As the national debate continues over whether MERS (Mortgage Electronic Registration System) has standing to foreclose, a recent San Diego, California based Appellate Court decision considering the issue has clearly sided with MERS. Last week, the 4th District Court of Appeals issued a published opinion in Gomes v. Countrywide Home Loans that held (1) California’s nonjudicial foreclosure statute does not allow speculative lawsuits by homeowners to determine whether MERS is authorized to initiate a foreclosure; and (2) even if they did, the homeowner consented to the use of MERS to initiate the foreclosure when he signed the deed of trust.

For those who may still be unclear, let’s begin with what MERS is? The Gomes case had a nice explanation: “MERS is a private corporation that administers the MERS System, a national electronic registry that tracks the transfer of ownership interests and servicing rights in mortgage loans. Through the MERS System, MERS becomes the mortgagee of record for participating members through assignment of the members’ interests to MERS. MERS is listed as the grantee in the official records maintained at county register of deeds offices. The lenders retain the promissory notes, as well as the servicing rights to the mortgages. The lenders can then sell these interests to investors without having to record the transaction in the public record. MERS is compensated for its services through fees charged to participating MERS members. A side effect of the MERS system is that a transfer of an interest in a mortgage loan between two MERS members is unknown to those outside the MERS system.”

In the Gomes case the court said that California’s nonjudicial foreclosure rules, Civil Code sections 2924 through 2924k, are intended to be a one-stop-shop for how to exercise the power of sale in a deed of trust. Section 2924(a)(1) of the statute is clear that a “trustee, mortgagee, or beneficiary, or any of their authorized agents” can initiate a foreclosure (and this court found MERS was an agent, as will be discussed in a moment.) Importantly, the statute does not provide an additional requirement that the agent demonstrate in court that it is authorized to initiate a foreclosure and to do so would “fundamentally undermine the nonjudicial nature of the process and introduce the possibility of lawsuits filed solely for the purpose of delaying a valid foreclosure.” So, the court concluded, they would not allow speculative lawsuits to test MERS authority to initiate a foreclosure.

The court went on to volunteer that even if MERS was required to demonstrate that it was an authorized agent, it could do so. In a footnote, the court stated in conclusionary fashion that “MERS may initiate a foreclosure as the nominee, or agent of the noteholder” under Civil Code section 2924(a)(1) without further discussion. But on top of that, the court pointed to the deed of trust signed by the homeowner that provided that MERS was a nominee for the Lender and the Lender’s successors and assigns had the right to foreclose. Case closed.

California has squarely joined the ranks that allow MERS to foreclose that according to one commentator has grown to 19 states, thus providing us with a little more certainty going forward when it comes to this particular aspect of the nonjudicial foreclosure process. Just as the California courts recently provided some clarity on documentation irregularities in Aceves v. U.S. Bank saying that minor errors were of no legal consequence.

This reinforces our belief that despite minor misdeeds or process short cuts by lenders there will ultimately be no free homes for defaulting borrowers.

 

65 thoughts on “Case Closed? MERS Can Foreclose in California

    • I think its wrong that the banks can do fraud like that. I have a guy in Dallas, Matt Miscak that is fighting for our rights with MERS

      • Matt Misczak is nothing but a con artist, thief and liar. Just google his name and Texas Lease Houses. He has been fined by TX Real Estate Commission as well for practicing without a license. So, Denis, I hope Matt compensated you for your “comment” and youtube video. I highly doubt it because Matt doesn’t compensate anyone! At least not with $.

        Matt = Scumbag.

      • Matt Misczak has helped me alot with houses. I’m just trying to spread the news you need to check him out. People like Nonya probably couldn’t afford the help.

        • George, no it wasn’t a matter of not affording it. It’s first hand experience of being scammed by Matt Misczak. And I have over 150 people who stand behind me on that FACT.

          Maybe YOU need to check him out before you go referring ppl like Matt. Check out the TREC website & you will see he has a very hefty fine for practicing real estate without a license. So has his wife Monica Escobar (maiden name).

        • If you go to youtube.com & do a search on “Matt Misczak” you will find all kinds of videos. Including channel 11 news stories about his scams. Along with his fake testimonials by employees and friends.

          • John Bowers says:

            I was helped personally by Matt Misczak. I guess there is always some people that just aren’t satisfied. Matt Misczak is good for foreclosures in Texas and Nationwide.

          • @John Bowers……I call BS!! Matt doesn’t help anyone. He is nothing but a scam artist who steals from people and ruins lives.

          • When do you think this real estate market go back into a realistic direction? Or is it still too early to tell? We are seeing a lot of housing forclosures in Florida. What about you? Would love to get your feedback on this.

          • I precisely had to appreciate you once again. I am not sure the things I would’ve achieved without these information shared by you concerning such topic. Certainly was a real frightening scenario in my position, nevertheless taking a look at a specialised manner you resolved that took me to cry with joy. I will be happier for the guidance and expect you are aware of a powerful job that you’re undertaking instructing other individuals through a web site. I am certain you’ve never met any of us.

          • Yes, I will have to agree with John Bowers. Matt IS good for foreclosures! He has put MANY houses in Foreclosure! I can and will provide a list of VICTIMS of Matt Misczak for anyone that wants one!

          • Well sbjones….we are waiting for an answer. I conclude that since there isn’t one you don’t have one!

          • I’m wondering if his check from Matt Misczak bounced and now is refusing to post on his behald any longer??

