Important Court Cases
- MERS v. Nebraska Dept of Banking and Finance – MERS is not a mortgage banker 2005, Cite as 270 Neb 529
- Landmark National Bank v Kesler – KS State Supreme Court
- MERS, Inc., Appellant v Southwest Homes of Arkansas, Appellee The second State Supreme Court ruling – AR
- US Bank NA v Ibanez Motion toVacate, MA State Land Land Court – Be sure to read the conclusion
- Wells Fargo NAS v Farmer Motion to vacate in Supreme Court, Kings County, NY
- Joshua v. Stephanie Mitchell – Bankruptcy Court, NV
- In Re: Wilhelm et al., Case No. 08-20577-TLM (opinion of Hon. Terry L. Myers, Chief U.S. Bankruptcy Judge, July 9, 2009) – Chief US Bankruptcy Judge, ID – MERS, by its construction, separates the Mortgage from the Deed of Trust
- MERS v Johnston – Vermont Superior Court Decision
- Wells Fargo v Jordon – The Boyko Decision, OH Appellate Court
There are others, all over the country; at district level, at appellate level, at the Temporary Restraining Order (TRO) stage, at the State Supreme Court stage, in Federal Bankruptcy Court. The issue is so clear one suit was brought by the Federal Bankruptcy Trustee. They all speak to the same issue. I believe the most damning are the initial decision in 2005, followed by Landmark, US Bank Ibenez, and Wilhelm, et al. Read all of these cases, especially those four called out, and you begin to see clearly how it is MERS can neither foreclose nor deliver clear title. It is MER’s very essence. The very documents which created it precludes it.
Fifty Million mortgages at a conservative $150K each. That’s $7.5T. Truth of the matter is, the average is probably more like $250K ea which works out to $12.5T.
How do we bail that out?
The consistency of the Court decisions from Arkansas, Idaho, Nevada, Vermont, New York, South Carolina, California, and others which have repeatedly dismissed MERS’ purported “authority” to do anything. MERS’ alleged “authority” to do anything (other than perhaps clerical recordkeeping) is a fantasy and a fiction created solely in the minds of MERS, the foreclosure mill attorneys, ”trustees” of securitized mortgage loan trusts, and other purported MERS “assignees” for the express purpose of perpetrating a fraud upon the courts and a theft upon borrowers.
If you want to find out if you have MERS on your mortgage, go to your local county courthouse recorder’s office and tell the nice people you would like to do a title search on your house. Compare what’s in your papers with “What’s in a Name”
If you find MERS on your mortgage and would like the name of the foremost attorney in this new emerging case law, please leave a comment anywhere on this blog asking for it.
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March 3, 2010