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Bank of America, MERS Ask Court to Dismiss Texas Counties’ Mortgage Suit

Bank of America, MERS Ask Court to Dismiss Texas Counties’ Mortgage Suit


More kool-aid drinking… Are they for real?


Bloomberg-

Mortgage Electronic Registration Systems Inc. and Bank of America Corp. asked a court to dismiss a lawsuit brought by Texas counties accusing MERS of filing false claims in property records.

The counties allege Merscorp Inc.’s MERS was established by lenders including Bank of America to avoid paying filing fees as well as to ease mortgage transfers. The Texas Legislature approved of MERS’s appearance as a mortgagee in filings in county land records, the defendants said in a filing March 9 in federal court in Dallas.

“No false, fraudulent or otherwise wrongful activity occurred by filing security instruments naming MERS as beneficiary or mortgagee,” MERS and the bank said in their motion to dismiss. “There is no duty to record assignments, or other documents, since Texas’s property recording system is permissive not mandatory.”

[BLOOMBERG]

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Houston’s County Joins Texas Suit Seeking $10 Billion From MERS, Banks

Houston’s County Joins Texas Suit Seeking $10 Billion From MERS, Banks


BLOOMBERG-

Harris County Texas, which includes the city of Houston, won a bid to join a group lawsuit seeking damages from the Mortgage Electronic Registration Systems Inc., Bank of America Corp. and Stewart Title Co.

U.S. District Judge Reed C. O’Connor allowed Harris and nearby Brazoria County (66583MF) to enter the case that could result in payouts of a much as $10 billion for all Texas counties, according to court papers filed by the plaintiffs.

[BLOOMBERG]

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Judges Rule Against MERS Attempt to Move Dallas Lawsuit

Judges Rule Against MERS Attempt to Move Dallas Lawsuit


Think about why MERS would want this case moved? Do they have a connection there? hmmm

National Mortgage News-

A federal judicial panel denied a motion to include the Dallas County district attorney’s lawsuit against Merscorp in the ongoing multidistrict litigation against the private loan registry in Phoenix.

In its motion, Merscorp, the Reston, Va.-based parent company of the Mortgage Electronic Registration Systems, argued the claims in the Dallas County case are common with the other MDL cases and meet the panel’s requirements that consolidation would promote the convenience and “just and efficient conduct of the action.” But the judicial panel ruled there are important distinctions between the MDL and Dallas County cases.

“Most importantly, all existing MDL actions were brought by homeowners or borrowers who brought suit concerning their impending or completed foreclosure. In contrast, Dallas County involves the propriety of the MERS system’s failure to pay recordation fees under Texas’s recording statutes,” the judges’ order reads.

[NATIONAL MORTGAGE NEWS]

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MERS lost its petition for review to the Texas Supreme Court: MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., AS NOMINEE FOR GREENPOINT FUNDING v. NANCY GROVES

MERS lost its petition for review to the Texas Supreme Court: MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., AS NOMINEE FOR GREENPOINT FUNDING v. NANCY GROVES


Here is the Link: http://www.supreme.courts.state.tx.us

ORDERS ON PETITIONS FOR REVIEW

THE FOLLOWING PETITIONS FOR REVIEW ARE DENIED:

11/ 0555

MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., AS NOMINEE FOR GREENPOINT FUNDING v. NANCY GROVES; from Harris County; 14th district (14/10/00090/CV, ___ SW3d ___, 04/12/11)

In The
Fourteenth Court of Appeals

NO. 14-10-00090-CV

MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., AS NOMINEE FOR GREENSPOINT FUNDING, Appellant

V.

NANCY GROVES, Appellee

On Appeal from the 334th District Court
Harris County, Texas
Trial Court Cause No. 2009-29112

EXCERPT:

A justiciable controversy between the parties must exist at every stage of the legal proceedings. Williams v. Lara, 52 S.W.3d 171, 184 (Tex. 2001). We cannot decide moot controversies. Nat’l Collegiate Athletic Ass’n v. Jones, 1 S.W.3d 83, 86 (Tex. 1999). In order to maintain a suit to quiet title, there must be an assertion by the defendant of a claim to some interest adverse to plaintiff‘s title; and the claim must be one that, if enforced, would interfere with the plaintiff‘s enjoyment of the property. Mauro v. Lavlies, 386 S.W.2d 825, 826–27 (Tex. Civ. App.—Beaumont 1964, no writ) (internal quotation omitted) (no justiciable controversy existed because the judgments defendants obtained against plaintiffs asserted no claims against plaintiffs‘ property and defendants made no attempt to create a lien upon property or to have property sold to satisfy judgments).

