State Supreme Court rules against MERS in mortgage foreclosure challenge
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A new state Supreme Court ruling could put hundreds of home foreclosures in question in this state, where the foreclosures were initiated by an organization known as MERS.
MERS stands for Mortgage Electronic Registration System. It's a central tracking system that essentially represents the person or investor that holds the note on a loan when a mortgage is sold.
Lenders have been using MERS to initiate foreclosures, even though MERS doesn't actually hold the loans. MERS and lenders maintain that under their system MERS is a legal beneficiary of the promissory note. But in a 9-0 decision justices ruled that's not what Washington state law intended.
When Kristin Bain hired an attorney to fight illegal lending practices involving her Tukwila condo, she never dreamed the case would end up in Olympia. Bain's case is one of two similar cases argued before the state Supreme Court last Spring.
Years earlier, Bain was the victim of a predatory mortgage loan that Huelsman says violated the law and stuck Bain with unfairly high mortgage rates and mortgage payments. While settling that case, Bain got laid off, and began to miss mortgage payments.
She was sent to foreclosure by MERS. Attorney Melissa Huelsman cried foul when no one could identify the actual loan holder and. Citing state law, Huelsman filed lawsuits, and stopped the foreclosure while attempting to identify the loan holder who could rightfully address Bain's concerns about the foreclosure process.
Huelsman says the loan holder was never identified. Her lawsuit made it's way to the state Supreme Court in March, where Huelsman presented oral arguments against MERS, the lenders and their Attorney Robert Pratte.
In a unanimous decision, the 9 justices just ruled August 16th that under our state law, the beneficiary must hold the promissory note.
The bottom line- based on Washington state law, MERS is not a legal beneficiary unless it actually held the promissory note secured by the deed of trust when foreclosure was initiated- which in Bain's case, it did not.
"Obviously the court said no, MERS cannot be that entity, because it is not the note holder and it never is the note holder," explained Huelsman.
Huelsman says the implications are huge- with the potential to affect hundreds, perhaps thousands of foreclosures initiated by MERS in this state in the past 10 years.
The ruling could open the door for legal action by homeowners who've been foreclosed by "MERS," instead of an actual loan holder who's name is on the promissory note. It also has the potential to affect foreclosures currently being challenged because of MERS.
But the justices ruled that simply having MERS on your loan doesn't mean you have a case. The question is whether you suffered unfair ramifications because of MERS.
Washington state is one of several states where the legality of MERS initiated foreclosures is being challenged in court.
I live in a non jud state.  I was paying Servicer property foreclosed. I hired an attorney who did nothing to  the case. My former attorney is disbarred for 5 years. Substitutue  Trustee document filed 12/5/2008, prepared by and return to law firm. States MERS is holder of note and dot and can appoint a substitue trustee, MERS VP signor, notarized by Indiana Notary same day  12/5/2008.  It is unbearable to explain in details. Property sold to another homeowner on 6/2010. I have certified copies of documents from county clerk office. Now, i have to put all this together.  Please email me so can tell you more and I appreciate any advice you can give me.  Here is my email:    abundance@embarqmail.com
Part 3 ;  You see? even IF they gave you something they can only give debt instruments in exchange for your debt instrument,,,, even though the fact is that your instrument is a "Credit Instrument" and instrument of credit from a creditor!!!!!!  Why the hell else do you think they need your creator, grantor signature?  To authorize them as an agent for you the creditor to use your credit and/or funds, value, valuable consideration, et al for which they actually owe you!!!    That is why the "Deed of Trust" DOES NOT SECURE THE NOTE!!!  The Note is an instrument of credit and they use it as such!!!! Read it!!  It "secures the debt evidenced by the Note"!!!!!! Dumb ass!!! you, me, us were tricked into giving our valuable consideration "Note" to them and then put up the "Equity" of our property as collateral for that debt that is owed to us. Get it now? it is all tricks so the "Servants" can steal our value, life, liberty and happiness from us and by trick get us to voluntarily do it to ourselves. Can anyone say "I fuked myself"???  "For the lack of knowledge my people perrish".
  The good news is that there are many laws both State and Federal that prohibit each and every action they have taken and they can not foreclose without the filing of false and fraudulent documents, assignments, and improper appointments of "substitute trustee" a "Term" which is not authorized by the instruments themselves!!! and they are invariably in violation of due process without the requites true documents.Â
  In fact it is Uttering, falsifying the public record, et al the list is so long.... and to me they are in violation of the very obligation "no State shall deprive any person of the equal protections of the Law." 14th amendment and as such "Vacate the position' and act "ultra vires" (outside the capacity of the office) and thus "Impersonate" an officer of public Trust..... in most cases this is sedition and/or Treason!!  WE the People are the only ones with the power to hold our public servants accountable... lets get off our asses, turn off the TV and get busy, making our record and prosecute these thieves and thugs. Blessings=may all your desires be fulfilled. "CDM-Y"
Valuable information !
