And Here's Another One: Georgia
The Market Ticker ® - Commentary on The Capital Markets
Posted 2010-10-25 09:26
by Karl Denninger
in Foreclosuregate
Ignore this thread
And Here's Another One: Georgia
 

These are getting rather, well, numerous.  Kinda like rabbits...

The claims here are familiar - MERS has no standing because MERS has no ownership interest.  As a nominee MERS has no power beyond that of the underlying entity it serves as an agent of, and that agent must be identified and prove up it's interest.

This is pretty black-letter stuff, and people are starting to figure it out.

Plaintiff shows herein that MERS' foreclosure on Plaintiff's property was not valid and was wrongful, as are those foreclosures by MERS on the property in the State of Georgia of all similarly situated persons to the Plaintiff wherein MERS sent the notice of foreclosure to the debtor and wherein MERS purports to have exercised the power of sale and auctioned the property. MERS does not have the authorized power to send a valid notice of foreclosure within the State of Georgia for those deeds where it is "solely a nominee" and does not have the authority or power under Georgia law to foreclose on a property or engage in an auction of sale on such property where is is "solely a nominee" on such deeds.

As a result of such unifonn, wrongful conduct by MERS, the Court must, inter alia: I) invalidate the foreclosure sale, 2) order as void the Foreclosure Deed (or Deed Under Power); and/or 3) restore equitable or legal title, if possible, as it existed just prior to the foreclosure sale and award compensation for any damages suffered as a result of MERS' actions. Alternatively, the Court should impose a constructive trust over the proceeds from, or the value of the property as determined by, any such foreclosure auction.

It's about damn time.

 

Dustin Rollins v Mers Class Action Suit
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User Info And Here's Another One: Georgia in forum [Market-Ticker]
Dashingdwl
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Bank of America finds foreclosure mistakes: report


On Monday October 25, 2010, 1:04 am EDT
(Reuters) - Bank of America Corp (NYSE:BAC - News) acknowledged some mistakes in foreclosure files as it begins to resubmit documents in 102,000 cases, the Wall Street Journal said.

The bank found errors in 10 to 25 out of the first several hundred foreclosure it examined starting last Monday, the newspaper said.

The problems included improper paperwork, lack of signatures and missing files, as well as cases in which information about the property and payment history being unmatched, the Journal said.

The bank told the newspaper that some of the defects seem relatively minor, and the bank has not found any evidence of wrongful foreclosures.

The bank found the errors while preparing less than 1 percent of the first foreclosure files that it intends to resubmit to the courts in 23 states, the Journal said.

http://finance.yahoo.com/news/Bank-of-Am....

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Meltdown
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I call BULL****!

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Tesla
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State of Disbelief
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Not being a lawyer or playing one on TV, I'm a bit unsure about something.

When you submit documents to a court, isn't it fraud if they are incorrect ? For EVERY document submitted, do you have to attest that it is correct and you have personal knowledge of it ? Or just some documents ?

In the situation where BofA admits that property and payment info are incorrect, is that an allowable error or were they attested to and notarized ?

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Genesis
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Yes, it is fraud.

Now show me someone willing to prosecute it.

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I don't care if it makes sense -- only if it makes money. -- Me
Bank (n): See scam, fraud and theft. Eat a bankster -- they're low-carb.
What part of "shall not be infringed" was unclear?
N9lhm
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Karl, did you ever get any replies on your request for faxes of complete/correct foreclosure paperwork that you solicited? Inquiring minds want to know :)
Genesis
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Not one.

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I don't care if it makes sense -- only if it makes money. -- Me
Bank (n): See scam, fraud and theft. Eat a bankster -- they're low-carb.
What part of "shall not be infringed" was unclear?

Flyanddive
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My question is what happens to a person who bought a REO home and the previous owner falls under this category.

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Thetemplateblog
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And I am still paying my morgage because?

