Foreclosure Links

Evidence Suggests MERS Was Conceived in a “Fraud Friendly” Way

 

Bank of America’s Assignment and Blank Endorsement Were Insufficient to Transfer Ownership Interest

2014-10-16 – Nash – Final Judgment

Bank of America, N.A. Successor by Merger to BAC Home Loans Servicing, LP fka Countrywide Home Loans Servicing, LP v. Nash, Case No. 49-2011-CA-004389, In the Circuit Court of the 18th Judicial Circuit, Seminole County, Florida

The Court finds that:

The Court finds that:

a.) America’s Wholesale Lender, a New York Corporation, the “Lender”,

Specifically named in the mortgage, did not file this action, did not appear at

Trial, and did not Assign any of the interest in the mortgage. ·

b.) The Note and Mortgage are void because the alleged Lender, America’s

Wholesale Lender, stated to be a New York Corporation, was not in fact

incorporated in the year 2005 or subsequently, at any time, by either

Countrywide Home Loans, or Bank of America, or any of their related

corporate entities or agents.

c.) America’s Wholesale Lender, stated to be a corporation under the laws of

New York, the alleged Lender in this case, was not licensed as a mortgage

lender in Florida in the year 2005, or thereafter, and the alleged mortgage loan

is therefore, invalid and void.

d.) America’s Wholesale Lender, stated to be a New Y ork Corporation, did not
have authority to do business in Florida under Florida Statute 607.1506 and
the alleged mortgage loan is therefore invalid and void.
e.) Plaintiff and its predecessors in interest had no right to receive payment on the
mortgage loan because the loan was invalid and therefore void because the
corporate mortgagee named therein, was non-existent, and no valid mortgage
loan was ever held by Plaintiff or its predecessors in interest. ·
f.) The alleged Assignment of Mortgage which purported to transfer interest in
this mortgage to BAC Home Loans Servicing, LP, FKA Countrywide Home
Loans Servicing, LP, as assignee, was invalid because Mortgage Electronic
Registrations Systems, Inc. (MERS), as nominee for America’s Wholesale
Lender had no authority to assign the ovmership interest of said mortgage,
because MERS was not the owner of the subject mortgage and was only a
nominee for America’s Wholesale Lender, an alleged New York Corporation
which was a non-existent Corporation. Said purported assignment was
without authority, and therefore invalid.
g.) Plaintiffs witness had no knowledge of who or what entity might have
instructed MERS as nominee, to attempt to assign or transfer any interest in
said mortgage, which in any event would have been invalid because that entity
(MERS) had no ownership interest in the mortgage and was merely named as
a nominee for the non-existent corporate m0rtgagee.
10. Based upon the foregoing, the Plaintiff, Bank of America, NA, has no standing to
bring this action. The Plaintiff has no legal right to attempt to claim ownership of the subject
Note and Mortgage, or any right as servicer, for some other unknown entity, and is without any
legal basis to attempt to foreclose the subject Mo1tgage, or to collect on the Mortgage Note,
because America’s Wholesale Lender, a New York Corporation, did not exist in 2005, and was
never formed as a Corporation by Plaintiff or its predecessors in· interest. The collection of
mortgage payments by the Plaintiff and its predecessors in interest, was therefore illegal and they
were without any legal right to receive and use or disburse the funds therefrom on behalf of any.
owner of the Note and Mortgage, or any other party.
11. Defendant is therefore entitled to recover from Plaintiff, all funds reflected on
Plaintiffs Exhibit 4 which Plaintiffs witness testified reflected the payment history of monies
paid by Defendant to Plaintiff or its predecessors in interest, because the subject note and
mo1tgage were invalid because the alleged mortgage lender did not exist and did not have the
legal right to receive and retain or disburse said funds.
12. Defendant is also entitled to recover from Plaintiff, all costs and attorney’s fees
incurred . . .

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19 thoughts on “Foreclosure Links

  1. You said it Jimmy. What fool is going to pay a Servicer such as Bank of America when the Entity, does not even exist? Lender America’s Wholesale Lender, A Corporation Existing Under the Laws of New York………… CWABS 2007-2 Under New York Trust Law……… I say the borrower has probably done more research and found more fraud and case studies than any attorney defending the borrower would ever put time into. This crap has literally consumed 4 years of my life. Quite frankly, I’m sick and tired of it. Fraud is Fraud and I have probably built a great case and evidence of fraud on my property. Now if I hired an attorney they would want to start from scratch and not even let me have a say in anything.