Part 2 :
 So it now is revealed that the "LIE" we "Believe" by indoctrination is that we are "born of or into "sin"" and must be baptized as a baby.... what? That means that the Creator created this baby as "sin".... Ah, now you see it... In the same manner the Banksters have used and controlled and manipulated the social environment (with the help, aid and enthusiasm of the idiot selfish, ignorant, jealous people) to indoctrinate us into believing we are or ever could be "debtors".  Â
  It is impossible to be or become a "Debtor" when everything is already given to you for your use while you are here!!!  Besides what would you-what could you ever pay the Creator back with that is not already the Creators? The only thing we can do is give thanks! We might also insure that our gifts are not stolen, destroyed, misused abused, polluted et al and fricken be happy, share with one another and be kind to one another, forgive honest mistakes but never give one iota of value to a fiction! It is unlawful for Banks to "loan credit" (we are the creditors of all things. "all corporations are creations of the State and all creations of the State are to benefit the people" Hale v Hinkle and "These rights (of the people) existed long antecedent (before) to the creation of the State") and it is against Bank policy to "Loan" their depositors money or the banks money!!! So what the hell took place if the Banks can not and did not "loan" anything?
  Simple, they found an idiot (you, me) who had been indoctrinated into believing that "money" runs the world and that we are lacking (insufficient in some way) and need to "Borrow" "money" from a man made creation called "Bank". It is like the Creator "Borrowing" your bowling ball and paying you interest on "Borrowing" your bowling ball and if the Creator does not "pay" then you foreclose on the Creators world....Â
 Do you get it? WE/You/US are and always will be "worthy", creditors, secured party creditors (secured by the very Creator that created all and gave this to me, you, US (states (of being) united together having certain precepts in common, such as the protections of each others powers, rights, freedoms, liberty, and privileges and immunities).Â
  Ok, too hard for you to re-program yourself from the indoctrination's of a life time? Try this, the United States (a corporate entity created (articles of incorporation) to protect and secure these rights) is trillions of dollars in "Debt" right? Yes, now who are the ones paying this "Debt" and "Interest on that alleged "Debt" of the corporation United States?  We are.... so then that makes us "Creditors" doesn't it?  Yes!!!  We give the "security" and as "Creditors" "Loan" our "Credit" to the United States in order for it to continue to function.Â
 Now, ( have done this to a VP of a small bank)  "Lets just say for a moment that what you say is correct, that I gave you an instrument of full face value, what did I get in return?" "We gave you the title to the property" "No you didn't" (I owned the property in this case for ten years "free and Clear" (except for the other thuggery of the "Taxing Commission",, yet another house cleaning needed)... "yes we did" "no you didn't" back and forth.... "Ok, did you ever own or have tittle to the property?" "No" "Well then how can you give me something you never had?" ...... silence (except for the gnashing of teeth".Â
Later in person, "lets say you are right and I gave you a "Promisory Note" even though it is not titled "Promissory Note" and never refers to itself other than a "Note", but for arguments sake, lets say it is a "Promissory Note" which you call a "Debt Note" right?" "Yes",, "Ok, now you gave in this instant, a piece of paper in return which was a "bank note" correct?" "Yes" " Now when I went to the bank and cashed or "exchanged for currency" this "bank note", I received these "Federal Reserve Notes" is that correct?" "Yes" "Now lets look at what I received... A "Federal Reserve Note" which is backed up by the "United States" Correct/"  "Yes" "Ok, and you know that the United States is trillions of dollars in debt, is that correct?" "Yes" "Therefore these "Federal Reserve Notes" are indication of the debt of the United States and actually are debt notes themselves, at least until the United States is no longer in Debt, correct?" "Yes"..... So let me get this straight, according to you I gave you a "Debt instrument" and in return you gave me "Debt Instruments of equal amount, so that is an exchange, where is the Loan?"   Grrrrrrrrrrrrrr,,,, gnashing of teeth!!!
