DAVIES V. NDEX WEST | FORECLOSURE FRAUD | by DinSFLA

Tag Archive | "DAVIES V. NDEX WEST"

Open Letter Jennifer Van Dyne DEUTSCHE BANK NATIONAL TRUST COMPANY Trustee Administrator RAST 2007-A5

Open Letter Jennifer Van Dyne DEUTSCHE BANK NATIONAL TRUST COMPANY Trustee Administrator RAST 2007-A5


Where are the NOTES?

THE TRUSTEE OF A TRUST HOLDS THE ACTUAL RECORDS. THE HIDDEN TRANSFERS IS WHAT ALLOWS THESE PEOPLE TO DO ILLEGAL ACTS AND TRANSFERS.

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Posted in case, foreclosure fraud, forensic mortgage investigation audit, MERS, mortgage electronic registration system, MORTGAGE ELECTRONIC REGISTRATION SYSTEMS INC., Mortgage Foreclosure FraudComments (0)

Letter for Meet and Confer with Attorney Masumi Patel regarding the loan file of the RAST 2007-A5 5-3-10

Letter for Meet and Confer with Attorney Masumi Patel regarding the loan file of the RAST 2007-A5 5-3-10


Extra Special Delivery…via Brian W. Davies

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Posted in foreclosure fraudComments (0)

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.

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© 2010-17 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)

Lawsuit Tied to Loan Commitment: Siller v. OPTION ONE MORTGAGE CORPORATION CA4/1

Lawsuit Tied to Loan Commitment: Siller v. OPTION ONE MORTGAGE CORPORATION CA4/1


REVERSED : OVERTURNED

“Play it back and rewind”

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© 2010-17 FORECLOSURE FRAUD | by DinSFLA. All rights reserved.



Posted in case, forensic mortgage investigation audit, reversed court decisionComments (2)

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.

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© 2010-17 FORECLOSURE FRAUD | by DinSFLA. All rights reserved.



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

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Posted in foreclosure fraudComments (0)


GARY DUBIN LAW OFFICES FORECLOSURE DEFENSE HAWAII and CALIFORNIA
Kenneth Eric Trent, www.ForeclosureDestroyer.com

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