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  2. One more thing, the judges have turned it on homeowners by calling them deadbeats and they do not have clean hands either. So when you get into court the judge says “well how can I rule in mr. homeowners favor when he has not even paid. his note!'” this is the clean hands argument. My statement is simple. I have the money but I am not paying someone I do not owe. I will gladly show the judge i have it in escrow. I do not know what fool would pay someone that has no ties to a loan . Not me.

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  3. @Jimmy You are so correct. The second any attorney hears you say….. I haven’t made a payment in 4 years on the property, tables turn and you are the no good son of a gun. How dare you not pay even if you don’t know you is your Lender owns your loan or hold note. You pay them anyway. As far as I’m concerned just based on the FWP and when I closed on my property, the day I closed was the Title Companies time to add all parties to the contract. My gut instinct tells me that on 1/23/2007 when I closed on my property 155397447 was already in that pool because the number was assigned in pre-closing documents in Dec 2006. Who funded the loan in 2006. My paperwork reads Universal Mortgage not America’s Wholesale Lender. America’s Wholesale Lender changed at closing. Yes Title Companies Texas Saving and Loan Commission all knew that AWL was not registered to lend money. In Harris County TX I found where a DBA for America’s Wholesale Lender had been filed December 1, 1997 If you would like a copy for your records let me know) I will email it to you. Assumed Name Records Certificate of Ownership for Incorporated Business or Profession Valid for a Period not to exceed 10 years. America’s Wholesale Lender Business address 616 FM 1960 West, Suite 610 Houston TX 77090

    The name of the corporation, limited partnership registered limited liability partnership or limited liability company as stated in its articles of Incorporation, association, or organization or other comparable document is Countrywide Home Loans.

    The state, country, or other jurisdiction under the laws of which it was incorporated, organized or associated is, and the address of its registered or similar office in that jurisdiction is New York, 500 Central Avenue, Albany, NY 12206-2290 The Prentice-Hall Corporation System Inc.

    The period not to exceed ten years, during which this Assumed Name will be used 11-97 thru 11-2007.

    The corporation is a (business corporation)

    Susan E Kelsey, Sr Vice President

    The State of Texas is scratched out and California replaces (Texas)
    County of Harris is Scratched out and replaced with (Los Angeles)

    Notarized October 29, 1997
    Recorded in Harris County TX 12/1/1997.

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    1. no i have everything and more aware of this than most. as owner of companies that had fictitious entities i completely understand how they work. It is so simple but the layment cannot understand. It is impossible to walk in the state of texas for the last 30 years and slide this info under their radar. Lots of times people open corporations and then get a dba with them. So they style it XYZ dba ABC ( this ABC corp is the fictitious entity) which is not to be confused with fake entity. A fake entity or non entity would be America’s Wholesale Lender. As soon as anyone files with Secretary of State you are drilled with paperwork that must be complete to be in compliance. There is no way around it. You must also be approved for a license with Texas Savings & Loan Licensing. If not you will never obtain a permit or license, or tax number. It is impossible. You even have to stay in compliance every quarter or it will come up on the State Comptroller website and you will be cancelled. 1 million out of 1 million it could never be done. SO HOW DID AWL GET AWAY WITH IT- CUZ COURT CLERKS WERE TOLD WHAT TO DO BY HIGHER UPS- JUDGES, ETC….

      This is the facts, the truth and public should be outraged. But public does not have a thought anymore. Even I am scared to say factual things i know for fear of retalliation.

