After all, Sharon Horstkamp has served as Vice President, Secretary and General Counsel.

Market Watch-

Putting that same proven leadership to work, Skalka will relocate to Virginia to join Mortgage Electronic Registration Systems (MERS®) as their General Counsel. MERS operates an electronic registry of mortgage loan servicing rights and ownership, and is presently addressing the challenging issues associated with foreclosures and mortgage record holding, areas in which Skalka’s background and knowledge is uniquely suited.

Skalka joined Stewart in 1988 as the founding president of our New York subsidiary, Stewart Title Insurance Company (STIC). Shortly thereafter, in the early 1990s, he helped establish our operations in the United Kingdom, and then relocated from New York to Houston in 1993 to serve as executive vice president and general counsel until 2005.

[MARKET WATCH]

Remarks of R.K. Arnold
President and CEO of MERSCORP, Inc.
Before the
Subcommittee on Housing and Community Opportunity
House Financial Services Committee
November 18, 201

Excerpts:

The MERS database is important to individual borrowers because it provides a free and
accessible resource where borrowers can locate their servicers, and in many cases, learn who
their note-owner is as they change over time.

<SNIP>

To do this, MERS relies on specially designated employees of its members, called
certifying officers, to handle the foreclosure. To be a MERS certifying officer, one must be an
officer of the member institution who is familiar with the functions to be performed, and who
has passed an examination administered by MERS. Generally, these are the same individuals
who would handle the foreclosure if the lender was involved without MERS.

In my opinion if this is a correct statement than without reading into the rest we have a problem because you see in the image below these are not designated employees or officer of the “member institution”…but were or are employees of LPS. Not to mention the obvious issues. I am not an attorney.

continue reading…

[ipaper docId=43150268 access_key=key-so7aqstunj2ovylpk4q height=600 width=600 /]

Testimony of Mr. R.K. Arnold, 11/16/2010
Senate Banking, Housing and Urban Affairs Committee

Excerpt:

Under the corporate law in Delaware (where MERS is incorporated), there is no requirement that an officer of a corporation also be an employee of that corporation. A corporation is allowed to appoint individuals to be officers without having to employ those individuals or even pay them. This concept is not limited to MERS. Corporations cannot operate without officers; they can and often do operate without employees. It is not uncommon for large organizations to have all its employees employed by an operating company and for those employees to be elected as officers of affiliated companies that are created for other purposes (all corporations are required by law to have officers to act for it). Even for loans where MERS is not the mortgagee, employees of the servicer are generally delegated the power to take actions (e.g., initiate foreclosures) and execute documents (e.g., lien releases and assignments) on behalf of the owner of the loan (and the servicer, in turn, may further delegate such authority to a third-party vendor).

<SNIP>

If the note-owner chooses to have Mortgage Electronic Registration Systems, Inc. foreclose, then the note-owner endorses the note in blank (if it has not already done so), making it bearer paper, and grants possession of the note to a MERS certifying officer. This makes MERS the noteholder. Since MERS is already the mortgagee in the land records, MERS is now able to legally begin the foreclosure process on behalf of the note-owner.

SFF is in search of “THE AGREEMENT” that might exist between “MERS” and “NOTE-OWNER”, might be an actual Trust or Trustee. But this is not in public records.

[ipaper docId=43143773 access_key=key-nawp01jx313c77qeisq height=600 width=600 /]

Sorry about the quality…had to go with what I had at the time.

NOTE: Mr Arnold said there is 20,000 who sign 7 documents but not in this clip.

• Ms. Diane E. Thompson Counsel National Consumer Law Center
• Mr. R. K. Arnold President and CEO Mortgage Electronic Registration Systems, Inc

I wish I could have recorded this on HD so everyone can witness some of the lies the Bank Reps were telling. They are really out of touch with reality.

At one point when JPMorgan’s David Lowman began to speak some attendees stood up and yelled, then escorted out the room after a brief pause.

__

__

<SNIP>

SHELBY: I CAN SEE WHO OWNS THE MORTGAGE?

ARNOLD: There is no assignment if MERS is the Mortgagee

SHELBY: THATS WHERE I’M GETTING…

…

Can’t type fast…so you can make do!

Problems in Mortgage Servicing From Modification to Foreclosure

Tuesday, November 16, 2010

02:30 PM – 05:00 PM

538 Dirksen Senate Office Building

The witnesses will be: The Honorable Tom Miller, Attorney General, State of Iowa; Ms. Barbara J. Desoer, President, Bank of America Home Loans; Mr. David Lowman, CEO, Chase Home Lending; Mr. Adam J. Levitin, Associate Professor of Law, Georgetown University Law Center; and Ms. Diane Thompson, Counsel, National Consumer Law Center. Additional witnesses may be announced at a later date.

LINK

Caveat: Check Committee website for updates:
http://banking.senate.gov/public/index.cfm?FuseAction=Hearings.Hearing&Hearing_ID=df8cb685-c1bf-4eea-941d-cf9d5173873a

Per website: “Note: All hearings are webcast live on our website.”

Problems in Mortgage Servicing From Modification to Foreclosure

Tuesday, November 16, 2010

03:15 PM – 06:00 PM

538 Dirksen Senate Office Building
The witnesses will be: The Honorable Tom Miller, Attorney General,

State of Iowa; Ms. Barbara J. Desoer, President, Bank of America Home

Loans; Mr. David Lowman, CEO, Chase Home Lending; Mr. Adam J. Levitin,

Associate Professor of Law, Georgetown University Law Center; and Ms.

Diane Thompson, Counsel, National Consumer Law Center. Additional

witnesses may be announced at a later date.

Add To My Calendar (vCal)
Witnesses

Panel 1

• Honorable Tom Miller Attorney GeneralState of Iowa
• Ms. Barbara Desoer President Bank of America Home Loans
• Mr. David Lowman CEO Chase Home Lending
• Mr. Adam J. Levitin Associate Professor of Law Georgetown University Law Center
• Ms. Diane E. Thompson Counsel National Consumer Law Center
• Mr. R. K. Arnold President and CEO Mortgage Electronic Registration Systems, Inc

Please submit documents that have been signed by any attorney from The Law Offices of David J. Stern located in Florida. I am collecting the signatures.

Can be any of the following:

• Lis Pendens
• Assignments
• Affidavits
• Complaint
• Pleadings

Thank you in advance.

Click Envelope to Upload Documents

Or Info at stopforeclosurefraud.com

Fast forward it’s getting much worse! Where are our rights heading??

ARTICLE: Lassiter Notwithstanding: The Right to Counsel in Foreclosure Actions

January / February, 2010

43 Clearinghouse Rev. 448

Author

Excerpt

The shortage of legal assistance during this crush of “foreclosure actions” compounds the due process concerns: no state provides a statutory right to counsel in any foreclosure proceedings, and consequently more than half of foreclosed homeowners are handling their cases without counsel. ⁴ Yet having an attorney is critical: while even a delinquent borrower may have a variety of options (e.g., mediation, modification, relief under federal law, various state-law claims and defenses) only an attorney can evaluate the options properly and advise the homeowner as to the most efficacious strategy.

Establishing a Fourteenth Amendment right to counsel in foreclosure actions requires an advocate to contend with the U.S. Supreme Court’s decision in Lassiter v. Department of Social Services. ⁵ Where there is no threat to “physical liberty,” by which the Court meant incarceration, …