          • Please do your research. It is quite simple…
            Matt Misczak, Superior Real Estate Solutions.
            Matt Misczak, Texas Lease Houses.
            Matt Misczak, Val-Com.
            Matt Misczak, bankruptcy…and his attorney (Puccini Law) has also filed suit against him for non-payment of services. Also, his wife filed bankruptcy last month.
            Matt Misczak, Monica Misczak (Escobar) Marcos Castillo.
            Matt Misczak has a monetary judgment against him for fraud from the Texas Real Estate Commission (TREC)
            Matt Misczak has a lien on his home by the builder (that he does not currently live in because he is hiding) for non-payment.
            Matt Misczak takes peoples money for his own personal gain. I’m curious how he thinks he can help others with foreclosures when he, himself, has put almost 100 homes into foreclosure!
            I will give anyone names of people he has scammed and addresses of homes that he put into foreclosure. PLEASE ASK!
            PLEASE, PLEASE ASK! :)

          • Also, seeing that you are just someone who Matt has helped, please consider yourself lucky that he did not scam you too. I do not understand why you badger when you were helped. Please allow us that have been scammed voice our concern about Matt Misczak and we will let you bask in your glory that you were personally helped by Matt Misczak. I am actually happy for anyone that crosses paths with him and DOES NOT get scammed. I wish I was in that group as well.
            He is a con. Please, just do your due diligence before you hire Matt Misczak to do any “work” for you.
            I have facts that do not lie. Matt Misczak put homes in Land Trusts. He did this fraudulently. He rented these houses and collected rents that were supposed to go to the mortgage company. He did not do this and the original mortgage holders were dealt a blow when he filed bankruptcy and kept collecting rents but was failing to put the money toward the mortgage and all of these homes went into foreclosure. Now, even with his “own home” has been deeded to his wife, and she has just filed bankruptcy as well. Matt Misczak does not know how to do business right or fairly.
            You can easily search prior owners in the Tarrant Appraisal District. Prior owner Matt Misczak. Matt put the houses in Lane (house number) Trust, Landis (house number) Trust, Landry (house number), Orelos (house number) Trust. All facts are EASILY searchable. A SAMPLE of homes that Matt put into foreclosure are:
            8112 Amistad Ct, Fort Worth
            7440 Anderson Blvd, Fort Worth
            688 South Heights Dr, Crowley
            5348 Sonoma Dr, Fort Worth
            8744 Sumter Way, Fort Worth
            5700 Sundance Cir, Haltom City
            7213 Hightower St, Fort Worth
            11513 Pheasant Creek Dr, Fort Worth
            3841 Bandera Ranch Rd, Fort Worth
            1520 Heather Ln, Keller
            6001 Oak Hill Rd, Watauga
            1136 Beaverwood Ln, Crowley
            403 Horse Shoe Dr, Euless
            4916 Chaps Ave, Fort Worth
            5020 Glenscape Tr, Fort Worth
            6004 King William Dr, Arlington

            : 6400 Geneva Ln, Fort Worth

            6408 Geneva Ln, Fort Worth
            7408 Field Stone Dr, N Richland Hills
            4636 Keith Dr, Fort Worth
            4037 Manzinita St, Fort Worth
            2724 Mountain Lion Dr, Fort Worth
            9016 Saratoga Rd, Fort Worth
            9004 Golden Sunset Tr, Fort Worth
            8120 E Summer Trail Dr, Fort Worth
            6311 Royal Springs Dr, Arlington
            4920 Chaps Ave Fort Worth
            3732 Grantsville Dr
            5408 Jerri Ln, Haltom City
            7900 Hidden Brook Dr, Fort Worth

            Now, the other facts are true too.
            Matt Misczak, Superior Real Estate Solutions.
            Matt Misczak, Texas Lease Houses.
            Matt Misczak, Val-Com.
            Matt Misczak, bankruptcy…and his attorney (Puccini Law) has also filed suit against him for non-payment of services. Also, his wife filed bankruptcy last month.
            Matt Misczak, Monica Misczak (Escobar) Marcos Castillo.
            Matt Misczak has a monetary judgment against him for fraud from the Texas Real Estate Commission (TREC)
            Matt Misczak has a lien on his home by the builder (that he does not currently live in because he is hiding) for non-payment
            Like I said before, Matt Misczak=CON!

            You say I am a former tenant that did not pay rent. I give you permission to put the address “out there” that I did not pay rent on.
            Please know that this is about Matt Misczak being a CON, a FRAUD, and a THIEF!

          • Please know that Matt Misczak scams people out of their honest, hard-earned money.
            He is a fraud and a con!
            Please see all previous comments. There is some exceptional information there.
            Thank you!

          • So, is Matt still working on foreclosures? What’s up with this wonderful “business” of his?
            Matt Misczak is a CON!

    • You are aware of course that MERS was INACTIVE according to the California Secretary OF State form late 2004 to July 2010. Please explain how they can be inactive for 5 years and simply reinstate themselves.

  1. I glad that this ruling came out before a lot of homeowners paid money to law firms. Here in San Marcos CA, North San Diego County a group was forming to start a class action lawsuit based on this subject.

