Your contractual right to defend title …


Your contractual right to defend title …

Your contractual right to defend title …

Clouded Titles-

Here’s something that hasn’t been touched on since all of these lawsuits against the banks have come into fruition:

Your right to defend title!

It’s contractual … and you’ll find it in your Mortgage or Deed of Trust just before the covenants begin … possibly near the phrase TRANSFER OF RIGHTS IN THE PROPERTY.

Most MERS-originated mortgages contain references under TRANSFER OF RIGHTS IN THE PROPERTY (the long-form mortgages and deeds of trust especially) that indicate that the Borrower is giving MERS (an acronym for Mortgage Electronic Registration Systems, Inc.; not to be confused with its parent, MERSCORP Holdings, Inc. or the name used at the U. S. Office of Patents and Trademarks (MERS, Inc.) to register its “business model”, MERS) some sort of contractual rights to act as a nominee (an agent with extremely limited, if any, authority to act) for the lender and the “lender’s successors and assigns. The problem with these definitions is that they’re vague and ambiguous, because once you get to the section under TRANSFER OF RIGHTS IN THE PROPERTY, the phrase, “and the successors and assigns of MERS” is added. What this phrase doesn’t state is what (or who) those “successors and assigns” are. So if MERS (which has no members; the members have contracts with MERSCORP) comes into court and declares that it has contractual rights of some sort (to act as an agent, a lender, a trustee … of sorts, your girlfriend, my dead sister, or any other entity), you allegedly gave it some sort of right to do something if you should allegedly “default” on your loan payments.

The problem is …


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2 Responses to “Your contractual right to defend title …”

  1. GuyFawkes says:

    The “Borrowers Covenants” are not a “contractual right” those covenants are a contractual OBLIGATION! As the homeowner to the property, it is what you have obligated yourself to do contractually: defend the title of your property. That means defending your title is not voluntary, but MANDATORY!

  2. israel144 says:

    So the “borrower” is contractually obligated to defend the title, in the “Security Instrument”, right above that covenant states MERS holds only legal title to the interest granted by the borrower…that means just like in a quitclaim deed you convey whatever interest you have in the estate, but you don’t warrant title, but then it flips and says borrower covenants to warrant the property is unencumbered, like a warranty deed. Sounds like a quiet title action is the only way to clear up who own the estate. Definitely the banks dont.


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