Groves alleged in her petition that MERS‘s deed of trust purported to create a lien for security purposes on Plaintiff‘s property as described.? This alleged lien constitutes an adverse interest to Groves‘s title, which, if enforced, would interfere with her enjoyment of the property. See id. Therefore, a justiciable controversy existed, and the trial court had subject matter jurisdiction over the case. See Williams, 52 S.W.3d at 184; Mauro, 386 S.W.2d at 826–27.4

We overrule MERS‘s second issue.

CONCLUSION

Having overruled both of MERS‘s issues on appeal, we affirm the trial court‘s judgment.

[ipaper docId=75185563 access_key=key-2l0ldzmnx90teki0jlle height=600 width=600 /]

 

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Nueces County, Texas could join lawsuit over lost filing fees against BofA, MERS

Nueces County, Texas could join lawsuit over lost filing fees against BofA, MERS


Not could, SHOULD!


Caller-

Nueces County could join a group of Texas counties suing Bank of America and a related corporation over unpaid courthouse filing fees.

Nationwide, counties are claiming that a mortgage database created by banks is cheating the counties out of billions of dollars in filing fees.

Dallas County is leading the charge with a class-action suit against the bank and Mortgage Electronic Registration Systems Inc. Dallas County District Attorney Craig Watkins told NPR his county has lost about $100 billion in filing fees.

[CALLER]

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County clerks warn that private home loan registry may cloud titles to thousands of Central Texas homes

County clerks warn that private home loan registry may cloud titles to thousands of Central Texas homes


We know for a fact and the government knows for a fact that if MERS is on your documents, a cloud also exists.

Their “quick fix” might come as simple as accepting a modification, principal reduction or a refi, to cover this all up and creating new paper.

If any of your new docs have MERS or a like, what have you done again?

 

Statesman-

The ownership of tens of thousands of Central Texas home loans could be in question because of the actions of a national private registry that officials say has sidestepped the filing of proper documents with county clerks, the American-Statesman has learned.

The Mortgage Electronic Registration System was created in the 1990s by 3,000 of the nation’s largest lenders to “streamline the mortgage sale process by using e-commerce to replace paperwork,” according to the company’s website.

In recent years, the Virginia-based registry has exploded across the U.S. as mortgages increasingly were bundled and sold as commodities in rapid churn to investors.

[STATESMAN]

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Mortgage Registry “MERS” Accused of Owing El Paso County Millions; Will County Sue?

Mortgage Registry “MERS” Accused of Owing El Paso County Millions; Will County Sue?


Here’s exactly where the issue always was, Counties are being cheated from their cut and in return schools, government agencies and tax payers suffer. This was nothing more than a wall street “self stimulus”, “bailout” from the get go.

What Universal Law exist permitting MERS? A self made Wall Street Law.

Besides this all, MERS can’t even keep track of who owns what. MERS is not a nominee and not a beneficiary because it never loaned One Cent.

KTSM-

EL PASO – Between record home foreclosures and devastating budget cuts, El Paso County has seen a rough couple of years recently. We usually think of these crises as separate, but some argue there’s a common link between these challenges, that lies with a company known as Mortgage Electronic Registration Systems, or MERS.

El Paso County is in a foreclosure crisis. According to the real estate information company, CoreLogic, more than 5,000 homes have gone into foreclosure since the recession began in late 2007.

Attorney Richard Roman has represented dozens of homeowners in foreclosure cases; he argues the real problem is MERS (Mortgage Electronic Registration Systems).

[KTSM]

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Brad Gana’s Texas Home, Destroyed By Hurricane Ike, Faces Foreclosure [WATCH]

Brad Gana’s Texas Home, Destroyed By Hurricane Ike, Faces Foreclosure [WATCH]


Even those that continue to make payments on a house that no longer exists aren’t immune to foreclosure.