  2. It’s important to realize that there are several decisions made on the MERS issues already both for and against the process. A lower court decision generally lends itself to find in favor of MERS as they are less likely to want to establish precedent. Additionally the majority of those contesting MERS file in their states Federal court who more commonly find in favor of the homeowner. Of course the lenders request the case be moved to small state courts but single independent rulings don’t resolve the issues one way or another. While standing issues are a reasonable argument there are other issues concerning RESPA, TILA, servicing, and predatory practices that are typically found in many loans from the past 7-8yrs as well. So while the argument of standing is important it is also essential to recognize that it is not the end of the discussion. Individuals who are attempt to sue their homes free and clear will ultimately be unsuccessful for the vast majority and anyone seeking that outcome is betting it all on 36 black but those who litigate to gain leverage in order to encourage their lender to a good faith negotiation on terms and amounts will be far more successful.

    • People do not want a FREE home. They want justice! Since these pretender lenders cannot PROVE they own the home then I have an idea. They committed fraud against the american people and its courts so why not have the courts set up a fair modification for the homeowner then collect payments and put in a city trust. If no real owner of the note comes forward then the money is disbursed to city projects such as parks and schools. We could reestablish programs taken from our children due to cutbacks.
      In the end, the crooks will not get one dime. The PEOPLE will. WE THE PEOPLE have to start fixing this ourselves. The government is useless at this point.

  3. Pre-meditated forclosure says:

    Mine is a BAC loan that my husband and I should not have ever gotten, 0 saving that kinda stuff..So I call the BAC in nov 2010 and tell them my husband had a wage cut-construction, by dec 15 2010 we had all our docs in for a MHA mod., not 50 days later I was denied(feb21 2011)
    and had a certified letter -notice to accelerate(feb,2 2011) with an out rageous amount 2000 more then we owed, the managers could not tell me why it was that amount,they ended up saying lawyer fees or something…talked me around a corner. now I know where the fees came from MERS, possibly? Anyway look at the dates above on the notice to Acclerate, and the document that said we didnt qualify. My loan is a countrywide loan, I am in ca. and they broke so many laws its unreal. I as of Feb.2011 was only late Jan and Feb, had paid Dec.2010 in feb. I can’t believe how fast they are swooping my house. Then I thought what if I were a bank CEO and was about to be drug through the courts and about to be exposed of all my slimmy business transactions, and I thought I’d forclose on as many as possible and sell them and collect as much $$$$$ as possible.

  4. Gail, good info. Thank you. Now all you other puppets that want to say what a great job/person Matt does/is – not a single one of you have provided any facts that he did anything.

    Gail did!

  5. interesting who’s who
    Source: Dean Henderson – BlacklistedNews.com

    (Part one of a four-part series)

    The Four Horsemen of Banking (Bank of America, JP Morgan Chase, Citigroup and Wells Fargo) own the Four Horsemen of Oil (Exxon Mobil, Royal Dutch/Shell, BP Amoco and Chevron Texaco); in tandem with Deutsche Bank, BNP, Barclays and other European old money behemoths. But their monopoly over the global economy does not end at the edge of the oil patch.

    According to company 10K filings to the SEC, the Four Horsemen of Banking are among the top ten stock holders of virtually every Fortune 500 corporation. [1]

    So who then are the stockholders in these money center banks?

    This information is guarded much more closely. My queries to bank regulatory agencies regarding stock ownership in the top 25 US bank holding companies were given Freedom of Information Act status, before being denied on “national security” grounds. This is rather ironic, since many of the bank’s stockholders reside in Europe.

    One important repository for the wealth of the global oligarchy that owns these bank holding companies is US Trust Corporation – founded in 1853 and now owned by Bank of America. A recent US Trust Corporate Director and Honorary Trustee was Walter Rothschild. Other directors included Daniel Davison of JP Morgan Chase, Richard Tucker of Exxon Mobil, Daniel Roberts of Citigroup and Marshall Schwartz of Morgan Stanley. [2]

    J. W. McCallister, an oil industry insider with House of Saud connections, wrote in The Grim Reaper that information he acquired from Saudi bankers cited 80% ownership of the New York Federal Reserve Bank- by far the most powerful Fed branch- by just eight families, four of which reside in the US. They are the Goldman Sachs, Rockefellers, Lehmans and Kuhn Loebs of New York; the Rothschilds of Paris and London; the Warburgs of Hamburg; the Lazards of Paris; and the Israel Moses Seifs of Rome.

    CPA Thomas D. Schauf corroborates McCallister’s claims, adding that ten banks control all twelve Federal Reserve Bank branches. He names N.M. Rothschild of London, Rothschild Bank of Berlin, Warburg Bank of Hamburg, Warburg Bank of Amsterdam, Lehman Brothers of New York, Lazard Brothers of Paris, Kuhn Loeb Bank of New York, Israel Moses Seif Bank of Italy, Goldman Sachs of New York and JP Morgan Chase Bank of New York. Schauf lists William Rockefeller, Paul Warburg, Jacob Schiff and James Stillman as individuals who own large shares of the Fed. [3] The Schiffs are insiders at Kuhn Loeb. The Stillmans are Citigroup insiders, who married into the Rockefeller clan at the turn of the century.

    Eustace Mullins came to the same conclusions in his book The Secrets of the Federal Reserve, in which he displays charts connecting the Fed and its member banks to the families of Rothschild, Warburg, Rockefeller and the others. [4]

    The control that these banking families exert over the global economy cannot be overstated and is quite intentionally shrouded in secrecy. Their corporate media arm is quick to discredit any information exposing this private central banking cartel as “conspiracy theory”. Yet the facts remain.