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Snowman
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I am just waiting for Tavakoli's nuclear bomb on this whole ordeal. She has made some comments, she must have many detailed skeletons lurking around. but maybe it is all about timing....Some more "Georgia's".
Genesis
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If you want my guess she's consulting with someone who is putting together some sort of massive legal action, and is going to wind up on someone's witness list.

If you're looking in the wrong direction when that happens your retinas will be instantly destroyed - her name appearing on any of these suits would mean instant death to the entire banking complex.

I hope she's armed and has good security.

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I don't care if it makes sense -- only if it makes money. -- Me
Bank (n): See scam, fraud and theft. Eat a bankster -- they're low-carb.
What part of "shall not be infringed" was unclear?
Glassman1313
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pittsburgh
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So what should I do, 50% equity, MERS allover the deed, note sold 3 times in 8 yrs, current on pymts.,relatively stable re mrkt.... western pa., interest of 6% wanting to refi.??? Called local attorney and they are pretty much clueless to whats happening nation wide, I know way more than they do.But he did admit to getting a couple questions about mer's...... Anyone????????? I want to fight these bastages.
Markpmc
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Okay I admit it I didn't search.

I live in Alabama a non-judicial state. Does this apply as well? Is there some 'admin type' that we just be shinning a light on as they continue to approve this crap.

Mark
Genesis
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The problem with non-judicial states is that getting STANDING in front of a court to blow the door off this thing is a LOT harder.

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I don't care if it makes sense -- only if it makes money. -- Me
Bank (n): See scam, fraud and theft. Eat a bankster -- they're low-carb.
What part of "shall not be infringed" was unclear?
Sangell
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This is pretty big deal. Fulton county is Atlanta no? This isn't like that Kentucky county judge, no offense to him or Kentucky, this a ruling in a major US metropolitan area that is HQ to the 5th largest US bank SunTrust.
Genesis
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It's a suit at this point, not a ruling.

But yes, if this actually goes, it's huge.

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I don't care if it makes sense -- only if it makes money. -- Me
Bank (n): See scam, fraud and theft. Eat a bankster -- they're low-carb.
What part of "shall not be infringed" was unclear?
Markpmc
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Quote:

The problem with non-judicial states is that getting STANDING in front of a court to blow the door off this thing is a LOT harder.


Gen - I wasn't thinking about the court system, I was wondering if the 'admin foreclosure' documents could be audited and if found to error prone w/ assignments then some intelligent questions could be posed publicly. I understand the 'standing' issue, but I also know that 'public pressure' does count for something.

Mark
Genesis
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Yes.

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I don't care if it makes sense -- only if it makes money. -- Me
Bank (n): See scam, fraud and theft. Eat a bankster -- they're low-carb.
What part of "shall not be infringed" was unclear?
Mannfm11
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A constructive contract is a remedy to constructive fraud. I believe constructive fraud isn't a claim it originated in fraud, but rests in it.

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End_the_bubbles
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Quote:
These are getting rather, well, numerous. Kinda like rabbits...


More like cockroaches!

First small, then larger -
smiley
smiley


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Maverick2112
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I bet a great real estate lawyer will be in big demand in the next few years. I talked to 2 lawyers and they know way less than I do. I told both of them to start educating themselves with the ticker.................I gave them the web addy.............
Mikek31
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Of course it's fraud. If you think this is just a bunch of mistakes, you're either lying or you need to seriously check your headgear because you're being deluded by the MSM.

To prove fraud, you have to show either intent to deliberately conceal a material fact or recklessly make a false statement of fact, without knowing whether it is true or false. The former is a bit harder to prove, but the latter is bolded because IT HAS ALREADY BEEN PROVEN NUMEROUS TIMES IN SWORN TESTIMONY!

Additionally, this is vicarious liability on the part of any one of these corporations who used "robo-signers" that admitted this was company policy through depositions.

These bastards need to be taken down...

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Intentional manipulation of markets is usually thought of as a crime, not a benefit, and should lead to indictments, not praise. -Karl
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