ENJOY THE HOLIDAYS ??

                      Enjoy the Holidays..........until.............??????

                          EVICTIONS RESUME JANUARY 3rd

National Blog recognizes: OhioFRAUDclosure (Mandelman Matters - HERE)

A MERSY CHRISTMAS

It will be right after Christmas, and they’ll still take your house
That Predator Drone - Lerner Sampson Rothfuss
Their documents were strung together without care,
Have a missing assignment? LPS will be there!

The attorneys said “We’ve put our problems to bed”
As fraudclosure whistleblowers were turning up dead.
There’s Biden in Delaware, and Martha in Mass.,
Who finally said, “Let’s kick bankster axx!”

There’s Miller in Iowa who’s leading the chatter,
“Millions of foreclosures? Hey, what’s the matter?”
Amnesty for the banks who started this crash,
For a slap on the wrist and a wee bit of cash.

And soon we will see it was all just a show,
They’ll be working on tans with friend Angelo.
“Trash Out” companies break into homes without fear,
It’s a civil matter and the cops won’t appear.

They’ll doctor the proof to steal your home free and clear,
With forged notes backdated five years!
A VP with a short name will do the trick,
Boy! That Linda Green can sure sign ’em quick!

More rapid than a machine she signed her name,
And under deposition the rest of them came.
Sign Linda! Sign Crystal! Christine and Bryan!
Sign Stephan, Sign Hoye, Thomas and Samons!

We’ll pay you more than you can make at the mall,
Now sign away, sign away, sign away all!
You can apply for a loan mod but it surely won’t fly,
You’ll be met with obstacles that reach to the sky!

So short sale your house, sign a deed in lieu,
Or we’ll do what is necessary to take it from you!
In rocket-docket court the homeowner bears the burden of proof,
Ninety seconds to save your home and then it’s gone – poof!

                                               the rest of the holiday poem  (HERE)

Original Poem (without two line edit & embedded links) Courtesy of our friends at 4closurefraud.org

HO, HO, HOmeless!

A SHOCKING "look-back" from  Mandelman Matters

.......A father of three stands in the shadows made by the tree in the front yard of his home of 14 years.  It’s 2:30 AM.  He’s wearing a tee shirt and boxer shorts. The wind is audible and cold.  His eyes fixate on the flower box he built his first year as a homeowner.  His stare moves to the driveway… his driveway… and remembers pitching underhand to his youngest son.  He had thought they would live in this house forever.  He absent-mindedly scratches his chest with the barrel of the .38 Smith & Wesson Super he’s holding in his hand.  He wonders if insurance policies pay off after suicide.

........A mother is on the phone first thing one morning.  She reads my column on-line.  She calls to tell me that her son, 41 years old, hung himself in the basement of his home last night.  She found him yesterday morning.  He had been laid off and out of work for nine months. He tried to convince his bank to modify his mortgage since then.  Went through his savings.  Started spending hers. Her voice shakes.  “Now,” she says, “the bank will finally get what they’ve wanted all along… his house.”

MERS on Life Support - legal rasping - Death is near

MERS legal department: "DEATH RATTLE" & "RASPING" has begun as
MERS CORP. CEO prepares a "DNR" order (See picture below)
GOVERNMENT entities* said to assist patient (MERS) with dying wish
                              DNR = Do Not Resuscitate

*DELAWARE = Attorney General Beau Biden SUES MERS (see above video)

Read the press release announcing the lawsuit 

Download a MERS Fact Sheet
Read the complaint

What is MERS? **
Who is MERS CORP? **

Mortgage

Eliminator

Rip-off

System     

          of

Corrupt

Officers &

Repugnant

People

OUR WHOLLY OWNED & MONEY MAKING rip-ff SUBSIDIARY

Money

Enrichment &

Reward

System  
**Any similarity of acronym or name(s)... to a real business... is purely coincidental

MERS CORP. CEO signing patient (MERS) -  Do Not Resuscitate order

* Federal Government entities prepare for the disconnection of MERS "life support"
while individual STATES* (below) respect the "DNR" request for NO "heroic efforts"
(Translation: NO FEDERAL money or bail-outs - NO settlement $$$ with state AG's)

