COMPLAINT | Sciortino v. Merscorp Holding, Inc. - MERS Accused Of Secretly Selling Consumer Info

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COMPLAINT | Sciortino v. Merscorp Holding, Inc. – MERS Accused Of Secretly Selling Consumer Info

COMPLAINT | Sciortino v. Merscorp Holding, Inc. – MERS Accused Of Secretly Selling Consumer Info

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF GEORGIA
ATLANTA DIVISION

Ronald Sciortino on behalf of himself
and all others similarly situated

Plaintiff

v.

Merscorp Holding, Inc.

Defendants

Excerpt:

INTRODUCTION

1.
This action seeks redress for Defendant’s refusal to comply with the
Fair Credit Reporting Act 15 U.S.C§ 1681et seq.(hereinafter “FCRA”) and
release the Plaintiff and putative Plaintiff’s consumer file upon request
and/or disclose the identity of each person (including each end-user
identified under section 1681e (e)(1) of the FCRA) that procured a consumer
report— (i) for employment purposes, during the 2-year period preceding
the date on which the request was made; or (ii) for any other purpose, during
the 1-year period preceding the date on which the request was made.

[…]

FACTUAL ALLEGATIONS

7.
According to the Defendant, it maintains a consumer “file” 3 on more than
sixty three million (63,000,000) “consumers” as that term is defined in the FCRA.
(See Exhibit “A” p. 1 Seamless MERS Integration)

8.
Defendant sells “consumer reports” 4 which is used or expected to be used
or collected in whole or in part for the purpose of serving as a factor in establishing
the consumer’s eligibility for— (A) credit or insurance to be used primarily for
personal, family, or household purposes; (B) employment purposes; or
(C) any other purpose authorized under section 1681b of the FCRA.

9.
Unbeknownst to residential mortgage applicants, when a mortgage is applied
for with a Fraud Alert member, regardless of whether or not it has been approved,
the mortgage application information is uploaded to MERS to be included in its
Fraud Alert database and a consumer file is created on that person or if ones exists
the information is merged into the existing file.

10.
The consumer report sold by the Defendant contains without limitation, the
following information, the consumers confidential social security number, date of
birth, age, height, weight, other identifying characteristics, home address, previous
address, occupation, mortgage loan amount, the creditor that issued the loan along
with the current servicer of the loan.

11.
For a small fee, any person or entity can access all the information in the
Fraud Alert database on any consumer at anytime using a website maintained by
the Defendant.

12.
Thus, consumers that have ever applied for a loan with a Fraud Alert
member are included in this database without their knowledge or consent,
including, without limitation, politicians, law enforcement officials, judges,
clergymen, high ranking military officers and other high profile individuals.

13.
Unlike Equifax, TranUnion and Experian, MERS does not have a policy in
place to prevent the disclose of consumers reports of high profile individuals,
indeed very few people outside the mortgage industry even know of the existence
of the secret database thereby making it ripe for exploitation for nefarious and
other illegal reasons such as identity theft.

[…]

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6 Responses to “COMPLAINT | Sciortino v. Merscorp Holding, Inc. – MERS Accused Of Secretly Selling Consumer Info”

  1. Charlie says:

    MERS Accused Of Secretly Selling Consumer Info
    Printable Version Share Article Rights/Reprints Editorial Contacts
    Documents

    Complaint

    Case Information
    Case Title

    Sciortino v. Merscorp Holding, Inc.
    Court

    Georgia Northern
    Nature of Suit

    480(Consumer Credit)
    Case Number

    1:12-cv-02446
    Judge

    Judge Amy Totenberg
    Date Filed

    July 12, 2012
    Related
    Sections

    Class Action
    Privacy & Consumer Protection
    Real Estate
    Southeast

    Companies

    Equifax Inc.
    Experian

    Share us on: Twitter Facebook LinkedIn By Lana Birbrair
    Law360, New York (July 16, 2012, 8:39 PM ET) — A putative class of consumers hit a Mortgage Electronic Registration Systems Inc. unit with a suit Friday in Georgia alleging the company, which creates consumer reports and maintains files on 63 million people, secretly collects and sells confidential information on residential mortgage applicants.

