"You are consenting"

should be changed to "we are consenting"

And yet Obama's DOJ insisted on a settlement slap on the wrist for these outright frauds strong Arming state AG's into participating even thought these are millions of tiny frauds that should be subject to the state laws of the state wherein the fraud/ perjury acts were committed.

Listen there is legal history dating back centuries called the statute of frauds that requires all purported transfers of interests in real property to be in writing to be enforceable. Additionally, there are something called the recording statutes(requiring the recordation of said transfers of interests in real property) that are the linchpin of a system where real property is freely alienable. Any first year from any third rate law school studies these concepts so the idea that White shoe firm Harvard Law grads signed off on the MERS system and the other workarounds of the rule of law and just didn't know better is laughable.

These are core legal underpinnings of our real estate system in the United States for lack of a better term. Allowing for a mockery and trashing of these precepts undermines confidence in the healthy functioning of the real estate market. Failing to come down like a ton of bricks on the higher ups who institutionalized these massive frauds is the height of shortsighted foolishness.

One of the reasons we had functioning capital markets was that one could have faith in the system that safeguards were in place to prevent or undo fraud and that record title could be counted on.

Incidentally I have discovered that in Nevada one can buy HOA foreclosures which are super priority ( as in wipe out first trust deed if you quiet title and fight the banks) that effectively allow you to purchase real property for nickels or dimes on the dollar! These banks don't understand and or have any respsect for the law.

Amerika sickens!

Ive sent letters, I have called my so called representatives, I have went to town hall meetings and rallies, I have went to their offices, I have voted for new faces over the incumbents and nothing has worked.

Ive done just about everything except shoot the people responsible. The only thing that has happened is I have been completely ignored. Peacefully what more can I do to try and change the direction of this Nation?

Here, here Gen!!!

There's not a day that goes by that I don't bitch that I'm the only one I know bitchin' in the first place and trying to do SOMETHING... ANYTHING... on your last couple threads, agree 100%

People just don't care cuz they think this will last forever and Karesh... errr, Obama has magic potions that will keep the status quo going forever...

So what do I do? Is this a situation where if I pay off my mortgage then someone else may come along one day and say they own the title to my land/house? What then happens to all that money I paid? If I quit paying then I'll be foreclosed upon. I'm certain my mortgage in entangled in this MERS mess. How can I ever get a clean title?

This is something that I have just been dealing with in the last day or 2. My wife and I got a house with a quick claims deed and I badgered the county to send me a deed and finally they did, I scanned over it and filed it away...

Now we had some problems with the county again and so we had to send out a copy of the quick claims deed and as my wife sends it out she realizes that the address is wrong. It starts with our street address, but a different city and zip. Now this may be a legitamate mistake, but I am wondering if its not, and at the same time the damn lawyer has not called us back yet... My patience is running out.

"this has been one gigantic waste of time" -

Yes.

http://www.salemdeeds.com/pdf/Audit.pdf

Same thing up here, The Registrar just uses harsh language, and our State Attorney General, Martha Coakley, does relatively nothing. The kicker? The Massachusetts Supreme Judicial Court has already given three landmark Decisions (U.S. Bank v. Ibanez, Bevilacqua v. Rodriguez, Eaton v. Fannie Mae) to fight them off. The Result? Nothing.

Don't forget DocX just pleaded guilty for fraud as well, good luck recouping those costs. Need a Note or Allonge "created out of thin air" to steal your home? No problem.

No one gives a ****. I've written the State AG, area Reps., written Op-Ed's, nothing.

There's no such thing as equal justice anymore. In order to get any justice, Americans will have to take matters in to their own hands. Of course, after half of The Bill of Rights and 200 year old property law being under massive assault over the past decade, throw in financial fraud for good measure, The People just sat on the sidelines for that too, sending the same political jackasses that allow this in the first place to continue.

How does one get access to this information? BofA recently sold my mortgage paper to another company. On the single occasion that I was able to speak to this new company (because they called me) I asked for a copy of the new note. They sent me a copy of the mortgage paper that I originally signed with BofA. I am betting the new deed transfer was assigned through MERS. How do I find out? If it requires a lawyer I have no access.

My new mortgage company is literally unreachable. Their phone menu contains no option to talk to customer service and according to my research they don't respond to certified mail either. I feel like I'm being held hostage.

Mass civil and financial disobedience?

1) Demand to see the documents held by your mortgagor that says they can get paid.
2) If they do not produce/have it, stop paying mortgage.

That will get their attention.

Quote:

just about everything except shoot the people responsible

what are you waiting for?

I keep waiting for someone with nothing to lose to visit the Goldman Sachs HQ and start blasting. As long as the individual(s) targeted the higher ups, I would applaud. I would not engage in this activity myself, as I have too much to lose, and could not take another life, but I suppose there were plenty of folks who felt that way at the outset of the last American revolution.

Onelegged - Start here to find out if MERS is involved:

https://www.mers-servicerid.orgcommon/no....

Damn. I'm surprised the County even let this audit take place.

This is wholesale theft of private property throughout the entire nation. All them statistics like "GDP" don't mean squat; economies don't grow while this kind of **** is happening.

