Brian Davies | FORECLOSURE FRAUD | by DinSFLA

Tag Archive | "brian davies"

Opposition To MERS Demurrer To Fourth Amended Complaint With Requests For Judicial Notice

Opposition To MERS Demurrer To Fourth Amended Complaint With Requests For Judicial Notice


Via Brian Davies:

CALIFORNIA OPPOSITION TO MERS DEMURRER WITH FILINGS OF REQUEST FOR JUDICIAL NOTICES.

[ipaper docId=51728402 access_key=key-26y5bos82bpula1dkdzi height=600 width=600 /]

© 2010-15 FORECLOSURE FRAUD | by DinSFLA. All rights reserved.



Posted in STOP FORECLOSURE FRAUDComments (1)

DAVIES ADVERSARY COMPLAINT VS. DEUTSCHE BANK NATIONAL TRUST COMPANY AS TRUSTEE OF RAST 2007-A5

DAVIES ADVERSARY COMPLAINT VS. DEUTSCHE BANK NATIONAL TRUST COMPANY AS TRUSTEE OF RAST 2007-A5


WOW look at all the pages!

Via: Brian Davies

FULL FILED ADVERSARY AGAINST DEUTSCHE BANK NATIONAL TRUST COMPANY BY PAUL NGUYEN, FILED CONCURRENTLY WITH RJN 1 PROSPECTUS AND POOLING AND SERVICING AGREEMENT, RJN 2 LAND TITLE RECORDS

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© 2010-15 FORECLOSURE FRAUD | by DinSFLA. All rights reserved.



Posted in STOP FORECLOSURE FRAUDComments (1)

LENDERS TURNING TO OLD FASHION WAY OF “PAPER”, TURN AWAY FROM MERS

LENDERS TURNING TO OLD FASHION WAY OF “PAPER”, TURN AWAY FROM MERS


Thanks to a tip from California’s hero Brian Davies:

Lenders Turning Their Backs on MERS, Going Back to Paper

With more borrowers filing legal challenges to foreclosure, many mortgage lenders have turned their back on using MERSCORP Inc., which operates an electronic loan registry, to bring foreclosure actions. Some lenders are even returning to the old-fashioned, paper-based system of physically recording mortgage assignments at county recorder offices to ensure an unbroken chain of title.

© 2010-15 FORECLOSURE FRAUD | by DinSFLA. All rights reserved.



Posted in STOP FORECLOSURE FRAUDComments (4)

North American Title Complaint to California–Fraudulent Documents

North American Title Complaint to California–Fraudulent Documents


North American Title Complaint to California–Fraudulent Documents

From: Brian Davies

Complaint to the State of California on title and escrow fraud. Security interest not perfected. Married sole and separate. Not single. Never can a married man ever be listed as single. Let alone I was married and they never got a quit claim release.

[ipaper docId=38476963 access_key=key-2h0zxem20tvkxaiflc52 height=600 width=600 /]

© 2010-15 FORECLOSURE FRAUD | by DinSFLA. All rights reserved.



Posted in lennar, north american title, title company, Title insuranceComments (4)

WHAT CERTIFIED POOLING & SERVICING AGREEMENTS LOOK LIKE

WHAT CERTIFIED POOLING & SERVICING AGREEMENTS LOOK LIKE


Our friend in California Brian Davies recently got a “Golden Ticket” in the mail. Below are certified copies of the Pooling & Servicing Agreement of his loan including the Prospectus for RAST 2007-A5, pass thru 2007E, psa 03-01-07.

Via: Brian Davies

GET THESE INTO THE COURT RECORD FOR THE DEFINITIVE WAY THE RECORD NEED TO BE JUDICIALLY NOTICED–B.DAVIESMD@GMAIL .COM

How you can get these:

http://www.scribd.com/doc/36801952/The-Securities-and-Exchange-Commission-How-to-File-to-Get-Certified-Copies-of-the-Prospectus-and-Polling-and-Servicing-Agreements

© 2010-15 FORECLOSURE FRAUD | by DinSFLA. All rights reserved.