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I love the argument from Hale v Hinkle regarding antecedant rights overuling corporate entities.Â
It is wonderful that people are beginning to wake up!! yea~!! Â However, once again like a game of chess where one must think three move ahead, they have and we are not!! Â They have all these tangents, arguments, pre-scripted "discoveries" and of course the list of scapegoats, all designed to perpetuate the real LIE... that we are or could ever be "debtors" or "sinners" or "borrowers"!! These are "Terms" created much like "Federal Reserve" to cause the general population to "assume" the meaning that if it says "Federal" then it must be part of the "Federal Government" Â NOT!!! it is a foreign private Banking cartel!!!Â
  Real Quick... the Creator went to ta lot of trouble and experimentation of trillions of universes, frequencies, rate of expansion of this universe, to finally create a universe that contains trillions of solar systems one of which contains a small very stable Sun that happens to have planets with one of those planets spinning on its axis and that axis just happens to be tilted and it just happens to have a moon that is just the right size to cause this substance known as "water" to move without causing major damage but causes tides, circulation, weather patterns, rain which allows for the miracles of life to proliferate and be sustained thereby, which produces food of all sorts, building material, etc etc etc.  Now, all this creation was given to us by the creator along with our creations to "please" us and thus the Creator. (a paradox in and of itself... the greatest creation ever is one that is also a creator with free will.Â
Now the last time I checked the Creator is not a "take backer" (recycle yes but not a thief or one that takes back what was given as a "gift").... therefore all of this is and has always been "ours" to share, use, create and most of all enjoy!!! Â Happiness is the only true currency!Â
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That is an awesome way to tie creationism into the legal contitutional arena .
More interesting yet is that MERS has fewer than 40 employees. Â It's headquarters are in Virginia. Â The banks, mortgage lenders, loan servicers and foreclosure attorneys are made officers of MERS by a "corporate resolution" as an Assistant Vice President or Secretary of MERS. Â Then they simply execute assignments of your mortgage, appoint trustees to foreclose your home (basically appoint themselves in some cases when they have a blanket power of attorney from the servicer) and accomplish all of these acts necessary to foreclose people without ever having to contact the true owner of your mortgage. Â Loan servicers make more money when you are in default and never lose when you're foreclosed because they get paid off the top of the foreclosure proceeds. Â Good luck dealing with them to get a modification. Â If Fannie or Freddie really own your loan, it's almost never apparent in any of the documentation used to foreclose you. Â
Someone mentioned something like this a while back. They were getting foreclosed on & when the bank try to force them out, they demanded the bank / mortgage co to produce the original or notarized copy of signed paperwork. Lets just say the paperwork hasn't been produced yet.
I just noticed the ads at the bottom of this topic:
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You can't escape them, they are like a plague of fire ants!
"predatory mortgage loan"
That's almost a redundant term...
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Connie Thompson was given evidence of forgery, notary fraud, backdating of documents and trustee conflicts of interest that exist in our Washington State land records over a year and a half ago. She never followed up on the story. She never verified the documents. She never let any Washington State resident that there could possibly be a "cloud" on title. Thanks, Connie, for your valuable reporting skills.
This battle is wayyyyy long from over. However, that does mean good things for other home owners out there and I wish the rest of them the best of luck.
I came across this article when I was going through my own mess with my mortgage company I was wondering if I could contact you via email to ask you a few questions.. Congrats to you :)
Congratulation to Kristin and the fantastic Melissa Huelsman.
One more twist to this is that when the lenders use MERS to transfer loans they don't pay the county filing fees which has cheated the counties of this country out of millions of dollars.
The law of the Universe has been violated, they will get theirs along with anyone else who had a part in this scheme!!
This is a Ponzi Scheme violating RICO and it is about time Judges come down hard on MERS and all the Banks that devised it to unlawfully keep your home without ever telling you who the real lender is. California and New York Attorney Generals and the OCC are after the Banks and MERS so contact your attorney asap if you are, have, or will be foreclosed upon in the near future.
Get this through your greedy evil heads - a computer program can not own property any more then a corporation is a person.
 @Audio Cat Exactly, MERS is like the DMV and can never repo your car, in this case your home. File criminal charges against MERS, all its employees and attorneys asap for fraud, Ponzi and RICO felonies.
 @AXJPRESS  @Audio Cat More interesting yet is that MERS has fewer than 40 employees.  It's headquarters are in Virginia.  The banks, mortgage lenders, loan servicers and foreclosure attorneys are made officers of MERS by a "corporate resolution" as an Assistant Vice President or Secretary of MERS.  Then they simply execute assignments of your mortgage, appoint trustees to foreclose your home (basically appoint themselves in some cases when they have a blanket power of attorney from the servicer) and accomplish all of these acts necessary to foreclose people without ever having to contact the true owner of your mortgage.  Loan servicers make more money when you are in default and never lose when you're foreclosed because they get paid off the top of the foreclosure proceeds.  Good luck dealing with them to get a modification.  If Fannie or Freddie really own your loan, it's almost never apparent in any of the documentation used to foreclose you. Â