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  4. LDTX – I live in Texas and have been going to battle for my property with Bank of America, Bank of New York Mellon for over 3 years now. My argument is the Lender America’s Wholesale Lender, A Corporation existing under the Laws of New York Pool CWABS 2007-2. Bank of America consistently lies even after Bank of New York Mellon wrote to me and stated “BONY” Mellon is not a Lender, does not own loan or property, has no say in loan modifications. BONY Mellon is Trustee for Investors. However, Law Firms from BONY Mellon and BOA state otherwise writing that BONY Mellon is the Owner/Holder of Loan and Note. When I ask about the Lender America’s Wholesale Lender, it is avoided. My Deed of Trust and Promissory Note read “America’s Wholesale Lender” a Corporation existing under the Laws of New York with a address of 4500 Park Granada, Calabasas California. Here is what is so confusing to me, America’s Wholesale Lender did not exist as a Corporation in New York January 23, 2007 apparently when I closed on my home in TX. Title Company where I closed said they are not allowed to provide any information regarding Lender as it is private. (Pardon me!!! private?????) What is so private about the Lender? In October 2011, I requested via Qualified Written Request a Copy of the Blue Ink Note from Bank of America. After receiving a letter Nov 4, 2011 from Bank of America’s Consumer Advocate, The letter stated that Bank of America could not provide me with the Blue Ink Note as it had to stay in their possession in order to prove the debt. However after doing some further investigating in my Land and County Records, I found that on October 4, 2011 a Assignment of Deed of Tust was filed. Original Lender America’s Wholesale Lender, MERS 3300 S W 34th Avenue Suite 101 Ocala FL 34474 does hereby grant, sell, assign, transfer and convey unto the Bank of New York Mellon FKA The Bank of New York as Trustee for the Certificateholders of CWABS Inc Asset-Backed Certificates Series 2007-2 whose address is 101 Barclay St – 4W New York NY 10286 signed by (Initials CD) Christine Daymude, Assistant Secretary Mortgage Electronic Registration Systems, Inc. Besides feeling I should stop right there, I did locate 155397447 under CWABS 2007-2 on the SEC Certified FWP. I purchased a certified copy of the FWP and the PSA from the Security Exchange Commission. One thing this validated for me was this process of the alleged loan 155397447 being done somewhere between 1/23/2007 and 2/15/2007 as (2/15/2007) is the Reported date of the FWP. So I am trying to understand how the Pool closed Feb 28, 2007, the Assignment to BONY was filed 10-4-2011, and a Corporate Assignment of Deed of Trust then was filed and directly behind that was a Appointment of Substitute Trustee filed by the same person. When I say directly behind one another, I mean the File Numbers are consecutive (21-22-23-24) Here is the clincher, the person who signed the documents had different signature (don’t look the same) and she was the Assistant Secretary to MERS on the Corporate Assignment of Deed and on the Appointment of Substitute Trustee she is the Attorney in Fact for Bank of America. All of these documents filed between 11/4/2011 and 11/21/2011. So here we have that BONY Mellon has admitted they are not a Lender, do not own loan or property, have no say in Loan Modifications. In 2007, America’s Wholesale Lender a Corporation …………. was not so….. MERS could not be nominated as a Beneficiary to a non existing corporation…… not only in 2007 but for sure not in 2011. It appears we have violations under New York Trust Law with the PSA and we know alleged 155397447 does exist under the FWP. Here is Bank of America’s most recent response to me dated 12/24/2014 Re: BAC 97447 (Excuse me, I do not have a Bank Loan or BAC Loan Number 97447) as addressed in their correspondence. Bank of America N A as successor by merger to BAC Home Loans Servicing LP (Bank of America), Although your correspondence fails to state any specific basis for recission, the loan file was reviewed. TILA provides that if required notices of material disclosures are not delivered to the consumer, the right to rescind shall expire 3 years after the consummation of the loan. The right of rescission found in TILA does not apply to purchase money transaction enabled the borrower to aquire the subject property. Whoa wait a minute………. L E N D E R………. AMERICA’S WHOLESALE LENDER (does not exist) fictitious. Who is the Lender????? All parties Bank of America claims as persons of interest have no interest. We have NO LENDER, BONY MELLON does not own Loan or Property…….BOA Servicer, MERS nominee and Beneficiary?????? Who made you Nominee and Beneficiary????

    cont’d…. Based on the foregoing, any claim to the subject loan transaction pursuant to TILA is again denied and this matter remains closed. Hey Mortgage Resolution Specialist II, I never mentioned brought up or spoke of TILA violations in any of my correspondence. Why are you on the defense???? All I asked was about America’s Wholesale Lender. That is it!! A corporation existing under the Laws of New York with a address of 4500 Park Granada, Calabasas California.
    The L E N D E R who won’t answer a Qualifed Written Request from 4 years back. MERS who will not answer a Qualified Written Request and BOA you still haven’t produced the Blue Ink Note.
    Ever heard of a Scanner. Scanner’s will scan in color? Email aka electronic mail attachment.

    So there you have it. Here in Texas quite Fed Up with what we politely say is Bull Shit.

    Happy New Year in 2015

    May TO BIG TO FAIL have a miserable New Year!

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    1. it is even more simple that that , if you read texas property code and then check with secretary of state in Texas as well as Texas Savings & loan commission – they are supposed to monitor this yet know one has sued them yet. I have gone through exactly what you have and you are right and i am dealing with it going on 6 years. I want you to know that AWL was not registered to lend money in the state of texas, not licensed and only a trade name. Everyone knows including judges and court clerks. In a real world you would get your home, but we are not in the real world right now.

