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U.S. Bank calls for court to hear MERS class-action suit

U.S. Bank calls for court to hear MERS class-action suit


Highly recommend that if anyone wants to go after MERS, you first read STATE OF DELAWARE v. MERSCORP, Mortgage Electronic Registration Systems, Inc., (MERS) to get familiar with some specifics. 

 

Observer- Reporter

U.S. Bank National Association has asked U.S. District Court to hear a class-action suit, filed by Washington County on behalf of all counties in the state, over the association’s failure to use the recorder of deeds offices to record mortgages, denying counties the related fees.

Washington County first took the case to Washington County Court, but the bank is now seeking a change in jurisdiction. The county alleges that more than $100 million has been lost in recording fees by all 67 counties in the state.

The county alleges U.S. Bank National Association, as trustee for various residential mortgage-backed security trusts, violated state law by failing to record “each and every mortgage transfer.”

The bank instead used a private entity, Mortgage Electronic Registration Systems Inc., for recording, “thereby depriving Washington County of the accompanying recording fees” for 15 or more years.

[OBSERVER-REPORTER]

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JIM FULLER, CLERK OF THE COURT, DUVAL COUNTY, FLORIDA vs. MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. (MERS), MERSCORP

JIM FULLER, CLERK OF THE COURT, DUVAL COUNTY, FLORIDA vs. MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. (MERS), MERSCORP


IN THE CIRCUIT COURT, FOURTH
JUDICIAL CIRCUIT, IN AND FOR
DUVAL COUNTY, FLORIDA

JIM FULLER, CLERK OF THE CIRCUIT
COURT, DUVAL COUNTY, FLORIDA,
in his official capacity and on behalf of
all those similarly situated,

Plaintiff,

vs.

MORTGAGE ELECTRONIC REGISTRATION
SYSTEMS, INC., a Delaware corporation; and
MERSCORP, INC., a Delaware Corporation

Defendants.

[ipaper docId=72570476 access_key=key-2j0q77ii32icyuhv6dnf height=600 width=600 /]

 

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



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Ka-Booom! Florida Clerk, Jim Fuller of Duval County Sues MERS

Ka-Booom! Florida Clerk, Jim Fuller of Duval County Sues MERS


This is major and pay close attention to the words below

Mortgage Servicing News-

The most recent lawsuit was filed by a county clerk in Florida, and seeks class action status to represent the state’s 67 counties. The complaint alleges the use of MERS does not comply with state property laws and has cost municipalities millions in unpaid recording fees.

Jim Fuller, the clerk of Duval County, filed suit against Merscorp Inc. and its wholly owned subsidiary, Mortgage Electronic Registration Systems, Inc., on Oct. 31, claiming civil conspiracy, unjust enrichment, as well as fraudulent and negligent misrepresentation. The suit also seeks a hearing to determine the validity of tracking note transfers on the MERS System and a court injunction to prohibit the use of MERS in Florida.

“MERS has usurped the rights and privileges of the Florida Clerks of Court by establishing, maintaining and inducing lenders to use its private recording system, which unlawfully interferes and competes with the public recording system,” the suit, filed in state circuit court, reads.

[…]

Both the note and mortgage are to be recorded. The principle issue we’re trying to get at is the punitive distinction of MERS being the mortgagee while the note is shifted from one to another up through the typical securitization process,” Volpe said in a phone interview. “The principle concern about the disconnect is that the public records are not complete insofar as the true beneficial owner of the mortgage is not reflected in the public records.”

[MORTGAGE SERVICING NEWS]

 

[ipaper docId=72570476 access_key=key-2j0q77ii32icyuhv6dnf height=600 width=600 /]

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MERS Registry Targeted by Local Land Offices Over Lost Fees

MERS Registry Targeted by Local Land Offices Over Lost Fees


I can tell you that this is ONLY the beginning… stay tuned for others to come forward soon.

MERS is done, repeat done.

Nancy Becker – You Go Girl!