    The House of Morgan

    The Federal Reserve Bank was born in 1913, the same year US banking scion J. Pierpont Morgan died and the Rockefeller Foundation was formed. The House of Morgan presided over American finance from the corner of Wall Street and Broad, acting as quasi-US central bank since 1838, when George Peabody founded it in London.

    Peabody was a business associate of the Rothschilds. In 1952 Fed researcher Eustace Mullins put forth the supposition that the Morgans were nothing more than Rothschild agents. Mullins wrote that the Rothschilds, “…preferred to operate anonymously in the US behind the facade of J.P. Morgan & Company”. [5]

    Author Gabriel Kolko stated, “Morgan’s activities in 1895-1896 in selling US gold bonds in Europe were based on an alliance with the House of Rothschild.” [6]

    The Morgan financial octopus wrapped its tentacles quickly around the globe. Morgan Grenfell operated in London. Morgan et Ce ruled Paris. The Rothschild’s Lambert cousins set up Drexel & Company in Philadelphia.

    The House of Morgan catered to the Astors, DuPonts, Guggenheims, Vanderbilts and Rockefellers. It financed the launch of AT&T, General Motors, General Electric and DuPont. Like the London-based Rothschild and Barings banks, Morgan became part of the power structure in many countries.

    By 1890 the House of Morgan was lending to Egypt’s central bank, financing Russian railroads, floating Brazilian provincial government bonds and funding Argentine public works projects. A recession in 1893 enhanced Morgan’s power. That year Morgan saved the US government from a bank panic, forming a syndicate to prop up government reserves with a shipment of $62 million worth of Rothschild gold. [7]

    Morgan was the driving force behind Western expansion in the US, financing and controlling West-bound railroads through voting trusts. In 1879 Cornelius Vanderbilt’s Morgan-financed New York Central Railroad gave preferential shipping rates to John D. Rockefeller’s budding Standard Oil monopoly, cementing the Rockefeller/Morgan relationship.

    The House of Morgan now fell under Rothschild and Rockefeller family control. A New York Herald headline read, “Railroad Kings Form Gigantic Trust”. J. Pierpont Morgan, who once stated, “Competition is a sin”, now opined gleefully, “Think of it. All competing railroad traffic west of St. Louis placed in the control of about thirty men.”[8]

    Morgan and Edward Harriman’s banker Kuhn Loeb held a monopoly over the railroads, while banking dynasties Lehman, Goldman Sachs and Lazard joined the Rockefellers in controlling the US industrial base. [9]

    In 1903 Banker’s Trust was set up by the Eight Families. Benjamin Strong of Banker’s Trust was the first Governor of the New York Federal Reserve Bank. The 1913 creation of the Fed fused the power of the Eight Families to the military and diplomatic might of the US government. If their overseas loans went unpaid, the oligarchs could now deploy US Marines to collect the debts. Morgan, Chase and Citibank formed an international lending syndicate.

    The House of Morgan was cozy with the British House of Windsor and the Italian House of Savoy. The Kuhn Loebs, Warburgs, Lehmans, Lazards, Israel Moses Seifs and Goldman Sachs also had close ties to European royalty. By 1895 Morgan controlled the flow of gold in and out of the US. The first American wave of mergers was in its infancy and was being promoted by the bankers. In 1897 there were sixty-nine industrial mergers. By 1899 there were twelve-hundred. In 1904 John Moody – founder of Moody’s Investor Services – said it was impossible to talk of Rockefeller and Morgan interests as separate. [10]

    Public distrust of the combine spread. Many considered them traitors working for European old money. Rockefeller’s Standard Oil, Andrew Carnegie’s US Steel and Edward Harriman’s railroads were all financed by banker Jacob Schiff at Kuhn Loeb, who worked closely with the European Rothschilds.

    Several Western states banned the bankers. Populist preacher William Jennings Bryan was thrice the Democratic nominee for President from 1896 -1908. The central theme of his anti-imperialist campaign was that America was falling into a trap of “financial servitude to British capital”. Teddy Roosevelt defeated Bryan in 1908, but was forced by this spreading populist wildfire to enact the Sherman Anti-Trust Act. He then went after the Standard Oil Trust.

    In 1912 the Pujo hearings were held, addressing concentration of power on Wall Street. That same year Mrs. Edward Harriman sold her substantial shares in New York’s Guaranty Trust Bank to J.P. Morgan, creating Morgan Guaranty Trust. Judge Louis Brandeis convinced President Woodrow Wilson to call for an end to interlocking board directorates. In 1914 the Clayton Anti-Trust Act was passed.

    Jack Morgan – J. Pierpont’s son and successor – responded by calling on Morgan clients Remington and Winchester to increase arms production. He argued that the US needed to enter WWI. Goaded by the Carnegie Foundation and other oligarchy fronts, Wilson accommodated. As Charles Tansill wrote in America Goes to War, “Even before the clash of arms, the French firm of Rothschild Freres cabled to Morgan & Company in New York suggesting the flotation of a loan of $100 million, a substantial part of which was to be left in the US to pay for French purchases of American goods.”

