A HEALTHY DEBATE WITH OUR CLERK OF COURT

RE: Assignment Fraud… Felony?‏

Sent: Tue 12/29/09 11:33 PM
To: Scott Ellis (scott.ellis@brevardclerk.us)
Cc: pete.griffin@brevardclerk.us; frank.sakuma@brevardclerk.us; howard.tipton@brevardcounty.us
Attachments: 1 attachment
2009 NSP_…ppt (678.5 KB)

Mr. Ellis,

These documents are a direct link to
the biggest heist any of us could ever fathom, it’s the reason why the
US economy tanked. The fact is MERS is not licensed to do business as a
lender in any of the 50 states. I know that the Clerk of Court has
missed millions of dollars in revenue by way of MERS taking place over
proper assignment and discharge of mortgages.

For example, my
mortgage was assigned to SunTrust but they never appeared on record as
having an interest in my property. It (MERS) conveniently masquerades
as a lender on mortgage and title but they are not qualified to do so
and basically cover for the fraud that is taking place on multiple
levels on the back end of the transaction. Notes are subsequently
collateralized and swapped and sold and insured and a lot of people
across the securitization chain have an interest in the property (see
attached power point). 

Except in my situation Wells Fargo
Bank, N.A. was the Master Servicer and also the Securities
Administrator. HSBC Bank USA, National Association was the Trustee,
Suntrust Mortgage Inc. was the Servicer Sponsor and Seller & Bear
Stearns Asset Backed Securities I LLC was the Depositor.

Lost note?

But
there is absolutely no chain of chain of custody recorded in public
record. Has anyone ever challenged the validity of having a non-lending
company recorded as lender? We may as well call them SCAM-MERS. It’s
not about locking up the mortgage system. It’s about having a chain of
title that is "proofed-up" on uncontested foreclosures where MERS and
"lost note affidavits" are at hand.  

Doesn’t an assignment of
mortgage from somewhere out of left field from Chase employees acting
as VP’s of MERS to Chase raise a red flag?

Respectfully,

  -TW    


Subject: RE: Assignment Fraud… Felony?
Date: Tue, 29 Dec 2009 18:47:39 -0500
From: Scott.Ellis@brevardclerk.us
CC: Pete.Griffin@brevardclerk.us; Frank.Sakuma@brevardclerk.us

I think this has been an accepted practice
for a number of years with co-indexing the electronic firm and the lender, Mr.
Webster.  MERS is simply an agent for MFC Mortgage is the assignment.  You
would need to track agreements between MERS and MFC to determine their agency
status.

 

The foreclosures have been going through
based on original notes, although we certainly had a flurry (finally) of
Assignments coming in.  There is no way any of the foreclosures will be stopped
on this issue.

 

In practical terms, to do so would
completely lock up the mortgage industry even further than it is now.  No
mortgages would be written as the legal issues were cleared.

 

Thanks, Scott

 



Sent: Tuesday, December 29, 2009
5:36 PM
To: Scott Ellis
Subject: Assignment Fraud…
Felony?

 

Mr. Ellis,

This is where the rubber meets the road! Attached please find a copy of the
recorded Assignment of Mortgage from MERS to Chase (on my home).

The problem is, the two individuals who signed as VP of MERS are actually
employees of Chase. So the assignor and the assignees are one and the same.
From what I gather this is a third degree felony (see attached FL fraud
statutes). Please reply with your thoughts when time permits. Thank you!

  -TW



To: scott.ellis@brevardclerk.us
Subject: FW: MERS_Foreclosures & Securitized Loans
Date: Tue, 29 Dec 2009 17:14:15 -0500

Mr. Ellis,

I appreciate your time and effort. Can you have someone in your IT department
create a custom data query to obtain the information? It would take me forever
to go through those entries one at a time. Your input is greatly appreciated!

Thank you!



To: charlie.crist@myflorida.com
CC: mark.vanbever@flcourts18.org; howard.tipton@brevardcounty.us
Subject: MERS_Foreclosures & Securitized Loans
Date: Tue, 29 Dec 2009 17:04:50 -0500

Dear Governor Christ,

I am writing to you today to ask for your help. I am searching for answers to
why more than 60 Million homes in America now have "toxic
titles" as a result of securitization and how men, women and families are
being forced into homelessness unnecessarily.

This is largely a result of MERS and securitization. Lost note affidavits are
commonplace as many legal scholars speculate they were intentionally destroyed
to stop the audit trail.

TARP, AIG, AMBAC and other forms of excess remuneration have paid off many of
the notes in the MBS pools and it is next to impossible to get the loan
servicer to offer up information relative to the MBS pool, the SIV or SPV that
was designed to hold these mortgage notes.

Is it possible that the notes were never delivered to the trust, only pledged,
similar to the naked short sale that is prominent on Wall Street? Yes.

Is is possible that the servicer is taking the property out of trust without
consent of the trustee or investors who are "at risk" (aka the real
lender involved in the transaction)? Yes.

Is it possible that the REAL lender (the investor who purchased the securities,
aka – holder in due course) may come back to make a claim on the property? Yes.

Will a title insurance company cover any such claim? Probably not. 

My question is this; why are we needlessly putting more people out of their
homes and onto the street when the new purchaser on a foreclosed home will
likely not be able to get clear title to the property? Why are lost note
affidavits commonplace but magically appear after the borrower has left the
home?

Since taxpayers now own about 80% of AIG, as well as Fannie/Freddie & our
generous outlay of TARP money, don’t we collectively have a right to know who
the REAL parties of interest are on these loans, who the REAL counter parties
are to AIG/AMBAC payouts and who REALLY owns these notes?

I understand that these mortgage notes were insured up to 30 times the value of
the property. So there is no incentive to modify a mortgage because there is no
insurance for that. They only collect if there is a default.

Since Wall Street lied to investors are we now supposed to believe that they
are telling the truth to homeowners? A simple solution would be to have the
courts require anyone filing a foreclosure with a lost note affidavit to
"prove-up" the chain of custody on these notes.

I am personally affected by this and have a toxic title to my home as well. I
spent more than two decades in the housing industry and lost more than just a
career… my industry evaporated and my wife and child have since moved away
due to our financial problems.  

Your reply is greatly appreciated. I am available to meet in person or speak
over the phone at your convenience.

Thank you very much and have a great afternoon!

Best regards,

  -TW

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