Bloomberg-

For Nancy J. Becker, recorder of deeds in Montgomery County, Pennsylvania, outside Philadelphia, property records are practically sacred. So much so that her office keeps digital copies of land records dating to 1784 in four separate databases, including one 1,700 miles (2,735 kilometers) away.

If the county seat were leveled tomorrow, she says, “I could still record documents on my laptop on the street corner with a card table.”

Becker may sound tech-savvy, but to some of her constituents’ dismay, she can’t always call up a property with a keystroke and see who holds its note. That’s because more than 200,000 of her records list the lien holder as MERS, the private service that acts as a proxy for banks that bundle and sell off mortgage securities. That can make it all but impossible for a recorder to determine who really holds the paper, Bloomberg Businessweek reports in its Nov. 7 edition.

[BLOOMBERG]

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Washington County, Pennsylvania Brings Class Action on behalf of PA’s 67 counties to Recover Recording “MERS” Fees Lost to Wall Street

Washington County, Pennsylvania Brings Class Action on behalf of PA’s 67 counties to Recover Recording “MERS” Fees Lost to Wall Street


IN THE COURT OF COMMON PLEAS OF WASHINGTON COUNTY, PENNSYLVANIA

Civil Division

COUNTY OF WASHINGTON,
PENNSYLVANIA, on behalf of itself and all
other similarly situated Pennsylvania Counties,

Plaintiff

vs.

U.S. BANK NATIONAL ASSOCIATION,

Defendant

[ipaper docId=70965013 access_key=key-168o3025pdbk6qyzs3ct height=600 width=600 /]

 

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



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Montgomery County, PA recorder of deeds Nancy Becker to File Lawsuit Against MERS

Montgomery County, PA recorder of deeds Nancy Becker to File Lawsuit Against MERS


Wait until the “BIG” states file one against MERS, et al. This is going to lead all the lawsuits against the banking industry.

Follow the paper and audit MERS. Go down the MERS-HOLE & You’ll find out, what really went down.


Phillyburbs-

Montgomery County’s recorder of deeds on Tuesday said she is going after about $15.7 million she claims is owed to the county by an electronic mortgage registry company and banks doing business with that company.

“I am filing a class action lawsuit against MERS (Mortgage Electronic Registry System) and the banks using MERS for failing to record certain mortgage assignments and, therefore, not paying the required fees,” recorder Nancy J. Becker said.

 Becker said the lawsuit will claim the failure to file these transfers with appropriate recorder offices is an attempt to illegally circumvent the payment.
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FULL DEPOSITION TRANSCRIPT OF HOLLAN FINTEL FORMER FLORIDA DEFAULT LAW GROUP ATTORNEY

FULL DEPOSITION TRANSCRIPT OF HOLLAN FINTEL FORMER FLORIDA DEFAULT LAW GROUP ATTORNEY


Excerpts:

Q. Okay. And did it actually grant you
14 authority to sign as vice president anywhere in there?
15 A. The listing capacity on that assignment was
16 — is a clerical error. It needed to state “attorney in
17 fact.” This document grants the power as attorney in
18 fact.
19 Q. Okay. So —
20 A. But it does grant the authority to execute
21 the assignment of mortgage.
22 Q. Okay. So you are not vice president of
23 Wells Fargo Bank N.A.?
24 A. No.
25 Q. Okay. During your employment at Florida

1 Default Law Group, were there other companies that you
2 would execute assignments of mortgages on behalf of?
3 A. Yes. I believe there were others.
4 Q. And would you execute those assignments of
5 mortgages as attorney in fact or vice president?
6 A. I believe it varied. I do believe there were
7 other corporate resolutions that it did vary, the
8 capacity in which I signed.
9 Q. Okay. Do you recall specifically any of the
10 other entities that you would execute assignments of
11 mortgages on behalf of?
12 A. Mortgage Electronic Registration Systems,
13 known as MERS.
14 Q. MERS?
15 A. Yes.
16 Q. And what was your capacity as — what was
17 your signing authority on behalf of MERS?
18 A. I believe it was as vice president and
19 assistant secretary. I’m not positive, but I believe it
20 was as vice president.
21 Q. All right. Are you currently — this grants
22 you authority to act as attorney in fact for Wells Fargo
23 Bank until December 31st, 2010.
24 Do you still then execute documents as
25 attorney in fact for Wells Fargo Bank?

1 A. No, I don’t.
2 Q. Okay. And when did you stop doing that?
3 A. It would have been when I left Florida
4 Default in October of 2008.
5 Q. Okay. So was the sole basis of your actions
6 to sign documents as attorney in fact for Wells Fargo
7 Bank out of your employment for Florida Default Law
8 Group?
9 MS. HILL: Object to form.
10 MR. GANO: Objection to the form.
11 A. I’m sorry. Can you rephrase it?
12 Q. Outside of working as an attorney for Florida
13 Default Law Group, did you execute assignments of
14 mortgages for Wells Fargo Bank pursuant to this for any
15 other types of actions not related to Florida Default
16 Law Group?
17 A. No.
18 MS. HILL: When you say “this,” you pointed.
19 For record, you are referring to?
20 MR. IMMEL: This Limited Power of Attorney.
21 MR. GANO: Exhibit A.
22 MR. IMMEL: Exhibit A.
23 Q. And have you ever been to Wells Fargo Bank’s
24 headquarters or any of their offices?
25 A. No. I don’t believe I have.

1 Q. Okay. Are you aware — did you have to apply
2 for the limited power of attorney status with Wells
3 Fargo?

4 A. No.
5 Q. Are you aware of how you were chosen as a
6 limited — to be appointed the limited power of
7 attorney?
8 A. No, I don’t.
9 Q. Okay. Did Wells Fargo Bank provide you any
10 formal training or, I guess, any sort of detailed job
11 responsibilities, or was just this limited power of
12 attorney provided to you?
13 MR. GANO: I’m going to object as far as that
14 going into any specific instructions regarding
15 particular files that she was working while at
16 Florida Default on behalf of the Plaintiff.
17 Q. Without divulging privileged information, if
18 you would limit the answer to that.
19 A. Instruction from Wells Fargo, no.
20 Q. Okay. Did you receive any compensation from
21 Wells Fargo Bank for your duties as an attorney in fact,
22 limited power of attorney?
23 MR. SMITH: You’re asking about her
24 personally?
25 MR. IMMEL: Yes, her personally.

1 A. No.
2 Q. No. Okay. Did you ever attend any board
3 meetings or executive meetings for Wells Fargo Bank?

4 A. No.
5 Q. For that matter, with regard to your signing
6 authority on behalf of MERS, was there any difference
7 between how you carried out your authority with being
8 able to sign documents on behalf of MERS versus Wells
9 Fargo Bank?
10 MS. HILL: I’m going to object to the form.
11 A. I’m sorry. Rephrase, please.
12 Q. Okay. In executing an assignment of mortgage
13 on behalf of Wells Fargo Bank pursuant to the Limited
14 Power of Attorney, when you would do that, did that
15 differ in any way from when you would execute them and
16 an assignment of mortgage on behalf of MERS?
17 A. No.
18 MS. HILL: Object to the form.
19 Q. Okay. Are you still — do you still have
20 signing authority on behalf of MERS?

21 A. I don’t know.
22 Q. You don’t know?
23 A. No, sir.
24 Q. Okay. Did MERS pay you for executing
25 assignments of mortgages?

1 A. No.
2 Q. Okay. Approximately, how many assignments of
3 mortgages would you execute on behalf of Wells Fargo
4 Bank?
5 A. I have no —
6 MS. HILL: Object to the form.
7 A. I don’t know.
8 Q. Okay. Going back to Exhibit A, it says that
9 Mark Wooton, Vice President of Loan Documentation,
10 granted this Limited Power of Attorney.
11 Did you ever meet Mark Wooton?
12 MS. HILL: I’m going to object to the form
13 only to the extent that Mark Wooton signed the
14 Limited Power of Attorney, I don’t know if signing
15 it is the same thing as granting it or if there is
16 a distinction. But to that extent, I’m objecting
17 to the question.
18 Q. Mark Wooton signed the Limited Power of
19 Attorney. Did you ever meet Mark Wooton?
20 A. Not that I recall.
21 Q. Okay. Are you aware of whether he was
22 authorized to sign this Limited Power of Attorney?
23 A. No. I don’t know.
24 Q. Okay. Did you report to anyone directly at
25 Wells Fargo Bank?

1 A. No.
2 Q. Did you receive directions to execute an
3 assignment of mortgage directly from Wells Fargo Bank?
4 MR. GANO: I’m going to object base upon
5 attorney-client privilege, any specific
6 instruction she obtained regarding this case or
7 any other cases.
8 Q. Without divulging privileged information.
9 A. We did have a procedure that under certain
10 circumstances, yes, we were directed to prepare the
11 assignments.
12 Q. Okay. Could you, I guess, describe the
13 procedure for when you would be directed, without
14 divulging attorney-client privileges?
15 A. Yes. When our client referred in the
16 mortgage referral.
17 Q. Okay.
18 A. It could be the owner or it could be the
19 servicer. In this particular case with Wells Fargo,
20 they sent in the referral. They indicated that they
21 were the servicer for the new owner, which I believe was
22 HSBC, and indicated that HSBC was the proper owner and
23 holder of the note.
24 In that event of record, Wells was the last
25 of-record owner and holder of the note; therefore, we

1 were to effectuate the assignment of mortgage prepared
2 and executed on behalf of Wells Fargo.
3 Q. Okay. What type of documents would you rely
4 upon to determine that aside from just the referral
5 stating that HSBC Bank was, I guess, the owner of the
6 note; what other documents would you rely upon to
7 ascertain that?
8 A. That HSBC was the owner?
9 Q. Yes.
10 A. We relied on our client’s referral indicating
11 that they had sold it to HSBC.
12 Q. Okay. Was there any other information that
13 you can recall?
14 A. Not that I recall.
15 Q. Okay. So going back to the referral, the
16 determination to execute an assignment of mortgage then
17 would be sent to you by Wells Fargo in a case like this
18 — in this case?
19 MR. GANO: Object to the form.
20 A. I’m sorry. I don’t quite understand that
21 question.
22 Q. Okay. Wells Fargo directed you to execute
23 the assignment of mortgage in this case?
24 MR. GANO: Again, I’m going to object based
25 upon any specific information given as

1 attorney-client privilege.
2 Q. Without divulging attorney-client privilege.
3 A. Under the procedure we had, yes.
4 Q. Okay.
5 A. Correct.
6 Q. Okay. And how would the referral — how was
7 the referral sent?
8 A. I’m not positive. It varied. I believe it
9 was electronic.
10 Q. Okay. And in situations where the — would
11 you ever rely upon the note to determine who to execute
12 an assignment of mortgage to?
13 A. Rely upon the note?
14 Q. The note, the promissory note.
15 A. A copy or the original?
16 Q. Copy, original, any fashion, the promissory
17 note?
18 A. No.
19 Q. Okay. So whether or not the note was lost at
20 the time of the referral would not impact your execution
21 of the assignment of mortgage?
22 A. No.
23 Q. Okay. How would you receive a promissory
24 note then from the plaintiff or whoever referred the
25 case to you?

1 A. Typically, they would mail the original
2 documents to our office.
3 Q. Do you recall if it would be mailed by any
4 sort of certified mail or return receipt; would you sign
5 for anything?
6 A. I don’t know. It didn’t come to me directly.
7 Q. And in cases such as this where Wells Fargo
8 would send the referral to you and state that they were
9 the servicer, what type of information would you review
10 to ascertain that they were, in fact, the servicer?

11 MR. GANO: Object to the form, and object to
12 any specific information, again, on this
13 particular referral.
14 Q. Without divulging privileged information.
15 A. We just relied on them indicating that they
16 were the servicer —

17 Q. Okay.
18 A. — who the plaintiff was to be.

See Deposition/Transcript below

[ipaper docId=40930400 access_key=key-14tbucc5ecqz7e01ho05 height=600 width=600 /]

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What can be done about the backlog of foreclosure cases in Palm Beach County (and other Florida counties)? By Lynn Szymoniak ESQ.