    The House of Morgan financed half the US war effort, while receiving commissions for lining up contractors like GE, Du Pont, US Steel, Kennecott and ASARCO. All were Morgan clients. Morgan also financed the British Boer War in South Africa and the Franco-Prussian War. The 1919 Paris Peace Conference was presided over by Morgan, which led both German and Allied reconstruction efforts. [11]

    In the 1930’s populism resurfaced in America after Goldman Sachs, Lehman Bank and others profited from the Crash of 1929. [12] House Banking Committee Chairman Louis McFadden (D-NY) said of the Great Depression, “It was no accident. It was a carefully contrived occurrence…The international bankers sought to bring about a condition of despair here so they might emerge as rulers of us all”.

    Sen. Gerald Nye (D-ND) chaired a munitions investigation in 1936. Nye concluded that the House of Morgan had plunged the US into WWI to protect loans and create a booming arms industry. Nye later produced a document titled The Next War, which cynically referred to “the old goddess of democracy trick”, through which Japan could be used to lure the US into WWII.

    In 1937 Interior Secretary Harold Ickes warned of the influence of “America’s 60 Families”. Historian Ferdinand Lundberg later penned a book of the exact same title. Supreme Court Justice William O. Douglas decried, “Morgan influence…the most pernicious one in industry and finance today.”

    Jack Morgan responded by nudging the US towards WWII. Morgan had close relations with the Iwasaki and Dan families – Japan’s two wealthiest clans – who have owned Mitsubishi and Mitsui, respectively, since the companies emerged from 17th Century shogunates. When Japan invaded Manchuria, slaughtering Chinese peasants at Nanking, Morgan downplayed the incident. Morgan also had close relations with Italian fascist Benito Mussolini, while German Nazi Dr. Hjalmer Schacht was a Morgan Bank liaison during WWII. After the war Morgan representatives met with Schacht at the Bank of International Settlements (BIS) in Basel, Switzerland. [13]

    The House of Rockefeller

    BIS is the most powerful bank in the world, a global central bank for the Eight Families who control the private central banks of almost all Western and developing nations. The first President of BIS was Rockefeller banker Gates McGarrah- an official at Chase Manhattan and the Federal Reserve. McGarrah was the grandfather of former CIA director Richard Helms. The Rockefellers- like the Morgans- had close ties to London. David Icke writes in Children of the Matrix, that the Rockefellers and Morgans were just “gofers” for the European Rothschilds. [14]

    BIS is owned by the Federal Reserve, Bank of England, Bank of Italy, Bank of Canada, Swiss National Bank, Nederlandsche Bank, Bundesbank and Bank of France.

    Historian Carroll Quigley wrote in his epic book Tragedy and Hope that BIS was part of a plan, “to create a world system of financial control in private hands able to dominate the political system of each country and the economy of the world as a whole…to be controlled in a feudalistic fashion by the central banks of the world acting in concert by secret agreements.”

    The US government had a historical distrust of BIS, lobbying unsuccessfully for its demise at the 1944 post-WWII Bretton Woods Conference. Instead the Eight Families’ power was exacerbated, with the Bretton Woods creation of the IMF and the World Bank. The US Federal Reserve only took shares in BIS in September 1994. [15]

    BIS holds at least 10% of monetary reserves for at least 80 of the world’s central banks, the IMF and other multilateral institutions. It serves as financial agent for international agreements, collects information on the global economy and serves as lender of last resort to prevent global financial collapse.

    BIS promotes an agenda of monopoly capitalist fascism. It gave a bridge loan to Hungary in the 1990’s to ensure privatization of that country’s economy. It served as conduit for Eight Families funding of Adolf Hitler- led by the Warburg’s J. Henry Schroeder and Mendelsohn Bank of Amsterdam. Many researchers assert that BIS is at the nadir of global drug money laundering. [16]

    It is no coincidence that BIS is headquartered in Switzerland, favorite hiding place for the wealth of the global aristocracy and headquarters for the P-2 Italian Freemason’s Alpina Lodge and Nazi International. Other institutions which the Eight Families control include the World Economic Forum, the International Monetary Conference and the World Trade Organization.

    Bretton Woods was a boon to the Eight Families. The IMF and World Bank were central to this “new world order”. In 1944 the first World Bank bonds were floated by Morgan Stanley and First Boston. The French Lazard family became more involved in House of Morgan interests. Lazard Freres- France’s biggest investment bank- is owned by the Lazard and David-Weill families- old Genoese banking scions represented by Michelle Davive. A recent Chairman and CEO of Citigroup was Sanford Weill.

    In 1968 Morgan Guaranty launched Euro-Clear, a Brussels-based bank clearing system for Eurodollar securities. It was the first such automated endeavor. Some took to calling Euro-Clear “The Beast”. Brussels serves as headquarters for the new European Central Bank and for NATO. In 1973 Morgan officials met secretly in Bermuda to illegally resurrect the old House of Morgan, twenty years before Glass Steagal Act was repealed. Morgan and the Rockefellers provided the financial backing for Merrill Lynch, boosting it into the Big 5 of US investment banking. Merrill is now part of Bank of America.

