law or just making things up as they go.

Actual Texas law reads just a little bit different than what MERS would have you to believe

RECORDING IN THE COUNTY

MAY

What They May Do

TEXAS PROPERTY CODE TITLE 3. PUBLIC RECORDS CHAPTER 11. PROVISIONS GENERALLY APPLICABLE TO PUBLIC RECORDS 11.001. PLACE OF RECORDING. (a) To be effectively recorded, an instrument relating to real property must be eligible for recording and must be recorded in the county in which a part of the property is located. CHAPTER 12. RECORDING OF INSTRUMENTS 12.001. INSTRUMENTS CONCERNING PROPERTY. (a) An instrument concerning real or personal property may be recorded if it has been acknowledged, sworn to with a proper jurat, or proved according to law. CHAPTER 13. EFFECTS OF RECORDING 13.001. VALIDITY OF UNRECORDED INSTRUMENT. (a) A conveyance of real property or an interest in real property or a mortgage or deed of trust is void as to a creditor or to a subsequent purchaser for a valuable consideration without notice unless the instrument has been acknowledged, sworn to, or proved and filed for record as required by law.
Copyright 2012

SHALL What They Shall Do

MUST What They Must Do

It's Called Bifurcation

to file in public records does not render the the Negotiable Instrument invalid. The failure to file establishes bifurcation of the Security Instrument from the Negotiable Instrument, and renders the Security Instrument a nullity. The assignment of the mortgage, without an assignment of the debt, is a nullity. The note and mortgage are inseparable; the former as essential, the latter as an incident. An assignment of the note carries the mortgage with it, while an assignment of the latter alone is a nullity." Van Burkleo v. Southwestern, Tex. Civ. App., 39 S.W. 1085, 1087; Sheldon v. Sill, 49 U.S. 441 (1850) 49 U.S. 441: The assignment of the mortgage, without an assignment of the debt, is a nullity. See Kirby v. Williams, 230 F.2d 330 (United States Court of Appeals Fifth Circuit) February 10, 1956 Once there is nullity of the Security Instrument it can never be regained as the Negotiable Instrument has been rendered to be an "Unsecured Indebtedness. The link between the Negotiable Instrument and the Security Instrument can be proved up by following the Uniform Commercial Code or the states equal by showing the properly filed chain of Endorsements. This might possibly prove "Holder/Holder In Due Course" status, and if such is proved up then possibly there is a method to achieve a legal collection action of a money judgment but the right to trigger a foreclosure contained within the Security Instrument is out of reach. Inevitably, in all of MERS actions, the venerable maxim nemo dat quod non habet, i.e., one cannot give what one does not have, must come into play. See Mitchell v. Hawley, 83 U.S. 544, 550 (1872); Chase v. Sanborn, 5 F. Cas. 521, 523 (Clifford, Circuit Justice, C.C.D.N.H. 1874) (No. 2,628). The best you can get if there is bifurcation of the Security Instrument from the Negotiable Instrument is a money judgment, you cannot foreclose....
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Do you have MERS involved in your case? Want to know what your chances are if you stand up against them and fight?
Copyright 2012

According to CNN people who fight their foreclosures are staying in their houses for years
http://money.cnn.com/2011/12/28/real_estate/foreclosure/index.htm

You need to read about this Texas VICTORY...

Missouri VICTORY...
Robert Bellistri v. OCWEN Loan Servicing
http://www.msfraud.org/LAW/Lounge/bellistivOcwen-Bifurcation-unsecuredcomments.pdf

Oregon VICTORY...
Rebecca Niday v. GMAC Mortgage
http://livinglies.wordpress.com/2012/07/18/oregon-supreme-court-only-the-real-creditorcan-foreclose-non-judicially/ http://livinglies.files.wordpress.com/2012/07/niday-vs-gmac-et-al1.pdf _____________________________________________________________ _____________________________________________________________

Other related postings here on Scribd

Assignment Fraud
http://www.scribd.com/doc/18775420/Assignment-Fraud

Assignment Fraud Example

Texas Quiet Title

Texas Government Code 51.903

MERS Litigation Example

Survival how to
http://www.scribd.com/doc/26860891/Survival-How-To

Copies and the Affidavit Trap

FDCPA Fraud
http://www.scribd.com/doc/30626451/FDCPA-Fraud

FDCPA Litigation Example

This is a MUST READ

ROBO-SIGNER
of all time...
From the St. Petersburg Times
Copyright 2012

http://www.tampabay.com/news/business/realestate/article997375.ece And http://www.tampabay.com/news/business/realestate/when-bryan-j-bly-became-nb-did-he-knowwhat-he-was-signing/1103508

Don't understand the game they're playing?