Posted in chain in title, deed of trust, foreclosure, foreclosures, insider, investigation, mbs, originator, pooling and servicing agreement, psa, rmbs, S.E.C., servicers, stopforeclosurefraud.com, trade secrets, trustee, Trusts, truth in lending act, Wall StreetComments (6)

DEPOSITION of A “REAL” VICE PRESIDENT of MERS WILLIAM “BILL” HULTMAN

DEPOSITION of A “REAL” VICE PRESIDENT of MERS WILLIAM “BILL” HULTMAN


Bill joined MERS in February, 1998. He brings more than 14 years of broad experience in finance and treasury. Before joining MERS, he served as Director of Asset Liability Management for Barnett Banks, Inc., Asset Liability Manager at Marine Midland Bank and Treasurer of Empire of America FSB. As a conservator for the FDIC, he managed insolvent institutions for the Resolution Trust Corporation.

Prior to his experience in the financial services industry, Bill was a partner in the law firm of Moot and Sprague, as well as an attorney at Forest Oil Corporation, specializing in the areas of securities and corporate law.

Does MERS have any salaried employees?
A No.

Q Does MERS have any employees?
A Did they ever have any? I couldn’t hear you.

Q Does MERS have any employees currently?
A No.

Q In the last five years has MERS had any
employees?

A No.

Q To whom do the officers of MERS report?
A The Board of Directors.

Q To your knowledge has Mr. Hallinan ever
reported to the Board?
A He would have reported through me if there was
something to report.

Q So if I understand your answer, at least the
MERS officers reflected on Hultman Exhibit 4, if they
had something to report would report to you even though
you’re not an employee of MERS, is that correct?
MR. BROCHIN: Object to the form of the
question.
A That’s correct.

Q And in what capacity would they report to you?
A As a corporate officer. I’m the secretary.

Q As a corporate officer of what?
Of MERS.

Q So you are the secretary of MERS, but are not
an employee of MERS?
A That’s correct.

[etc…]

Q How many assistant secretaries have you
appointed pursuant to the April 9, 1998 resolution; how
many assistant secretaries of MERS have you appointed?

A I don’t know that number.

Q Approximately?
A I wouldn’t even begin to be able to tell you
right now.

Q Is it in the thousands?
A Yes.

Q Have you been doing this all around the
country in every state in the country?
A Yes.

Q And all these officers I understand are unpaid
officers of MERS?

A Yes.

Q And there’s no live person who is an employee
of MERS that they report to, is that correct, who is an
employee?

MR. BROCHIN: Object to the form of the
question.

A There are no employees of MERS.

[ipaper docId=134672819 access_key=key-tm0begjvmegnxpqvshh height=600 width=600 /]

__________________________________________

FULL DEPOSITION of Mortgage Electronic Registration Systems (MERS) PRESIDENT & CEO R.K. ARNOLD “MERSCORP”

_______________________________________________

EXCLUSIVE | ‘MERS’ DEPOSITION of SECRETARY and TREASURER of MERSCORP 4/2010

_______________________________________________

EXCLUSIVE | ‘MERS’ DEPOSITION of SECRETARY and TREASURER of MERSCORP 4/2010

_______________________________________________

 

© 2010-15 FORECLOSURE FRAUD | by DinSFLA. All rights reserved.



Posted in MERS, MORTGAGE ELECTRONIC REGISTRATION SYSTEMS INC., Mortgage Foreclosure Fraud, Nick Wooten, securitization, William C. HultmanComments (5)

Foreclosure, Subprime Mortgage Lending, and the Mortgage Electronic Registration System

Foreclosure, Subprime Mortgage Lending, and the Mortgage Electronic Registration System


Via: b.daviesmd6605

Included here is a short excerpt that discusses the way MERS allows nearly any member have MERS authority to sign documents. The article says that some states require the signor to be a VP of the actual member. Eventually some states allow them to be an authorized signatory despite not being an employee. If any late assignments apply to you this is then a must read.