    John D. Rockefeller used his oil wealth to acquire Equitable Trust, which had gobbled up several large banks and corporations by the 1920’s. The Great Depression helped consolidate Rockefeller’s power. His Chase Bank merged with Kuhn Loeb’s Manhattan Bank to form Chase Manhattan, cementing a long-time family relationship. The Kuhn-Loeb’s had financed – along with Rothschilds – Rockefeller’s quest to become king of the oil patch. National City Bank of Cleveland provided John D. with the money needed to embark upon his monopolization of the US oil industry. The bank was identified in Congressional hearings as being one of three Rothschild-owned banks in the US during the 1870’s, when Rockefeller first incorporated as Standard Oil of Ohio. [17]

    One Rockefeller Standard Oil partner was Edward Harkness, whose family came to control Chemical Bank. Another was James Stillman, whose family controlled Manufacturers Hanover Trust. Both banks have merged under the JP Morgan Chase umbrella. Two of James Stillman’s daughters married two of William Rockefeller’s sons. The two families control a big chunk of Citigroup as well. [18]

    In the insurance business, the Rockefellers control Metropolitan Life, Equitable Life, Prudential and New York Life. Rockefeller banks control 25% of all assets of the 50 largest US commercial banks and 30% of all assets of the 50 largest insurance companies. [19] Insurance companies- the first in the US was launched by Freemasons through their Woodman’s of America- play a key role in the Bermuda drug money shuffle.

    Companies under Rockefeller control include Exxon Mobil, Chevron Texaco, BP Amoco, Marathon Oil, Freeport McMoran, Quaker Oats, ASARCO, United, Delta, Northwest, ITT, International Harvester, Xerox, Boeing, Westinghouse, Hewlett-Packard, Honeywell, International Paper, Pfizer, Motorola, Monsanto, Union Carbide and General Foods.

    The Rockefeller Foundation has close financial ties to both Ford and Carnegie Foundations. Other family philanthropic endeavors include Rockefeller Brothers Fund, Rockefeller Institute for Medical Research, General Education Board, Rockefeller University and the University of Chicago- which churns out a steady stream of far right economists as apologists for international capital, including Milton Friedman.

    The family owns 30 Rockefeller Plaza, where the national Christmas tree is lighted every year, and Rockefeller Center. David Rockefeller was instrumental in the construction of the World Trade Center towers. The main Rockefeller family home is a hulking complex in upstate New York known as Pocantico Hills. They also own a 32-room 5th Avenue duplex in Manhattan, a mansion in Washington, DC, Monte Sacro Ranch in Venezuela, coffee plantations in Ecuador, several farms in Brazil, an estate at Seal Harbor, Maine and resorts in the Caribbean, Hawaii and Puerto Rico. [20]

    The Dulles and Rockefeller families are cousins. Allen Dulles created the CIA, assisted the Nazis, covered up the Kennedy hit from his Warren Commission perch and struck a deal with the Muslim Brotherhood to create mind-controlled assassins. [21]

    Brother John Foster Dulles presided over the phony Goldman Sachs trusts before the 1929 stock market crash and helped his brother overthrow governments in Iran and Guatemala. Both were Skull & Bones, Council on Foreign Relations (CFR) insiders and 33rd Degree Masons. [22]

    The Rockefellers were instrumental in forming the depopulation-oriented Club of Rome at their family estate in Bellagio, Italy. Their Pocantico Hills estate gave birth to the Trilateral Commission. The family is a major funder of the eugenics movement which spawned Hitler, human cloning and the current DNA obsession in US scientific circles.

    John Rockefeller Jr. headed the Population Council until his death. [23] His namesake son is a Senator from West Virginia. Brother Winthrop Rockefeller was Lieutenant Governor of Arkansas and remains the most powerful man in that state. In an October 1975 interview with Playboy magazine, Vice-President Nelson Rockefeller- who was also Governor of New York- articulated his family’s patronizing worldview, “I am a great believer in planning- economic, social, political, military, total world planning.”

    But of all the Rockefeller brothers, it is Trilateral Commission (TC) founder and Chase Manhattan Chairman David who has spearheaded the family’s fascist agenda on a global scale. He defended the Shah of Iran, the South African apartheid regime and the Chilean Pinochet junta. He was the biggest financier of the CFR, the TC and (during the Vietnam War) the Committee for an Effective and Durable Peace in Asia- a contract bonanza for those who made their living off the conflict.

    Nixon asked him to be Secretary of Treasury, but Rockefeller declined the job, knowing his power was much greater at the helm of the Chase. Author Gary Allen writes in The Rockefeller File that in 1973, “David Rockefeller met with twenty-seven heads of state, including the rulers of Russia and Red China.”

    Following the 1975 Nugan Hand Bank/CIA coup against Australian Prime Minister Gough Whitlam, his British Crown-appointed successor Malcolm Fraser sped to the US, where he met with President Gerald Ford after conferring with David Rockefeller. [24]

  6. I don’t understand why everyone is overlooking the simple and obvious.

    MERS cannot legally assign a Promissory Note or Deed of Trust, because MERS is a Non-Authorized Agent under Established and Binding California Real Property Law; and the borrower can’t legally grant the Note-Owner’s powers to MERS.

    First, a Nominee is someone who is nominated potentially for a future position. Much like being nominated for President, yet a Presidential Nominee doesn’t receive any powers until the person actually becomes President.

    Second, in the Deed of Trust MERS is identified “Solely as a Nominee” and as the Beneficiary. Which is logically and legally impossible, because a party can only be either the nominated Beneficiary or the Beneficiary. You can’t “not be” and “be” the beneficiary at the same time.

    Third, Ca Civil Code §2924, et seq. is exhaustive and a Nominee is never included as an acceptable form of “authorized agent” in a judicial or non-judicial foreclosure.

    Fourth, MERS acts “Solely as a Nominee” for lenders, and under Established California Law a “Nominee” is a “Non-Authorized” form of agent, which fails to comply with California Civil Code §§ 2924 through 2924k, as a nominee inherently lacks the right to enforce or assign, the Note or real property ownership rights, per the following case.