What can be done about the backlog of foreclosure cases in Palm Beach County (and other Florida counties)? By Lynn Szymoniak ESQ.


BACKLOG

1. Dismiss all cases filed after February 11, 2010, that do not include a verification in accordance with the Florida Supreme Court revised  rules of Civil Procedure.   The big foreclosure firms, particularly the Law Offices of David Stern, are choosing to ignore the rule requiring verifications.  All parties should be required to follow the rules.

2. Dismiss all of the cases where the plaintiff is a bank “as Trustee” but the name of the trust is not disclosed.  Failure to identify the actual trust is one of the newest strategies of the foreclosure mills.  The trust, not the trustee, is the real party in interest.

3. Dismiss all of the cases where the complaint is not signed by the attorney whose name appears on the pleading.  The big foreclosure firms in thousands of cases have someone other than the attorney on the pleading sign “for” the attorney who drafted the pleading.  This is done so that both attorneys can deny responsibility.

4. Dismiss all of the cases that include these boilerplate allegations by the bank or trust: “We own the note. We had possession of the note. We lost the note.”  These allegations appear in over 20,000 cases.  By now it is apparent this is a ruse – no one actually lost 20,000 mortgages and notes. Frauds upon the courts should not be tolerated.

5. Dismiss all of the cases that include a Mortgage Assignment that was signed by an employee of the foreclosure mill law firm signing as a MERS officer.  This would include thousands of cases where Cheryl Samons and Beth Cerni, administrative employees for David Stern, signed as a representative of the GRANTOR when the firm was actually working for the GRANTEE.  This would also include cases where Patricia Arango and Caryn Graham, two associates working for The Law Offices of Marshall C. Watson, signed as MERS officers.  This would also include all cases where Christopher Bossman, an administrative employee in the Daniel Consuegra fiirm, signed as a MERS officer.  This would also include all cases where officers of Florida Default Law Group signed as MERS officers. In all of these cases, no disclosure was made to the Court or to the homeowner/defendants that the Assignments were prepared by law firm employees with no knowledge of the truth of the matters asserted therein.

6. Dismiss all of the cases where a Mortgage Assignment was signed by Jeffrey Stephan of GMAC (notarized in Montgomery County, PA).  Stephan has already admitted in sworn testimony that a notary was NOT present when he signed mortgage assignments, even though the Assignments contained a contrary statement.

7. Dismiss all of the cases where the documents were prepared by employees of Lender Processing Services since this company has already admitted in its Annual Statement with the SEC that investigations, internal and otherwise, revealed problems with the documents that were so significant that the company implemented a “remediation” program (and in January, 2010, laid off most of its employees in Alpharetta, GA. Until this company discloses which documents were determined to be defective, and what corrective actions were taken, no documents from LPS submitted to establish ownership and standing (notarized in Fulton County, GA; Duval County, FL and Dakota County, MN) should be relied upon by the Courts.

8. Dismiss all cases where a Mortgage Assignment has been made by American Brokers Conduit, American Home Mortgage Acceptance or American Home Mortgage Company, or nominees or mortgage servicing companies working for these American Home companies, after August 6, 2007, the day these companies filed for bankruptcy.  The bankruptcy court did not authorizing these actions.

If Palm Beach County judges looked critically at the documents submitted by the foreclosure mills,  they would reach the same conclusion as judges in other Florida Circuits – that the documents submitted by the foreclosure mills are worthless and the attorneys submitting these documents deserve strict sanctions.

LYNN E. SZYMONIAK ESQ.

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Posted in concealment, conspiracy, corruption, DOCX, foreclosure fraud, foreclosure mills, fraud digest, Law Offices Of David J. Stern P.A., Lender Processing Services Inc., LPS, Lynn Szymoniak ESQ, marshall watson, MERS, mortgage electronic registration system, MORTGAGE ELECTRONIC REGISTRATION SYSTEMS INC., Mortgage Foreclosure Fraud, note, robo signer, robo signers, stop foreclosure fraudComments (0)


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