Brad Gana, of Seabrook, Texas is being threatened with foreclosure over a home that hasn’t existed since it was destroyed by Hurricane Ike in 2008, local Houston 2 News reports. Furthermore, after the hurricane, which cost the Texas shoreline an estimated $11 billion in damages, reduced the property to an empty slab of concrete, Gana alleges he continued to make payments.

In the meantime, Bank of America, the mortgage lender, took out a forced homeowner’s policy on the property and raised monthly payments. Gana, however, says he was never notified of the change since his mailbox was destroyed by what’s come to be known as the third-most destructive hurricane ever to hit the United States.

[HUFFINGTONPOST]

 

 

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Dallas County DA’s office expands lawsuit against MERS into class action involving other Texas counties

Dallas County DA’s office expands lawsuit against MERS into class action involving other Texas counties


Oh my, this is getting very interesting. Now who is going to pay for MERS’ attorney fees? Oops there isn’t anyone. Where will the Counties get the money they claim? The lenders? Shareholders?

We’re talking in excess of Billions and Billions if every state files one of these for every county. This is going to get interesting very quick.

Dallas News-

The Dallas County District Attorney’s office said Tuesday in a press release that it expanded its lawsuit against the Mortgage Electronic Registration System and its parent company to a class action lawsuit that includes other counties.

It was not clear Tuesday afternoon which other counties were involved.

[DALLAS NEWS]

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Houston’s County Will Ask Texas Attorney General to Investigate Suing MERS

Houston’s County Will Ask Texas Attorney General to Investigate Suing MERS


It’s quite easy because most information is already on this site.

It’s so simple and no tax dollars will go to waste…. Trust me.

Bloomberg-

The Texas county that includes Houston will ask the state attorney general to investigate suing Mortgage Electronic Registration Systems Inc. over unpaid filing fees on behalf of all the counties in Texas, an official said.

“If this is something that affects county government all over the state, why isn’t the state attorney general pursuing it?” Harris County Judge Ed Emmett said in an interview today. Emmett is a member of the Harris County Commissioners Court and the highest elected official of the county.

[BLOOMBERG]

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Bexar County, Texas to Sue MERS Over Lost Fees, Jeopardizing Homeowner’s Clear Title

Bexar County, Texas to Sue MERS Over Lost Fees, Jeopardizing Homeowner’s Clear Title


“MERS has jeopardized the clear title of every Texas homeowner with a mortgage and has cheated Texas counties out of millions of dollars in property recording fees,”

– County Attorney Vince Ryan

My San Antonio-

Bexar County is poised to challenge a private mortgage-tracking system that officials claim has cost it millions of dollars in filing fees.

The district attorney’s office will ask the Commissioners Court at its Nov. 1 meeting for the go-ahead to hire a law firm to sue Mortgage Electronic Registration Systems Inc., which claims to hold title to some 60 million loans around the country.

[MY SAN ANTONIO]

 

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County Lawsuit Against Filing Company MERS

County Lawsuit Against Filing Company MERS


MyFoxHouston-

HOUSTON – It was a simpler time when Edward Mahar bought his home in 1980. He has lived there ever since in southwest Houston.

“It was procedurally easy and we had a Realtor involved and basically the process was getting bank approval to buy the property,” says Mahar.

There were no mortgage swaps or complex transactions in the financial market that could leave your head spinning as is the case currently. For years, he knew exactly who held the note on his property.

“Since two years ago, everything is complicated,” says Mahar.

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Missing links in the chain of ownership lead to some foreclosure postings being challenged in Texas

Missing links in the chain of ownership lead to some foreclosure postings being challenged in Texas


MERS, LPS, MERS, LPS everywhere is MERS or LPS…

This involves Tywanna Thomas, who we all know worked for Lender Processing Services’ DocX. We learned a lot from the deposition of Cheryl Denise Thomas aka Tywanna’s Mother who also worked with her.

My San Antonio-

Ezequiel Martinez, a San Antonio real estate investor who helps homeowners avoid foreclosure, recently found himself in the same predicament as his clients.

