AND then there is this –U.S. Bank N.A. v Bresler | NYSC – US Bank Admits MERS Does NOT Have the Authority To Assign Note, No evidence of delivery of the Note
Via: Jeff Barnes
“We have been provided with a copy of U.S. Bank Global Corporate Trust Services’ “Role of the Corporate Trustee” brochure which makes certain incredible admissions, several of which squarely disprove and nullify the holdings of various courts around the country which have taken the position that the borrower “is not a party to” the securitization and is thus not entitled to discovery or challenges to the mortgage loan transfer process.” The second page sets forth that U.S. Bank, as Trustee, “does not have any discretion or authority in the foreclosure process.” If this is true, how can U.S. Bank as Trustee be the Plaintiff in judicial foreclosures or the foreclosing party in non-judicial foreclosures if it has “no authority in the foreclosure process”?
US Bank Brochure Below- Courtesy of MSFraud
Here is a letter from the OCC dated 1997 that states the OCC knew full well the borrower is in first position in the Securities pools.
This is the OCC, Office of Comptroller of Currency Securitization Handbook. See page 11 which states implicitly that the Borrower is the first party to the securitization.
see attached pdf or http://www.occ.gov/publications/publications-by-type/comptrollers-handbook/assetsec.pdf
Should be massive demands for over-rulings of judges with the excuse the borrower has no place as a party in the securities pools. Lack of Due Process and SMJ are causing crime scenes in most courtrooms from Seattle to Hawaii. What is the judge going to come up with now? Plain evil has happened in massive court rooms.
While I applaud any and and everyone’s efforts to help fight this foreclosure fraud mess, it only helps as long as accurate information is being given. Above is an example of misunderstanding information. “All trustees for MBS have no advanced knowledge of default” means just that. NOT “It means they have no evidence a default occurred.” Key words “NO ADVANCED KNOWLEDGE”