In Trouble? Need help? Don't know where to begin?

How to Fight Mortgage Foreclosure and Keep Your House!

Tell 'em you heard it from Jeff

If you are an Investor, Attorney, or Pro Se, a homeowner, a real estate investor; if you are about to buy a home or have recently been foreclosed on or about to be; if you are a county official dealing with budget issues or involved with land records; if you want to know more about one of the biggest secrets in modern history, a major contributing reason for the current state of our countrys economy, - - This data, our personal one on one help and all the facts and examples are available for the price of a donation.
Copyright 2012

We update regularly and include cases with pleadings, oral arguments and transcripts as well as hard to get data, facts and examples. We are all too well aware of the current state of the economy, and more importantly, we understand where you are financially. Our help, these facts, illustrations and examples are available for the price of a donation. To promote our works and continue to help others. We simply ask that you remember us when you have finally stopped them from taking your home. An honor system of sorts, pay us what you think its worth. With your consent, we will add your case success story for others to follow. We feel that everybody needs to know the facts to be able to make informed and educated decisions concerning their homes. Please feel free to contact us for help. Our expertise is in the examination and evaluation of mortgage loans. Moreover, we will expose the fraud in any case. We have a huge database that can supply any needs. We will work with you or your attorney of choice to help to make your case a success. The data collected from the mortgage company can and will be used detrimentally against them in your defense. This is the way towards a winning plan! Allen Carlton [email protected] Jeff Wilner [email protected] later This document is not a substitute for the advice of an attorney -

About: Stop Foreclosure by showing fraud in the Land Records. Fight Foreclosure Fraud. Assignment Fraud in the Land Records. Mortgage Servicing Fraud becomes Wrongful Foreclosure - AAA Foreclosure Fraud. Texas rules of civil procedure rule 735 and rule 736 expedited foreclosure. Explained in easy terms includes examples and cases to follow. Separation of note and mortgage - bifurcation. Bryan Bly, Crystal Moore, Bobbie Jo Stoldt and many others. Nationwide Title Clearing. Florida Notary Public rules. Multi-hat wearing dummies. Vice President of two different mortgage lenders at the same time, and two months later, Vice President of yet another company, and on and on. MERS for dummies. Learn how to sever the collateral link. Business records affidavits and how to destroy them. Clouded titles. Power of attorney and their significance. Land records recordations and their importance. Broken chains of assignments and there importance in a court of law. The importance of jurisdiction and standing explained. TILA and RESPA violations are a long and drawn out battle. Specific laws with charts and graphs. Our system takes them out by the ankles. Standing or lack there of is the answer. We show you how. Wrongful Foreclosure, foreclosure scams, Land Records Fraud, Indenture fraud, it's all just another fraud. Notary Fraud is a big problem. Judicial and non judicial foreclosures and how they work. Assignment Fraud is national and rampant! Business record affidavits and what they mean. Mortgage Servicing Fraud, Clouded title, Bogus Assignments, broken chain of assignments, securities fraud, deceptive practices, Separation of note and mortgage, Bogus business records, investment fraud, Bank Fraud, TILA violations, RESPA violations, FDCPA violations, bificuration. Learn how to sever the collateral link. ... common fraud schemes - Assignment as an instrument of fraud - fair debt collection and practices act - truth in lending act - Fannie Mae - Freddie Mac. Explained in easy terms includes examples and cases to follow. ... produce the note - breach of contract - standing - jurisdiction.

Mers for dummies. ... Texas rules of civil procedure rule 735 and rule 736 expedited foreclosure. Business records affidavits and how to destroy them. ... stop foreclosure - Power of attorney - promissory note assignment - pooling and servicing agreement - Prospectus supplement - Bogus power of attorney. ... Deed of Trust - quiet title - Bailee letter - Securitization - chain of title - trustee - Notice of Assignment - Assignment of Mortgage. Power of attorney and it's significance. ... Stop Foreclosure - custodian - alleged fraud in the assignment - mortgage electronic registration systems. TILA and RESPA violations create a long and drawn out battle. Specific laws with charts and graphs. Our system takes them out by the ankles. Standing or lack there of is the answer. "Your Honor, the people I signed with are not here, nor are they being represented here."

Copyright 2012