Rather than simply fight to stop the foreclosure on his Live Oak investment home, Martinez filed suit against his lender, saying the mortgage should be voided because of phony loan documents and because he doesn’t think the bank can prove it owns the mortgage note.

If Martinez wins the case, he just might be done making mortgage payments on the house at 7502 Forest Fern.

“We’re not trying to get a free house,” he explained. “We’re trying to save the house from foreclosure fraud.”

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Texas County’s Lawyers to Ask Permission to File MERS Suit

Texas County’s Lawyers to Ask Permission to File MERS Suit


In case anyone hasn’t noticed but lately there is a PR move supporting MERS…but those moves will not help once every county in the US wakes up and begins to sue the machine.

 

Bloomberg-

Attorneys for the Texas county that includes Houston will seek permission Tuesday to hire outside counsel to sue Mortgage Electronic Registration Systems Inc. over unpaid mortgage-filing fees.

The plan was posted today on the agenda for the Harris County Commissioners Court, the governing body for the county. County attorneys will hire the same law firm, Malouf & Nockels, that handled a similar lawsuit filed by Dallas last month, County Attorney Vince Ryan said in an interview today.

The Dallas County District Attorney’s lawsuit claimed Merscorp Inc.’s MERS, which runs an electronic registry of mortgages, cheated the county out of tens of millions of dollars in uncollected filing fees. MERS tracks servicing rights and ownership interests …

[BLOOMBERG]

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Texas Homeowners File Class Action Against Wells Fargo Alleging Constitutional Violations, Home Equity Loan Modifications

Texas Homeowners File Class Action Against Wells Fargo Alleging Constitutional Violations, Home Equity Loan Modifications


IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF TEXAS
AUSTIN DIVISION

DAVID A. HAWKINS, and TRACY J.
HAWKINS, on behalf of themselves
and all others similarly situated,
Plaintiffs

v.

WELLS FARGO BANK, N.A.,
Defendant

Excerpt:

Defendant made Texas home equity loan modifications that did one or
more of the following in violation of the Texas Constitution’s homestead protection
provisions: (1) turned past-due interest into new principal; (2) featured a loan-to-value
ratio to a figure above 80%; and (3) failed to include mandatory disclosures concerning
the protections afforded by the Texas Constitution concerning home equity loans. These
problems are unique to home equity loans, as opposed to original purchase-money
mortgage loans, which are not at issue in this case.

[ipaper docId=67791304 access_key=key-qngqi8undph35k0whfc height=600 width=600 /]

 

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DISMISSED: Illinois Judge Finds One Glitch (MERS NOMINEE), HSBC and Its Counsel Jointly Face A Fine

DISMISSED: Illinois Judge Finds One Glitch (MERS NOMINEE), HSBC and Its Counsel Jointly Face A Fine


IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF ILLINOIS
EASTERN DIVISION

HSBC BANK USA, N.A., as Trustee,
etc.,
Plaintiff,

v.

ROBERT GRAD, et al.,
Defendants.

MEMORANDUM OPINION AND ORDER

This action is part of the current cottage industry of
mortgage foreclosures that have been flooding this District Court
(like other courts around the country, no doubt). This Complaint
To Foreclose Mortgage adheres to the kind of pattern consistently
followed by the mortgagee’s counsel in the numerous cases filed
by that counsel’s office–but one glitch in the current filing
has triggered the sua sponte issuance of this memorandum opinion
and order.

As with all complaints that seek to invoke federal subject
matter jurisdiction on diversity of citizenship grounds,
Complaint ¶¶3 through 5 address the citizenship of the parties.
Those allegations are unexceptionable except as to the party
defendant referred to in this fashion in Complaint ¶5:

MORTGAGE ELECTRONIC REGISTRATION SYSTEM INC., AS A
NOMINEE FOR DHI MORTGAGE COMPANY, LTD.-is a limited
partnership organized under the laws of Texas and
having its principal place of business in Texas. The
listed partner for DHI Mortgage Company, Ltd. Is DHI
Mortgage Company GP, Inc. which is a corporation
incorporated in Texas and having its principal place of
business in Texas. MERS is its Nominee.