    The putative class action alleges that the information collected by Merscorp Holdings Inc. is included in the consumer reports it sells, which contain confidential identifying information such as Social Security numbers and dates of birth.

    [copyright info detected]

  2. papergate says:

    Thanks D!

  3. Joni Brit says:

    It’s worse than that. 16,000,000 underwater homes,(2.6 voters per home), 44 million high risk mortgage holders. Or are they? That’s a ridiculously high number of dead beat Americans who don’t pay their bills. It amazes me no one has ever challenged this fact, yet millions and millions of dollars has been made in suits.
    If 44 million Americans didn’t have high risk credit, there couldn’t be a mortgage crisis. What if the credit risk of these Americans was as false as the mortgage crisis, and the only truth was the Bank of negative personal information at MERS much fabricated.
    There were 3 Boys, very smart, went to U of P, or from Pennsylvania area. One of them Schorsch began buying up empty Bank buildings in Jenkintown, Pa. In 2005 it was a simple Cusip, 2607p305, worth .0001 and together with Lew Ranieri, who has since split, AFR, American Realty is now a commanding REIT. It bought a series of Wachovia Banks from Brinkman, a Wharton boy and derivitives expert, who had been buddies with Danzger, and partners in Miami International Holdings, in New Jersey. Now Danzger is with Rebar Systems in New Jersey
    From what I heard if there were securities attached to your mortgage, your credit was finished. Your name and charge would show up on someone else’s credit card. A suit could be launched in your name, and many times you wouldn’t even know, just in that never ever world of MERS. It could be traffic tickets, un paid EZPass, forget it, you were finished, taxes one month late became a judgment forever, stores you frequented could be told you were involved in a credit card scam.
    The computer program of the Century, The Genius: As The securities became REIT backed the home owner’s name became mud.

  4. Joni Brit says:

    Incredible isn’t it? Here it is election time, we can’t forget to thank MERSCorp for the 47% ranking, should I tip my hat now or later. Since I have not been able to co sign for my childrens cars or apartments for the last four years, Think I will do it now. Thank you Merscorp, for all those ghost properties I seem to own in Broward County, that as they become foreclosed end up as tax free bonds in some REIT on Wall Street.
    Invesco van kampen, 497j, van kampen equity trust, you destroy a persons credit and make a fortune off their social. Yes, I am a 47%er and honored to be in the Club. I wonder when some Attorneys will be on our side, I don’t think you are too worried, MERSCorp, or .
    ..Neil thought you had better computers to break into than mine, .
    ..Someone asked me how you managed to get Van kampen off the 10952 list in the SEC files. not easy stuff, hope you didn’t substitute, not implicating anyone else I hope.

  5. Joni Brit says:

    Not only does it steal info but once your identity is stolen they make up Notes which become Bonds and the only part in your name is the foreclosure and the poor credit. I really thought there was an honest mistake by Baum and Hogan Lovels but 4911131 is for PNC REIT 497 17622 Wells Fargo Redemption Funds Trust… It’s trading on Nasdaq as we speak, awesome, how could Lowenthal and Baum foreclose on my friend like that,
    Her account was never 110517622 nor was her certificate of location 4911131 SBL, neat trick Baum, not nice Wells Fargo. to ruin her credit and meanwhile manage to move this huge Asset into your REIT named MTGE.
    You know she was never in default until she applied for a Modification and You sent her back a check for $4360 and refused the Modification. After taking her Affidavit, not nice. And it says FNMA investor number, 110517622. Does fnma and Wells Fargo have to steal her Title 89695, she would share.
    tricky tricky. Not nice Wells Fargo all this time she’s been paying 22% on a Camry loan when look at all these bonds and Notes, looks like her old Attorney got something, spread the wealth. Did Hogan Lovells agree to that ? Baum?
    MERS v Sciortino, another case turning the Tides.

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