Certified Forensic Loan Auditors, LLC

 
  Upcoming Classes

The "MERS-LPS Racketeering Enterprise": Harkey V. US Bank Et Al.

libertyroadmedia.wordpress.com | January 27, 2015

A complaint filed on January 20, 2015 in U.S. District Court for Nevada—Michael Harkey v. U.S. Bank et al. (Case No. 2:14-cv-00177-RFB-GWF)–really breaks down exactly what the scam of MERS is, and it does so with a level of clarity and certainty the likes of which I have rarely seen. The document even gives the foreclosure fraud a more accurate name: “The MERS-LPS Racketeering Enterprise.” While reading it, I thought, “This is too good not to share,” so here are a few selections, just from the section labeled “THE PARTIES AND THEIR RELATIONSHIPS TO EACH OTHER AND TO THE SUBJECT MATTER”, which begins on p. 3 and can be downloaded and viewed here (to save you a trip to PACER): Harkey v. US Bank

This section of the complaint begins with a recitation of the history of the different iterations of and relationships between “MERS”, “MERSCORP”, and “Mortgage Electronic Registration Systems, Inc.” and concludes the following:

“l. The name Mortgage Electronic Registration Systems, Inc. which appears in over 62 Million Mortgages and Deeds of Trust throughout this nation actually the former name of MERSCORP and it is MERSCORP which has the “members,” owns operates the electronic tracking system registered as MERS® (purporting to be an alternative to the public records system), enters into contracts with its “members,” and establishes the Rules under which the MERS® System operations.

m. When MERSCORP created MERS III at the behest of the ratings agencies who were rating the mortgage backed securities sold by MERSCORP’s “members” and the other participants in what has been identified as the MERS®-LPS Racketeering Enterprise, MERSCORP pretended that MERS III would function in the same capacities as MERSCORP had previously functioned under the name of Mortgage Electronic Registration Systems, Inc., which was as a “common agent” for MERCORP’s “members.”

n. MERS III, as a “bankruptcy remote,” shell corporation with no employees and, therefore, no human intelligence, and having no “members,” is legally incapable of acting as an agent or a “common agent” for members of MERSCORP.” pp. 10-11

For my money (pun intended), this is the kicker—the fact that the mortgages and deeds of trust that purport to make “MERS” the “mortgagee” or “beneficiary” would have had to have the name “MERSCORP” on them instead of “Mortgage Electronic Registration Systems, Inc.” in order for their little scheme to have even begun to have any legitimacy:

o. In order for the vaunted “common agency” to be effective, MERSCORP would have to be the named agent appearing in the Mortgages and Deeds of Trust and all “trades” would have to be conducted between “members” of MERSCORP.” p. 11

This complaint points out, as we have here at LRM, that MERS is the “invisibility cloak” of the banksters and it is this purposeful opacity that has allowed the banks and servicers (often one and the same) to collect multiple times on the alleged “default” of homeowners, via the mechanisms of the bailout, QE, credit default swaps, etc.:

“p. As will be demonstrated herein, the unregistered and unregulated securities deals and trades conducted behind the veil of MERSCORP, masquerading as Mortgage Electronic Registration Systems, Inc. in its third iteration, as MERS III, are not even supervised by MERSCORP for compliance with its own “Rules” purporting to create the common agency, by which millions of homes have been liquidated upon claimed defaults which did not actually occur.

q. The claimed “defaults” were almost always covered by mortgage insurance, credit default swaps and funds made available by Congress through the Troubled Asset Relief Program (TARP) funds, along with the Quantitative Easing (QE) programs (QE I, QE 2 and QE 3) operated by the Federal Reserve System, and were paid multiple times upon purported defaults engineered by CREDIT SUISSE and other members of the US Dollar LIBOR Panel in order to collect on multiple secondary payment systems established at the time of the unregistered securities offerings.

r. The proceeds of the ultimate foreclosure liquidations of United States homes under the MERS®-LPS RACKETEERING ENTERPRISE, in excess of the payments obtained from private mortgage insurance, unsubrogated credit default swaps, TARP funds, and QE payments are paid to the “servicers” who initiated the foreclosure process to obtain the bonus payment for liquidating this nation’s homes for defaults already cured by multiple payments.” p.11

And that’s only the tip of the iceberg of what the complaint gets into regarding MERS. Check it out for yourself at the link above or here: Harkey v. US Bank