That clearly does not do the job, for it has been firmly
established for more than two decades (see Carden v. Arkoma
Assocs., 494 U.S. 185, 192-96 (1990)) that where a partnership
(even a limited partnership) is named as a “party” to a lawsuit,
the relevant citizenship for federal diversity purposes is that
of all partners and not merely the “listed partner” (whatever
that means). That principle has been reiterated time and again
(see such cases as Smart v. Local 702 Int’l Bhd. of Elec.
Workers, 562 F.3d 798, 803 (7th Cir. 2009), citing Carden and
Cosgrove v. Bartolotta, 150 F.3d 729, 731 (7th Cir. 1998)).

For a good many years this Court was content simply to
identify such failures to the lawyers representing plaintiffs in
pursuance of its mandated obligation to “police subject matter
jurisdiction sua sponte” (Wernsing v. Thompson, 423 F.3d 732, 743
(7 Cir. 2005)). But there is really no excuse for counsel’s
present lack of knowledge of such a long-established principle.
Hence it seems entirely appropriate to impose a reasonable cost
by reason of counsel’s failing.

Accordingly not only the current Complaint but also this
action are dismissed (cf. Held v. Held, 137 F.3d 998, 1000 (7th
Cir. 1998)), with plaintiff and its counsel jointly obligated to
pay a fine of $350 to the District Court Clerk if an appropriate
Fed. R. Civ. P. 59(e) motion were hereafter to provide the
missing information that leads to a vacatur of this judgment of
dismissal. Because this dismissal is attributable to the lack 1
of establishment of federal subject matter jurisdiction, by
definition it is a dismissal without prejudice.

 

___________________________
Milton I. Shadur
Senior United States District Judge

Date: September 28, 2011

Footnote
________________________________________
1 That fine is equivalent to the cost of a second filing
fee, because a new action would have to be brought if the defect
identified here turns out to be curable.

[ipaper docId=67235816 access_key=key-2mhyqf9h7wws2kzww5q9 height=600 width=600 /]

 

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Bank of America Suit May Be ‘New Front’ in Mortgage Suits, Lawyer Says

Bank of America Suit May Be ‘New Front’ in Mortgage Suits, Lawyer Says


Again, this is what I’ve been waiting for. As Professor Peterson says, “This case is scary because if Dallas wins then there are a lot of other counties around the country that are going to follow.” … And follow they will.

I already see them lining up one by one. You see just because you can develop a system and input data, doesn’t mean it relieves you from any responsibility of some 67+ million “errors”. They knew what they had from its inception.

BLOOMBERG-

Bank of America Corp. (BAC) is among a group of lenders that may face a wave of new lawsuits claiming the system they’ve used for more than a decade to register mortgages cheated cash-strapped counties out of millions of dollars.

Dallas County District Attorney Craig Watkins said state attorneys general and county officials across the U.S. have expressed interest in his lawsuit against Mortgage Electronic Registration Systems Inc. and Bank of America, filed in Texas state court on Sept. 21. Dallas County could be owed as much as $100 million in filing fees, he said.

[BLOOMBERG]

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Dallas County, Texas Sues BofA through MERS for over $2.8 billion

Dallas County, Texas Sues BofA through MERS for over $2.8 billion


Listen up carefully because this is what we’ve been waiting for. Only wished all shareholders were named but it’s all about strategy and taking one bite at a time!

I have posted about this doctrine HERE and HERE in hopes someone would pick up on this.

Abigail C. Field-

Dallas County has just filed this complaint seeking billions from Bank of America for the 285,000+ MERS documents recorded in the the Dallas County land records. Dallas calls MERS a fraud by design, and says MERS’s shareholders should be liable for MERS has done.

The complaint explains that in recorded mortgages and other documents, MERS claims to be a “beneficiary”, “mortgagee” and “grantee”, but that MERS is none of those things under the law of Texas for the past 100 years. As a result, the complaint says, all those documents are false. Texas law prohibits using a document with the “knowledge that the document is a fraudulent court record or fraudulent lien or claim against real…property or an interest in real…property”

[REALITY CHECK]

image: mooncostumes

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DALLAS COUNTY, TEXAS vs. MERSCORP, MERS – District Attorney (DA) Craig Watkins Delivers w/ an ALTER-EGO!

