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CA District Court MERS v Robinson

March 2, 2014

View MERS v Robinson on Scribd

Judge Guetierrez wrote an excellent opinion here explaining the subtle differences between having an "interest" in property, such as easement or a claim like MERS, and having a right or adverse interest against TITLE to the property (a pre-requisite to the right to notice under a 760.010 QUIET TITLE action)

Basically Judge holds homeowner was not required to serve notice of quiet title action to MERS because it was not the "beneficiary" or party entitled to collect payments on trust deed. MERS admitted it was only a "nominee" on the TD.

THIS MEANS YOU CAN FILE A QUIET TITLE ACTION AND ONLY NEED TO SERVE ORIGINAL LENDER ON TD

I have been telling everyone for the last 3 years that their best claim was quiet title notifying SHAM lender now Judge Gutierrez gives my argument LEGAL SUPPORT IN THE FEDERAL COURT, CENTRAL DISTRICT.

JUDGES ARE FINALLY GETTING IT!!!

If the originally named lender does not exist any longer (like Wamu NA) or all the other sham entities banksters used as SHAM lenders on the original docs—just mail notice to last known address of wamu listed on your paperwork (or give "Notice by Publication" for two weeks by ad in your local newspaper) then petition court to enter DEFAULT judgment quieting title and expunging the lien when no one answers in 30 days. Then it is up to bankster to try to get that default judgment set aside.

This puts you on the DEFENSIVE. Bankster has to affirmatively file new case JUDICIAL FORECLOSURE—they cannot just foreclose on 21 days notice of sale by their conspiring "trusee"because you just got the trust deed expunged.

On JUDICIAL foreclosure you get the "right to redemption" for one year from when they foreclose & sell.

Argue the bankster's claim to set aside default judgment is a DE FACTO.

JUDICIAL FORECLOSURE—Under CCP 726 (this is the one form of action rule kicking in) where you can invoke right to redemption for one year.

Then, in discovery DEMAND WHOMEVER THEY CLAIM IS THE NEW LENDER BY ASSIGNMENT TO PROVE THEY PAID VALUE FOR THIS ASSIGNMENT AND WHAT THEY PAID IN VALUE OR CONSIDERATION FOR ASSIGNMT.

(the NEW LENDER probably paid 3 cents on the dollar if anything at all)

Then YOU TENDER THAT AMOUNT UNDER YOUR RIGHT TO REDEEM (pay what new guy paid for the LOAN)

Then you will clear the lien by paying the 3 cents on the dollar the new bankster paid for your loan when he bought it from his other bankster buddies (Andy Beal bought ALL his loans for 3 cents on dollar).

Isn't that justice? You will then own your home free and clear by paying 3 cents on the dollar to discharge the loan.... after all shouldn't you have the right to "buy your loan" for 3 cents on the dollar?

It is YOUR BLOOD equity and labor FOR YEARS which MUSHROOMED the home's value into today's $$$

ARGUE TO THE JUDGE THAT THIS IS AN EQUITABLE RESOLUTION OF THE CASE AT ITS BEST!

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

 

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