    “In Cisco v. Van Lew, 60 Cal.App.2d 575, 583-584, 141 P.2d 433, 438., Cisco could not enforce the land sale contract because he was not a party to it, the court, at pages 583-584, said: “The word ‘nominee’ in its commonly accepted meaning connotes the delegation of authority to the nominee in a representative or nominal capacity only, and does not connote the transfer or assignment to the nominee of any property in or ownership of the rights of the person nominating him.”
    Born V. Koop 1962 200 C. A. 2d 519[200 CalApp2d Page 527, 528], see file below

    Fifth, in addition to MERS’ inherit lack of authority, MERS is not a party to the Note and the Note fails to use the words, for example “ Lehman Brothers Bank, FSB or Lehman Brothers Bank, FSB Nominee”.

    “The purpose of the document in question here was to offer an obligation to Harold L. Shaw alone and not to his nominee or any other person whomsoever.”
    Ott v. Home Savings & Loan Association, 265 F. 2d 643 [647,648], see file below

    FINALLY, GOMES V. COUNTRYYWIDE HOME LOANS, INC., 192 Cal.App.4th 1149, is Bad Law!
    a) Born v. Koop was not addressed or applied in the Gomes case, and treated the definition of a Nominee as a new creature vs. one that has been defined by established law.
    b) The first thing the Deed of Trust does is (i) take away MERS right to payments and (ii) take away the right to enforce the Note. At this point the Deed of Trust is impotent to MERS and any assignee of MERS.
    c) REGARDLESS WHAT A BORROWER AGREES TO, a “Borrower” cannot legally grant MERS the right to assign the note or any of the rights of the note owner, including the Deed of Trust.

    If the Borrower doesn’t have the note owner’s powers, then the Borrower can’t grant the note owner’s powers to MERS. The Deed of Trust is therefore unlawful and unenforceable.

    SOURCE: https://sites.google.com/site/mersfatalflawsincalifornia/

  7. The way MERS is getting around this in California is because the courts have upheld that their “minor” errors is of no consequences. Of course, no consequences to MERS and the large mortgage companies; but, they are major consequences to the homeowner trying to hold onto their home.

    It is like the government bailing out banks when they were in trouble; and then leaving the less wealthy to suffer by the preditors the government was helping out – and, with our government money nonetheless.

    Again, the government is siding with the banks, even though they have bipassed the laws; and the courts evade justice by belittling the actions of these greedy, dihonest thieves.

    The only way to get justice is if you have enough money and can afford to buy it.

    • OR you can scream loud and hard until THE PEOPLE start listening. We did not do this to ourselves. It was orchestrated. Join all of us “Deadbeats” as they call us and help expose those criminals who did this to us. Go over your paperwork with a fine tooth comb. The fraud you find there make public.

    • OR you can scream loud and hard until THE PEOPLE hear us. Join us “deadbeats” as they like to call us and expose these crooks for what they are. Go over your paperwork with a fine tooth comb. The fraud you find there make public.

      These were NOT misdeeds they perpetuated on the American people. They are out and out intentional fraud and it is criminal.

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  13. I am presently a victim of the MERS foreclosure fraud. The court allowed the foreclosure of my home and I was not notified of the foreclosure while it was in process or even the court date. I found out I had been foreclosed on by the Horry County, SC Master of Equity representative (Howe) on Feb. 6,2012. I knew nothing about this until March 6, 2012. I know how strange that sounds that I was not notified by MERS, but true. A MERS representative testified in court that I denied being myself to him which is false. I have owned my home since 1990. I sought legal advice from a practicing attorney and he confirmed the foreclosure procedure was illegal. My question with this foreclosure fraud delimma is how in our justice system is it legal for Countrywide Mortgage Lending to issue illegally structured loans of which the CEO was put in prison for issuing hundreds of thousands of these loans and after Countrywide closed their doors literally overnight any Bank or Mortgage company is allowed to (claiming) they purchased these illegally structured loans and foreclose on them through the assignment to MERS? If I bought a stolen car from the thief I would be liable for my purchase. How do the Banks get away with processing illegal loans? I don’t get the justice in this. I don’t believe they bought out Countrywide. Me or anyone else received notification of this transfer until about 3 months after Countrywide closed their doors. Bank of America contacted me by mail and ask me to send the descriptive information on my property. I stopped paying on my loan on October 2008. Since then Bank of America sent me a letter stating that they had dropped the insurance they were carrying on my property because my loan had been paid off. a few weeks later sent me another letter stating they were reinstating insurance on my property which was never in the original agreement with Countrywide ( I opted to pay my own taxes and insurance). There is no doubt about it this is a huge fraud all in the name of money. Bank of America recently offered me $2026.00 to pass the keyes to them peacefully. Banks have absolutely no reputation of helping anyone that owes them money when they are behind in payments. I find this offer suspicious sense they tell you (and did tell me when I phoned Bank of America) that all they do is process for other banks. I also have researched and have learned that there are several judges in many different states that will not accept the MERS assignment as a legitimate businees to assign the right to process these foreclosures. May God help us to stop the cruelty of these unjust actions of these Wall Street enemies toward the people of our society. It is hard to believe that this country bailed out these dishonest huge corporations with our tax money and now sits back and allows them to rob us with the foreclosure of illegally structured loans. Come on you honest citizens of this country, we need to do something now. We are not asking for free homes, we’re asking to be treated fairly and to be given a chance at fair negotiations.All of us are not people that are trying to bet the system. I can promise you I’m not looking for something to be handed to me free of charge. The lawyers that are capable of knowing how to handle these cases with any success are so expensive to hire that the average citizen cannot afford their employment. God seems to be our best chance at overcoming this huge power. HELP

    • Goi please go away! We are not in this for a” free house.” We are in this to correct a wrong! A fraud! A conspiracy! We are in this to gain justice for the American people! The ONLY people in this for a free house would be the banks.