DALLAS COUNTY, TEXAS vs. MERSCORP, MERS – District Attorney (DA) Craig Watkins Delivers w/ an ALTER-EGO!


DALLAS COUNTY, TEXAS,
PLAINTIFF,

vs.

MERSCORP, INC.; MORTGAGE ELECTRONIC
REGISTRATION SYSTEMS, INC.; STEWART TITLE
GUARANTY COMPANY; STEWART TITLE
COMPANY; BANK OF AMERICA, NATIONAL
ASSOCIATION; AND ASPIRE FINANCIAL, INC.
D/B/A TEXASLENDING.COM,
DEFENDANTS

EXCERPTS:

III.
AGENCY AND CORPORATE VEIL/ALTER-EGO
10. At all times material hereto, each Defendant was acting by and through its actual,
apparent, ostensible, or by estoppel agents and/or employees.

11. Plaintiff moves the Court pierce the MERSCORP and MERS corporate veils and
impose liability upon Defendants Stewart and BOA as shareholders in MERSCORP for the
activities of MERSCORP and MERS alleged herein. Recognizing the corporate existence of
MERSCORP and MERS separate from their shareholders, including Stewart and BOA, would
cause an inequitable result or injustice, or would be a cloak for fraud or illegality. MERSCORP
and MERS were undercapitalized in light of the nature and risk of their business. The corporate
fiction is being used to justify wrongs, as a means of perpetrating fraud, as a mere tool or
business conduit for others, as a means of evading existing legal obligations, to perpetrate
monopoly and unlawfully gain monopolistic control over the real property recording system in
the State of Texas, and to circumvent statutory obligations.

[…]

[ipaper docId=65706643 access_key=key-27u85ehk2tb3tgsqsseg height=600 width=600 /]

 

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Dallas County D.A. Craig Watkins takes on Wall Street with MERS lawsuit

Dallas County D.A. Craig Watkins takes on Wall Street with MERS lawsuit


There could be $50-$100 MILLION in unfiled fees due to Dallas County!

PegususNews-

In an interview with Dallas South News, Dallas County District Attorney Craig Watkins says he plans to file a lawsuit against a company representing organizations who he says owes the county millions of dollars.

A group of private attorneys is working with the county on a claim against Mortgage Electronic Registration Systems (MERS) who they say has avoided paying county fees. The suit will be filed in Dallas County District Court sometime next week.

[PEGUSUS NEWS]

Anyone catches the complaint please send. Thank you.

 

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TX District Attorney Craig Watkins to Explore Possible Claims against Mortgage Electronic Registration Systems, Inc. (MERS)

TX District Attorney Craig Watkins to Explore Possible Claims against Mortgage Electronic Registration Systems, Inc. (MERS)


Dallas South News-

Today Dallas County District Attorney (DA) Craig Watkins announced that the DA’s office is considering asserting claims against Mortgage Electronic Registration Systems, Inc. (MERS) for the possible loss of millions in revenues to Dallas County.

MERS, a subsidiary of MERSCORP, Inc., was established and is owned by banks and members of the mortgage finance industry.  MERS was established to act as a shadow recording system for the millions of mortgages in the United States and facilitate the buying and selling of mortgage rights as commodities.

[DALLAS SOUTH NEWS]

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CitiMortgage Sued by Iraq War Veteran Over Home Foreclosure

CitiMortgage Sued by Iraq War Veteran Over Home Foreclosure


BLOOMBERG

A Citigroup Inc. (C) unit was sued by an Iraq War veteran who claims the lender illegally foreclosed on his home while he was on active military duty.

Jorge Rodriguez, a U.S. Army sergeant, claimed in a complaint filed today in federal court in Manhattan that he was in training in preparation for deployment to Iraq in 2006 when CitiMortgage filed a foreclosure suit against his home in Del Valle, Texas.

CitiMortgage lawyers falsely said in an affidavit that Rodriguez wasn’t on active service at the time, depriving him of protection under the Servicemembers Civil Relief Act, or SCRA, according to the complaint. Rodriguez is seeking to have the suit certified as a class action against CitiMortgage on behalf of other service members whose homes were foreclosed.

Continue reading [BLOOMBERG]

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