For those homeowners facing foreclosure, one of the best and most effective ways to keep your home is to declare bankruptcy. When you declare bankruptcy, you receive an automatic stay...
Take a look at this 2009 MERS Rules of Membership under Rule 8, Section 1) (c) on page 25.
(c) In the State of Florida, the authority to conduct foreclosures in the name of MERS granted to a Member’s Certifying Officers under Paragraph Three of the Member’s MERS Corporate Resolution is revoked. Effective June 1, 2006, the Member shall be sanctioned $10,000.00 per violation for commencing a foreclosure in Florida in the name of MERS.
This is most interesting for any homeowner living in Florida facing foreclosure who has MERS in their loans. The “lender” (also known as pretender lender or servicer) is stuck in a pickle.
They used to rely on MERS to perpetrate their foreclosure to bring questionable documents to court. However, after the fiasco with Robo-signers and numerous court challenges that have been ruled against MERS lacking the standing to be a true beneficiary, and therefore having no authority to assign any mortgages in Florida, MERS have quietly informed its members that it is no longer doing loan assignments.
BUT THIS STUFF STILL GOES ON!
These servicers/pretender lenders will go to any lengths to steal your house, preying on your ignorance. Hoping you don’t know their scam.
So what does this have to do with me? I am facing foreclosure and I live in Florida
It is imperative you download and read, and understand the MERS Membership Rules. You should already download and read the Foreclosure Defense Handbook, if you haven’t already. Read it and understand the scam that banks are trying to pull over your eyes.
Now, instead of relying on MERS to do their assignments as they have done in the past, these servicers are now doing their own document “reverse engineering” to create an illusion of chain of title.
By getting a Mortgage Scene Investigation (securitization audit), you should very likely find evidence of title reverse engineering that you can present to court as evidence that the servicer does not have proper standing nor proper chain of title to “steal” your house.
If you live in Florida, chances are you will be served with a Summons to go to court to defend your title against foreclosure. Most homeowners are ignorant and never even show up. If you put up a fight by answering the Summons and challenging the Plaintiff (the servicer)’s standing to foreclose, especially on the basis of their lack of “perfection of chain of title” for both the promissory note as well as the Mortgage (as it is required to be recorded at the County) to be “perfected”, then the servicer will have a difficult time moving forth with their lie.
On your mortgage, you will have language that gives the “Lender” the right to assign the mortgage. If the party doing the foreclosing is the servicer, then the servicer will need to prove standing. The Servicer is not “the lender”. These are two different parties.
On some mortgages, it might give MERS the right to assign the mortgage. You could bring this 2009 MERS Membership Rule into evidence to say, the Mortgage gave MERS the right as Beneficiary…not the Servicer. The Servicer is not the Lender nor the Beneficiary, therefore, does not have ANY RIGHT to foreclose, unless they can prove otherwise.
Remember, the Plaintiff bears the burden of Proof.
MAKE THEM PROVE STANDING before they can foreclose.
Good luck and God Bless.