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  5. this was by design and i can guarantee you clerks were in on it and Secretary of State and many others. As a owner of a finance company and several fictitous entities in the past and a wife that is a clerk it is impossible to achieved what they did unless alot of people were in on it. For the laymen it seems overwhelming and the judges act confused but it is just this simple: xyz inc is the vehicle and if you want to attach a fictitious entity such as abc then it would be styled accodinly
    XYZ INC. DBA ABC – there is nothing wrong with that. Now in order to finance in each state you have to register as XYZ INC. DBA ABC in each state. You cannot go to another state and just register as ABC because that is not the legal standing of your company and it is fraud. The clerks know this. I cannot explain to you what a red flag this draws. Not only do the court clerks know this every title company in America knows this. Anytime title is opened you must verify residence of all companies………this is a standard process. Therefore if ABC just came down to your state and said I want to lend money in the state of Texas or any state they would have to qualify by filling out Corporate Resolutions to do business in the State, get fingerprints, Secretary of State would have to qualify the XYZ INC. and where they are located and must obtain Corporate Charter with the embossed stamp. This is how it is done all day, every day, 1000 times a day but mysteriously when Countrywide Home Loans Inc.dba Americas Wholesale Lender came to Texas the minds of 1000s of people just slipped. This is the largest conspiracy and how they got away with it is amazing. I will tell you this –If i had never experienced life lessons on finance and fictitious entities and how to syle corporate docs as well as have a wife that was a title clerk then it would confuse me. But this is impossible to do unless your purposely doing it.

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    1. Jimmy S Thank you so much. So is this considered a TILA violation? Bank of America wrote me and said well you may have found this but now it is too late for you to file a TILA Lawsuit because you had only 3 years after the finding to file. I told their so called Litigation Specialists that this is something as a borrower I should have never had to worry about. So they think 4 1/2 years after CWABS 2007-2 Pool closed and there is no America’s Wholesale Lender that MERS could just magically become beneficiary and file a conveyance over to Bank of New York Mellon and forge documents and this is perfectly acceptable? The Lender is clearly America’s Wholesale Lender A Corporation Existing under the Laws of New York. Countrywide dba is nowhere on the document until 2012 when Blank and Rome sent a fabricated copy of the note with Pay to the Order of without Recourse Michelle Sjolander Executive Vice President Countrywide Home Loans dba America’s Wholesale Lender. Funny the note they sent which was to be a true in correct copy November 4, 2011 did not have this stamp on it.

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      1. there really should be no statute on fraud. The reason we have Judges and jurors is for them to make these decisions. Yes , what you stated is correct but where is the Truth in Lending Act come in when there was no truth in this lending. I honestly believe there was a bigger dominoe effect due to the predatory lending then we recognize. Due to Federal Bank Examiners tightening credit after checking these bogus balance sheets. You have to keep fighting, bring it before a jury and argue your case. Also something I find interesting and everyone in this predicament should relate to this: For Texas we have a Secretary of State, Texas Finance Code, Texas Department of Lending Dept. , there is several others as well ………….Corporation committees. Either way these institutions are in the business of protecting the consumer from all of this. No one has sued any state agencies for allowing these lending practices to slide through the cracks. You can even see in the statutes where it is a must on how securites such as mortgages are transferred. I have finished my complaint and fixing to file this week or next. I have been on the sidelines for along time and I have no problem sharing what happens with anyone. I want to beat them because i have a bigger axe to grind then anyone could ever imagine. I had a bank beat me out of 3.5 million already and flat stole my money. It is now personal with me. My family and I have gone through hell due to the bankers and judges. However I chose to live a life that my grandfather will be proud of me and my childrens, children. Therefore i will not stop, but not for me, but others. Do not fight and let it consume your life, but because it is the right thing. Something good will come from it . Keep me posted . If you have specific questions i will try to answer and tell you where to go. Even legal questions i will do my best. Good Luck!!!

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      2. Leah, my name is Rich Rendina. I reside in Palm Beach county, Florida. I HAVE THE SAME EXACT ISSUE! WE SHOULD DISCUSS IN DETAIL. I will be hiring a document examiner as to the “original note” and blank endorsement. My e- mail will be provided to you ASAP.