 

------------------------------------
Nancy Duffy McCarron, CBN 164780
Attorney, Real Estate Broker, BBB Arbitrator, CA Notary Public
Certified Forensic Loan Auditor, Property Manager

 

Back to Letters from the Editor Archive

CFLA was founded by the Nation's Leading Foreclosure Defense Attorneys back in 2007 to serve the Foreclosure Defense Industry and fight pervasive Bank Fraud. Since opening our virtual doors, CFLA has rapidly expanded to become the premier online legal destination for small businesses and consumers. But as the company continues to grow, we're careful to hold true to our original vision. For us, putting the law within reach of millions of people is more than just a novel idea—it's the founding principle, just ask Andrew P. Lehman, J.D.. With convenient locations in Houston and Los Angeles, you can contact Our National Account Specialist and General Manager / Member Damion W. Emholtz at 888-758-2352 for a free Mortgage Fraud Analysis or to obtain samples of work product, including cutting edge Bloomberg Securitization Audits, Litigation Support, Quiet Title Packages, and for more information about our Nationally Accredited and U.S. Department of Education Approved "Mortgage Securitization Analyst Training Certification" Classes (3 days) 24 hours for approved CLE & MCLE Credit (Now Available Online).

SEE BELOW- http://www.certifiedforensicloanauditors.com

Call us toll free at 888-758-2352

Bookmark and Share
spacer
Facebook Like us on Facebook
Twitter Follow us on Twitter
YouTube View our YouTube Videos
LinkedIn Connect to us on Linkedin
 
BBB Logo

 

spacer
Contact us or view our Sample Documents & Audits by completing the form below.

  • Reload
  • Should be Empty:


 

DVD Sets Only $99

 

FREE Mortgage Fraud Analysis

 

Order Cutting-Edge Services Now

 

Quiet Title Packages from Licensed Attorneys

 

Affiliate Services

 

CFLA Sponsored Attorney Links

 

Take-Home Education Package

 

ALB Law Firm

 

Advocate Legal

 

The True News Network

 

Sutton Law Firm, P.L.L.C.

 

Rubenstein Business Law

 

Atighechi Law Group

 

Scunziano & Associates

 

Get Certified to Perform Mortgage Securitization Audits

 

CFLA Training Academy

 

Expert Witness Services

 

Cutting Edge Expert Securitization Reports

 

CFLA Credit Cards

 

Breaking News

 

Letters to the Editor

 

CFLA Weekly Newsletters

 

Code of Ethics

 

Testimonials

 

Instructional Videos

 

Job Opportunities

 

License Opportunities

 

MARS Rule

 

Product Samples

 

Resource Links

 

Servicer Information

 

Foreclosure Laws

 

REST Report

 

Quiet Title Packages from Licensed Attorneys

 

Advertise on CFLA

 

Advertising Space: Mortgage Securitization, Quiet Title

 

Certified Forensic Loan Auditors, LLC
13101 West Washington Blvd.
Suite 444
Los Angeles, CA 90066

Phone: 832-932-3951
Toll Free: 888-758-CFLA (2352)
Mobile Users: CLICK TO CALL
info@certifiedforensicloanauditors.com

   
 

CFLA IS NOT A LAW FIRM AND DOES NOT PROVIDE ANY LEGAL ADVICE. CFLA DOES NOT OFFER FORECLOSURE CONSULTING OR FORECLOSURE RELIEF
SERVICES. CFLA DOES NOT OFFER OR ASSIST WITH ANY LOAN MODIFICATION SERVICE. CFLA ALWAYS RECOMMENDS THAT CLIENTS RETAIN COMPETENT COUNSEL IN THEIR RESPECTIVE JURISDICTION. CFLA HAS A FREE PROGRAM TO REFER CFLA CLIENTS TO LAW FIRMS IN NEARLY EVERY STATE AND CFLA
DOES NOT CHARGE OR OBTAIN REFERRALS FEES FOR THESE SERVICES. SERVICES NOT OFFERED TO RESIDENTS OF THE STATE OF NEVADA.

 
Home About Us Privacy Policy Terms of Service Disclaimer SERVICES Careers Contact Us
 
COPYRIGHT © 2007-2016 Certified Forensic Loan Auditors ™ All rights reserved