Here is Litvin Law and Here is New England Title, and they are no doubt intrigued by the apparent lawlessness so rampant in New Hampshire as seen in the Linda Green 60 Minutes style case involving Jeanne Ingress, Wells Fargo and Merrimack Mortgage.
Where are the moratoria against foreclosures conducted without wet ink notes that we have seen in responsible states like Illinois, where Sheriff Tom Dart told these lying banks and their attorneys to get their poop in a pile or go to hell. He's also got great taste in music. Texas, where AG Greg Abbott means business. Of course even then you have no guarantee of Holder in Due Course status because my friends at 4Closure Fraud have noted one case that had not one but TWO original wet ink notes, ahem. Reader Supported News explains how to understand the entire MERS sham, to which I once unwittingly contributed as a licensed title insurance producer.
- Mortgage notes were not typically transferred to the trusts, as required by law. Further, there is no clear "chain of title" for these notes--which are actually presented for endorsement only on foreclosure (if then).
- MERS recommended that mortgage servicers retain the notes.
- MERS "deputized" employees of the servicers, pretending that these became MERS employees. This allowed the fiction that MERS had the notes so that it could foreclose.
I will discuss in part two the implications for the REMICs and the mortgage backed securities. Here I will focus only on the failure to comply with the requirement to properly endorse notes and to transfer them each time a mortgage was sold -- up to a dozen times over the course of the life of a mortgage through to foreclosure. Rather than following well-established law, MERS plainly directed mortgage servicers to retain the notes. Since most mortgage lenders and servicers are members of MERS, the plan was to pretend that transactions were "in-house", hence did not require transfers of notes or reporting of sales to the county recorders.But in New Hampshire NH Attorney General cum U.S. Senator Kelly Ayotte does not care what happens in Texas. This was evidenced by the fact that she refused to return the $10K from Taxmasters, some corporate scum who are being sued by the AG there.
Related: The Veuve Clicquot Challenge: