Bifurcation!
Securitization FAILURE!
Remember PINO vs BONY? Well here is another involving a fraudulent assignment!
You can fast forward and begin shortly after 16:00 and listen to Wells Fargo’s attorney.
She brings up the MERS Min Number but as I pointed out these numbers are not always unique.
Listen to the judge say, “MERS is NOT friend of the borrower, I’ve seen 100’s of these and trust me MERS is NOT the friend of the borrower.”
What about the conflict that Wells is an owner of MERS who is named on the document of the borrower? Was this affiliation ever disclosed to the borrower when they signed the documents?
For more info on this case please see the opinion: ZERVAS vs WELLS FARGO | FL 2DCA “Acceleration Clause, No Assignment, Lost Note Affidavit, A Genuine Issue of Fact”