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      3. I was worried about that. However what if you did a modification within those 3 years would it not start the process over again. Either case I always liked the Nash case out of Florida (before this case existed this was my argument and many others ) and I still believe that is the right course if America’s Wholesale Lender funded your loan because factually they were not allowed to do business in any of these states. I am quite sick of it as well and this disconnect in the country with the law is mind boggling. Everyone knows FRAUD was committed. Everyone!!! So why is no one doing a thing about it.

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      4. Here is the course of action I am taking in regard to America’s Wholesale Lender with Mers as the “nominee mortgagee”. The key to this is the recent US Supreme Court case as to rescission and TILA fraud by Countrywide. First, the Nash decision is on appeal in the 5th DAC in Florida. It is an excellent decision, but until the appellate court rules it is only persuasive. As we all know, most Judges will side with the bankster-gangsters unless they have no legal choice.
        However, I recommend the following action be taken. I am not a lawyer, therefore this is not legal advice, just a course of action I am taking:
        1- Send a “certified letter” to the current bank that has filed the foreclosure and demand rescission for fraud and TILA violations.
        2- The fraud and misrepresentations at closing were blatant deceit and fraud in “hiding ” the fact that Countrywide was “behind” the funding and it was NOT represented to the borrower. IF the dba was NOT on the note, even better.
        3- If the current plaintiff bank does not file a response in court within 20 days, they are in default.
        4- Once they are in default, send them a notice of default and SUE THEM in your local jurisdiction. At that point, they can raise any defenses to the request for rescission, since they are in default. PLAY BY THEIR RULES.
        It will be an uphill fight, but continue to legally harass them until the tide turns.

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      5. ONE MORE COMMENT- THE PATRIOT ACT ALLOWS FOR STATUTES TO NOT BE IN PLACE. SPECIFICALLY APPLIES TO EVERYONE IN THE US. SO HOW DOES IT APPLY FOR TILA- DOES ANYONE KNOW. BANKS CANNOT BE IMMUNE TO PATRIOT ACT JUST AS THE CITIZENS ARE NOT.

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  6. What is the implication of this court case for current mortgage holders in Florida when America’s Wholesale Lender is anywhere in the chain of title? Can suit be brought prior to foreclosure to invalidate the loan and return the payments?

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      1. hello, i have been asking for weeks now, at the secretary of state, and the occ, and national mortgage listing service this same question, that many should do, in 2005 as to my mortgage date, i have ask for in mass, who owns ,and is listed on the mortgage lenders license # mc1045 in mass. am hoping to find that the only name on that license is, GMAC MORTGAGE, AS you all should know by know there is a difference in all gmac mortgage, shall game names, but all must be LICENSE IN YOUR STATE TO DO BUSINESS!!!! AS A MORTGAGE LENDER!!!! and so far no one has shown me that gmac mortgage corporation,inc. that is stated in my mortgage and on my mortgage note, AS LENDER. WAS A LEGAL MORTGAGE LENDER UNDER MASS LAW, OR ANY OTHER STATE LAWS. SHOW ME THE LICENSE.

        GREAT JOB ON THIS ONE, ITS ALL FRAUD.
        DAVID A BELANGER
        DJABELANGER@HOTMAIL.COM

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  7. Reblogged this on Deadly Clear and commented:
    Homeowner wins judgment against BANA based on fact America’s Wholesale Lender was never a legal entity at the time the mortgage and notes were executed. Court rules that Homeowner can recover all payments, with interest, and attorney’s fees.
    See paragraph 9
    (b) The Note and Mortgage are void because the alleged Lender, America’s Wholesale Lender, stated to be a New York Corporation, was not in fact incorporated in the year 2005 or subsequently, at any time, by either Countrywide Home Loans, or Bank of America, or any of their related corporate entities or agents.
    (d) America’s Wholesale Lender, stated to be a New York Corporation, did not have authority to do business in Florida under Florida Statute 607.1506 and the alleged mortgage loan is therefore invalid and void.
    (e) Plaintiff and its predecessors in interest had no right to receive payment on the mortgage loan because the loan was invalid and therefore void because the corporate mortgagee named therein, was non-existent, and no valid mortgage loan was ever held by Plaintiff or its predecessors in interest.
    11. Defendant is therefore entitled to recover from Plaintiff, all funds reflected on Plaintiff’s Exhibit 4 which Plaintiff’s witnesses testified reflected the payment history of monies paid by Defendant to Plaintiff or its predecessors in interest, because the subject note and mortgage were invalid because the alleged lender did not exist and did not have the legal right to receive and retain or disburse said funds.
    12. Defendant is also entitled to recover from Plaintiff, all costs and attorney’s fees … Thanks, Steve!

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