[ipaper docId=30807513 access_key=key-2jtfrih99eg7hyj51oi0 height=600 width=600 /]

© 2010-15 FORECLOSURE FRAUD | by DinSFLA. All rights reserved.



Posted in Christopher Peterson, foreclosure fraud, MERS, mortgage electronic registration system, MORTGAGE ELECTRONIC REGISTRATION SYSTEMS INC., robo signer, robo signersComments (0)

NO STANDING: MORTGAGE ELECTRONIC REGISTRATION SYSTEM, INC., APPELLANT, VS. SOUTHWEST HOMES OF ARKANSAS, APPELLEE

NO STANDING: MORTGAGE ELECTRONIC REGISTRATION SYSTEM, INC., APPELLANT, VS. SOUTHWEST HOMES OF ARKANSAS, APPELLEE


The Kansas appellate court noted that MERS received no funds and that the mortgage required the borrower to pay his monthly payments to the lender. just as in the case at hand, that the notice provisions of the mortgage “did not list MERS as an entity to contact upon default or foreclosure.” declaring that MERS did not have a “sort of substantial rights and interests” that had been found in a prior decision and noting that “a party with no beneficial interest is outside the realm of necessary parties,” the Kansas court concluded that “the failure to name and serve MERS as a defendant in a foreclosure action in which the lender of record has been served” was not such a fatal defect that the foreclosure judgment should be set aside. at 331, 192 P.3d at 181-82.

It is my opinion that the same holds true in the instant case. Here, Pulaski Mortgage, the lender for whom MERS served as nominee, was served in the foreclosure action. But, further, neither MERS’s holding of legal title, nor its status as nominee, demonstrates any interest that would have rendered it a necessary party pursuant to Ark. R. Civ. P. 19(a).

For these reasons, I concur that the circuit court’s order should be affirmed.

IMBER and WILLS, JJ., join.

[ipaper docId=30774283 access_key=key-13lkiaigfhjiknf5bhf2 height=600 width=600 /]

© 2010-15 FORECLOSURE FRAUD | by DinSFLA. All rights reserved.



Posted in case, foreclosure, foreclosure fraud, MERS, mortgage electronic registration systemComments (0)

Mers Discovery Responses TO REQUEST FOR Production of Documents 3-15-2010, ERICA JOHNSON-SECK, DAVIE

Mers Discovery Responses TO REQUEST FOR Production of Documents 3-15-2010, ERICA JOHNSON-SECK, DAVIE


via b.daviesmd6605

SAME RESPONSES OBJECTIONS AND NO DOCUMENTS. IT IS THE GAME. HOPEFULLY WE CAN BREAK THIS GAME. WE ALL HAVE ERICA JOHNSON-SECKS DEPOSITION. JUST FOLLOW THE YELLOW BRICK ROAD.

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© 2010-15 FORECLOSURE FRAUD | by DinSFLA. All rights reserved.



Posted in concealment, conspiracy, corruption, erica johnson seck, indymac, MERS, MORTGAGE ELECTRONIC REGISTRATION SYSTEMS INC., onewestComments (0)

DAVIES V. NDEX WEST, UNIVERSAL AMERICAN MORTGAGE, DEUTSCHE BANK NATIONAL TRUST, MERS, 2924,2923.5, B

DAVIES V. NDEX WEST, UNIVERSAL AMERICAN MORTGAGE, DEUTSCHE BANK NATIONAL TRUST, MERS, 2924,2923.5, B


Here Mr. Davies points out some VERY IMPORTANT issues. This is NOT limited to OneWest/ IndyMac as we come to find out many of these “Non-Creditors” use almost the same verbiage over and over and over.

Take time to read this over because what you sign TODAY may not help you Tomorrow if you sign your rights away! Do NOT sign anything you do not understand and consult with an attorney ASAP. Mr. Davies is one highly intelligent man! Thank you for your fine work!

[scribd id=26821737 key=key-1fp04vkaavyupru2goxf mode=list]

Posted in foreclosure fraudComments (0)


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