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Further,it appears that there is a conflict of interest in that MERS is both a plaintiff and defendant, at least as far as the original caption shows.


On November 7, 2007, Mortgage Electronic Registration Systems, Inc., (MERS), as nominee for Lend America, assigned the mortgage to Central Mortgage Company (CMC). The assignment states that November 10, 2006 mortgage was made by Defendant Caughman to MERS as nominee for Lend America.

The caption of the action lists MERS, ,as nominee for Lend America, as the plaintiff. Defendants are Sherri Caughman, MERS, as nominee for Lend America, John Doe and Jane Doe.

In this motion, plaintiff seeks an order striking Defendant Caughman’s answer; the appointment of a Referee to compute the amount due and owing and the amendment of the caption. The amended caption would substitute CMC as plaintiff, in place and instead of MERS, as nominee for Lend America. In the amended caption, Sherri Caughmann would remain as a defendant, MERS, as nominee for Lend America, would be added as a defendant and Mr. Caughman and Vicki Douglas were added as defendants.

In support of its motion, plaintiff argues that it is entitled to summary judgment because it has made out a prima facie case and that defendant’s answer does not show that there are any issues of fact which would warrant denial of its motion.

Defendants, in opposing the motion, contends that MERS has no standing, as a nominee, to bring action because its status as nominee is limited and does not give it the power to transfer or assign ownership rights in property on behalf of the party for which it is acting as nominee. They add that MERS has said that it is not in possession of the original promissory note and, as such it allegations are inconsistent with its exhibits. Thus, defendants conclude, this raises issues of fact.

Continuing, defendants conted that the mortgage and note involved here were issued in Violation of the Federal Truth in Lending Act in that plaintiff did not provide them with the disclosures required under 15USC1639(a)(1) and (a)(2)(A) and 12 CFR 226.32. These violations, say defendants, leaves them with a “continuing right” to rescind the deal, which they claim to do in their opposition.

Upon review, defendants’ motion is granted. Neither MERS nor CMC has shown that it had the mortgage and note at the time the action was commenced. Further,it appears that there is a conflict of interest in that MERS is both a plaintiff and defendant, at least as far as the original caption shows.

The parties are directed to appear before this court on May 4, 2010 at 9:30 am for a conference.

Dated: March 23, 2010


[ipaper docId=37722059 access_key=key-1akzldm7itgz0kpme1z9 height=600 width=600 /]

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Posted in chain in title, conflict of interest, conspiracy, CONTROL FRAUD, foreclosure, foreclosure fraud, foreclosures, lawsuit, MERS, mortgage, MORTGAGE ELECTRONIC REGISTRATION SYSTEMS INC., note, STOP FORECLOSURE FRAUD, Supreme Court, truth in lending actComments (3)

“FORECLOSURE” filmmakers seek true horror stories: RICHARD LENDES

“FORECLOSURE” filmmakers seek true horror stories: RICHARD LENDES

 Currently lensing in Queens, NY, FORECLOSURE is an independent genre feature that draws inspiration from the current, very real terrors of the housing crisis. And its makers are now inviting people who have experienced them first-hand to share their experiences.

Over at the movie’s official website, those who have gone through their own frightening foreclosures can contribute their stories (of around 500 words); the first 50 people to do so will win an official FORECLOSURE T-shirt. “We have set our film in a typical American town and on a block in which nearly every house sits vacant and bank-owned,” including the one pictured below, says writer/director Richard Ledes. “When our film is ready for release, we hope to involve those who have shared their stories in our marketing campaign.” FORECLOSURE is a ghost story that takes its cues not only from current concerns but American socio-economic history as well, and stars Michael Imperioli (pictured above), Wendell Pierce, Bill Raymond, Jeff Burchfield, Meital Dohan, Brandon Gill, Spencer List, Tristan Laurence Perez, William Stone Mahoney and Roger Robinson. The cinematographer is Frederic Fasano, who shot DO YOU LIKE HITCHCOCK?, MOTHER OF TEARS and GIALLO for Dario Argento.


RELATED STORY: TOPAKO LOVE; LAURA HESCOTT; CHRISTINA ALLEN; ERIC TATE …Officers of way, way too many banks Part Deux “The Twilight Zone”

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