Gen, I sense your anger and frustration. Trust me sir, you are providing a valuable service. People are responding - if ever so slowly (we should celebrate Lanny Breuer's resignation as a sign of that awakening) - to the massive fraud that has been perpetrated on us all. I do not intend to offend when I ask: Was the message Jesus Christ was preaching broadly received during his lifetime? Nope. Now, let's not carry this analogy too far, I don't think crucifixion is the solution to your lament - but you may have to accept that things may not change much until bucky is toast and the depression gets going in earnest. I disagree with the perception that it would then be too late. Collapse precedes rebirth.

Gen or Deckchairs,
What Onelegged said. How can you find out about your own mortage? I know this might seem like a self centered question, but if there is a way, and if that way gets spread around, and further if enough people take the time and find out that their homes are being stolen, then perhaps something might happen.
Or not.

TDray, thanks for the starting point.

Are conventional mortgage loans a part of the MERS system?

We always had a conventional type mortgage on our houses where we had to put down 20% of the loan. As far as I know, the loan never was sold. We always sent the payment directly to the same local Savings and Loan. Some months we paid extra on the principal. These loans were taken out in the 70s and 80s. The last mortgage was paid off in 2002.

As far as I researched in the county recorder for this current property, MERS was never involved with our last loan that was paid off in 2002. But could MERS have been involved even though I could not find it recorded?

Could someone who has a conventional loan today, be a suspect in the MERS system?

I paid off my mortgage with Citibank 7 years ago. They promptly sent me a release of mortgage letter which I then recorded with the county. So I hope I have avoided the problems you are talking about.

Quote:

So what do I do? Is this a situation where if I pay off my mortgage then someone else may come along one day and say they own the title to my land/house? What then happens to all that money I paid? If I quit paying then I'll be foreclosed upon. I'm certain my mortgage in entangled in this MERS mess. How can I ever get a clean title?

@ Mike77079
I have had this question multiple times over. Especially since my parents own real property in many states and recently paid them off and thus got what's called reconveyances from their lenders.

Realize that in our legal system anyone can sue you for anything no matter how false at any time. It doesn't mean that they'll ultimately prevail. But in a system where one pays your own defense costs winning is a Pyrrhic victory at best for most people.

But we still live in an adversarial legal system. Its up to oneself to assert one's rights in defense when this happens. As far as your lender if you pay off your mortgage keep the pay off letter and demand a copy of the recorded reconveyance or deed of reconveyance or whatever its called in your state.

Additionally, its not a bad idea to make sure said reconveyance has been properly recorded. A real Estate Broker or salesperson can usually get a preliminary title report for you for free and check this out. If the reconveyance is properly recorded it doesn't really matter if its fraudulent because the lender will be estopped from claiming you owe anything. The reconveyance extinguishes the security interest so then the lender cannot foreclose. And if for some strange reason they or someone else did no title insurance company would insure the title at that point so your property couldn't be sold out from under you.

So long as your not away from your property for extended periods of time without a caretaker etc, you would receive notice of any attempt to fraudulently foreclose. Since your mortgage undoubtedly contains an attorney's fee's provision you would most likely be able to recover your legal fees.

If you're truly paranoid you could pull a title report on an annual basis maybe at the same time you pull your credit report.

But bottom line as to the MERS title mess issue, is that title insurance companies are supposed to be part owners of MERS and they are still insuring 99.95% of titles with MERS in the chain of title. If they stop insuring the title then you can worry. So long as a title is insurable someone can borrow to purchase and the value keeps up. Like if interest rates rose precipitously , title insure-ability is a fundamental thing that if it went away for all MERS titles the real estate market would crash as it would be CASH only prices.

Thanks Tdray. Your link doesn't work, but I found an alternate one.

No MERS record is shown for my mortagage.

@Apotheoun

You most likely mean a "quitclaim" deed. Are you talking about the address where they are to send the recorded deed or the address listed as part of the description of the property conveyed? Because one matters a little the other is irrelevant so long as you have a copy of the deed with its recording info.

The commonly known as is not as important as the parcel number, in CA its called an APN Assessor's Parcel Number, and the legal description of the real property.

If any of the information in the preceding paragraph is inaccurate on your deed insist that the grantor execute and record some sort of legal document to clear it up, I can't speak for MN but probably a new correct deed would do the trick.

Title issues are always easier to clean up in the present rather than in the future when evidence and witnesses have a way of disappearing on you.

Quote:

it is very hard for me not to conclude that this has been one gigantic waste of time

I very much disagree. You made me aware of the realities and the scope of the criminality. I have written letters to officials, gone to protest (I plan to go to the capital on the 8th), talked to neighbors and family.

I was not naive enough to think favors where done by politicians and insiders, but before I found MT, I had no ideas the scope and scale of the lawlessness.

Because of your efforts we are infinitely better prepared for what is coming. I think I can speak for many here, you haved help a lot of us. Just being able to come here and vent with like-minded folks helps keep our sanity.

I, for one, thank you very much.

Here is the info from the Williamson County Clerk on the county's website.

http://www.wilco.org/Home/tabid/36/Entry....

You may wish to contact her office to see if you may sign up to use the fraud alert program they have made available for the good people of Williamson county.

http://www.wilco.org/CountyDepartments/C....