Texas Property Owners Suffer Because of MERS Court RulingAUSTIN, TX (October 6, 2015) — FOR IMMEDIATE RELEASE Travis County Clerk Dana DeBeauvoir, joined by the Travis County Commissioners’ Court, issues the following statement regarding the recent ruling by the United States Court of Appeals for the Fifth Circuit in Harris County v. MERSCorp Incorporated: Most people will never notice that the public paperwork you typically expect to be recorded with the County Clerk whenever you buy a house, get a new lender, or refinance your mortgage isn’t being filed at all. A group of residential lenders created MERSCorp (Mortgage Electronic Recording System) several years ago for its own purposes and for bypassing the public record. This group has succeeded in creating its own private registry. The Travis County Commissioners Court, supported by the Travis County Clerk, joined a federal lawsuit in Nueces County to put a stop to this secret, substitute recording system. Unfortunately, on June 26th of this year, in a different case, Harris County v. MERSCorp Incorporated, the U.S. Court of Appeals for the Fifth Circuit issued an opinion that allows MERS to continue its private document registry and dodge the public record. Further, the Court found that MERS is not responsible for major gaps in the chain of title and public deed records that misrepresent ownership records in every county in Texas. By the manner in which the opinion was written, the Fifth Circuit made this ruling apply to the Nueces case without ever hearing one word in court from Travis County. If you are one of the owners of property financed by a MERS member, and you want to know who owns your deed of trust—the lien on your house—you can’t find it in the Clerk’s record because every time they resold your mortgage to another lender, MERS kept the records secret. MERS never filed the documents in the county deed records. Now, the Court has ruled the County Clerk, who is the keeper of real property records, is not required to be informed about the subsequent sales of the lien on your house. MERS tried to claim they were the owners of the deed of trust because they named themselves a beneficiary in the document. MERS also asserted, at the same time, that they had none of the rights or responsibilities of a beneficiary. The Fifth Circuit agreed and declared that this tortured logic did not constitute fraudulent behavior. Further, the Court ruled that the County Clerk, has no right to compel MERS to file future ownership documents as expected nor bring the public record up to date. Unbelievably, the Court ruled that the County Clerk had no right to even file the lawsuit to preserve the integrity of the important real estate records that the Clerk is sworn to protect. Travis County does not have a ruling in the Nueces County case, and we have not been allowed our day in court. However, to continue theNueces case would be viewed legally as frivolous because the Fifth Circuit has ruled in a similar case and set new law. The rulings in theHarris County v. MERS case mean that Travis County must stop our legal efforts to protect the permanent library of deed records from the damages inflicted by the members of MERSCorp. The Travis County Commissioners Court has instructed the County Attorney to stop pursuing the MERS case. We understand that this action is necessary to protect Travis County taxpayers from the liability of various attorneys’ fees and/or possible sanctions. Travis County Clerk DeBeauvoir and the Commissioners’ Court commend the Travis County Attorney for their thorough analysis of the documents that prove MERS direct assault on transparent business dealings. DeBeauvoir said, “For years, MERS violated existing practices in the State of Texas. It breaks my heart that we are unable to stop MERS, stop the damage to the records, and stop the mistreatment of human beings and their assets. Because of the ruling of the Fifth Circuit, we must surrender to what big corporations prefer, not what’s dependable for our citizens and their ownership rights now and into the future.”
source: http://traviscountyclerk.org/ |
Oh my God no,this is insane. I knew these judges were involved
We cannot allow these bankster fraudsters any rights. Why are these crooked Wall St. fatcats allowed to collect millions of dollars illegally then, make even more millions of dollars by throwing hard, working families out of their homes. What a disgrace this is, what happened to the laws in America that were supposed to protect us from the white collar criminals???
Dear Texas County Recorder:
You don’t have the faintest clue what MERS was set up for, and what it has been doing ever since.
The court which made the rulings in favor of MERS was probably misled because plaintiffs, and their attorneys, didn’t have the faintest clue about the evil functions of MERS. Not recording in county records is just a front, and a requirement of the colossal crimes they have been committing. I have briefly documented that in my filed appellate court papers in my above webpage.
If you have the guts I have the facts to help every county in this country to lock up every individual who can be identified as a principal, or as an accessory of this criminal enterprise (MERS).
In this country, unless you prove to a court what crime-frauds those criminals under the sham flag of (MERS) have been performing, you cannot obtain a favorable ruling against them!
Sometimes even when you prove what they have been doing you can’t obtain a ruling against them because the case itself is filed to whitewash their crimes, such as in the case of “Wachovia Drug Cartel”, now known as “Wells Fargo Drug Cartel” which signed a confession of judgment to have laundered $1/2 trillion drug money during the last decade, but was helped by the feds to launder it further into, and under, the false flag of “Wells Fargo Drug Cartel”, according to their own court documents I have linked in my above webpage, and as summarized in this short report:
“IF YOU ARE TOO BIG TO FAIL, DRUG TRAFFICKING IS A GOOD INVESTMENT”
http://www.byronsworld.org/the_mark_monitor/newsletters/mm_news_07.29.2011_Wells_Wachovia_Drug_Money.pdf
“Kareem Salessi”
“Kareem Salessi 10/16/15”
“Kareem Salessi 10-16-15” http://www.disclosurerealty.com/home.asp