  14. Goi, Go away.
    MERS does have standing. But they only track ownership in Stock Certificates. The promissory note is GONE. It was converted into stock certificates. Certificates are equity. MERS is the corpus for the property, the trust that the real property was placed into. What goes into a trust can’t come out. Fighting that MERS doesn’t have standing is a waste of time. What you should be fighting is how were the stock certificates being repurchased by the entity stating that they are now eligible to foreclose? Where is the accounting? MERS has records of “beneficial interest transfer”. Stock certificates must be assigned. Did they just dissappear? How did the stock certificates get from certificates back into a note? Why does the foreclosure trustee normally assign the deed of trust ot FNMAE or FDMAC minutes prior to recording the trustee deed? Why isn’t FNMAE or FDMAC named as the benificiary if this is the case. If they are foreclosing on the DOT, why are they assigning it after trustee sale?

  15. This is an interesting case in CA, but with 18 other states already coming down on this, it looks like legal president is clear. Now it’s a consumer protection issue, not so much a legal battle.

      • Hi Mary and all those that Matt scammed – he’s currently upped his game and about to get busted big time! He owns a restaurant near Ft. Worth, Texas and has been taking Federal income taxes out of peoples pay checks and then not reporting them. I assume he’s keeping the money. He is under investigation and hopefully he will get caught before he disappears. I hope that him, his wife and everyone else involved gets thrown in jail. If you are looking for him, I can give you the details of his wherabouts.

  16. Wow, I just went to work for this guy at the restaurant he has purchased… I watched some of the videos on YouTube, and serval of the people that says he helped them are his drinking buddies and his girlfriend is the one doing the interviews…..wow

  17. This is civil forfeiture. Most all attorney’s and judges know this. The American Bar Association has published articles for the attorneys stating this.
    If we keep eating each other and don’t stand up collectively, we will all lose. The goverment and Federal Reserve knew what was going on. They passed out money like candy to the banks, saying “go, lend to anyone you can find” “bring us promissory notes and deeds of trust”! Those deeds of trust were securitized into BONDS, sold to foreign national banks and investors. Kissed with FDMAC and FNMAE guarantees to make them AAA. HAH! little did they know that FNMAE and FDMAC were puppets fronts for the cons-soon to be seized by the government. Now what? The complicated securitization maze has left your deed bare, the promissory note gone. There is no loan! Go claim your property before someone else does. The debt collector goons (appointed “financial agents” by the Economic Stabilization Act of 2008 “the LAW”) are making claims to your property, reestablishing your note just by sending you a debt collection letter. OBJECT.
    don’t let them claim you owe any damn thing. you don’t. You were duped into being a surety for the originating lender for that lender’s warehouse line of credit to the FED. They securitized the DEBT of the originating lender into BONDS. through derecognition they took the debt off the originating lender’s books. In order to derecognize the debt, they had to relinquish control. Go look up FAS 140. If they seek control to foreclose, ALL that debt would come back onto the books and be recognized. They do not have control of the promissory note and deed – no one does. They made sufficient money from securitizing your promissory note and deed of trust to pay off your note and deed of trust 20 times. In order to put the deed into a ASSET backed security, your lein was subordinated to the trust.
    How many of you have TWO assignments?
    How many of you have noticed that at the trustee sale, the property gets deeded to FNMAE or FDMAC? WHY?
    How many of you got a “debt validation” letter or some letter stating that they wanted your approval to allow FDMAC or FNMAE to be a 3rd party on your mortgage years after origination?
    We need to quit fighting MERS and join them in our suit against the debt collectors.

    What did the government do with all that toxic preferred stock they bought through TARP? Yet the investors were screwed out of their investments, weren’t they? Convinced that the stock was worth nothing? Then why is the government attempting to reestablish the value of the stock by foreclosing on our homes? Convenient. Pass a law that allows the government to buy up all the stock that has been devalued to 5 cents or less, appoint “financial agents” goons to do robosigning and fraudulent foreclosures claiming that the “assets” they are foreclosing on are tied to this “stock” and screw all parties involved in the entire mess – debtor and investor alike. suck all the money and equity out of America.

  18. Did you know JP Morgan CHASE is the “agent” approved to hod the funds for securitizing all the Federal Court funds? google Court Registry Investment System CRIS.
    the Federal Reserve (not involved with the Federal Government, but a private organization) is monetizing the debt of the US. http://seekingalpha.com/article/158330-how-the-federal-reserve-is-monetizing-debt

    You want to audit the FED? end the fed? Bring it down?

    that is EXACTLY what the folks that run the fed want us to do.
    All throughout history they have destroyed their own shenanigans to create chaos and take over. Soros is notorious for this in other countries on the brink.
    We must be smarter than the few illuminati backed that want to destroy the US. See the truth first.

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