County Recorders vs. the MERS Machine

Deed keepers say they’ve lost millions to the mortgage industry

*PENNSYLVANIA:  Montgomery County Recorder of Deeds Nancy Becker
Recorders generally don’t make headlines, but Becker’s public protests did. (See Below). She says she was thrilled when she received a flood of “You go, girl!” e-mails cheering her on. The mini-movement’s main champions are John L. O’Brien, keeper of land records in Salem, Mass., and Jeff L. Thigpen, the register of deeds in Greensboro, N.C. In April they asked Iowa Attorney General Tom Miller, who heads a group that’s negotiating with banks over wrongful foreclosures, to press for reform. When O’Brien’s and Thigpen’s letter to Miller made national news, the men began teaching other recorders how to get what they say they’re due.
Counties in Kentucky, Ohio, Oklahoma, and Texas have filed suit for back fees. In one of the largest cases, Dallas County sued MERS in October, saying the company owes it as much as $100 million. (Read the full Bloomberg Businessweek story HERE)

Montgomery County Recorder of Deeds Nancy Becker is urging registers of deeds across state and the country to withdraw public money from any banks affiliated with the Mortgage Electronic Registry System (MERS), which she claims is undermining the practice of accurate land recording.

"In recent years, mortgages have been assigned and reassigned multiple times, and when a bank or other entity doesn’t properly report these transfers, it makes it very difficult for homeowners to determine who holds their mortgages. It clouds the chain of title, and it’s prohibiting (officials) from recording revenues they should be recording," Becker said.

Since 2004, she estimates the county has lost $15 million in fees from 139,798 mortgages recorded via the MERS system - which fails to reflect assignments

*MICHIGAN = University Law Professor slams MERS in AMICI brief  (Thanks Hamlet)
*NEW YORK = Attorney General subpoenas the MERS bogus spreadsheet registry
*OHIO = A small rural county (Geauga) prosecuting attorney SUES MERS
                  or the CrainsCleveland article also....
                  "MERS has trouble, right there in OHIO, with a capital 'T' "
Great read (above) by national blogger Martin Andelman w/quotes from Marc Dann
....“This case asks court very directly whether the MERS system complies with state law.  If it doesn’t then I’m going to go back and reopen all of the foreclosures alleging that the transfers were invalid,” says Dann without hesitation
*ARKANSAS = Hot Springs County Clerk sues MERS for TAX EVASION 
*FLORIDA = Florida Clerk of Court Sues MERS (HERE)
Oct 31st: Jim Fuller, clerk of Duval County, filed suit against Merscorp Inc. and its wholly owned subsidiary, Mortgage Electronic Registration Systems, Inc., claiming civil conspiracy, unjust enrichment, as well as FRAUDulent and negligent misrepresentation. The suit also seeks a hearing to determine the validity of tracking note transfers on the MERS System and a court injunction to prohibit the use of MERS in Florida.
“MERS has usurped the rights and privileges of the Florida Clerks of Court by establishing, maintaining and inducing lenders to use its private recording system, which unlawfully interferes and competes with the public recording system,” the suit, filed in state circuit court, reads.
*TEXAS = Dallas County District Attorney Craig Watkins SUES MERS
also see MERS bogus robo-signed recorded then rescinded "release of lien"
(11-1)update from friend Housing Doom - Dallas DA expands MERS SUIT to CLASS ACTION!
   El PASO - NEWSChannel 9 - great six minute story/report (VIDEO HERE)
Texas Attorney Richard Roman: "MERS has...single-handedly taken the American dream of home ownership and turned it into a nightmare,”
*MASSACHUSETTS = Recorder (Hero!) John O'Brien Sues MERS for $22 Million
Click here to read the Press Release
On March  7: NBC News Reports: Counties Seek Millions From Mortgage Giant. 
Click here to read the story
On February 23: MERS may owe Commonwealth $200 million. 
Click here to read the Mass Lawyers Weekly article from 2/23/11  
*KENTUCKY - County Clerks v. Mortgage Electronic Registration System(MERS)
* NORTH CAROLINA:  Register seeks 1.3 MILLION from MERS in
"Lost Revenue" from FAILED unrecorded or bogus robo-signed assignment

REGISTER OF DEEDS JEFF THIGPEN REFUSES TO ALLOW MERS CRIME SCENE

*TENNESSEE = vs MERS (SCRIBD DOC)

MERS most famous employee (LPS "Robo-signer") "I'm LINDA GREEN" (All 3 of her!)

WHAT? Are you Serious? Certainly all three Linda's are in Jail......Right? NO ?
Oh-nothing illegal-just some everyday Forgery, Fraud, & Corporate Money Laundering

NYE LAVELLE - Letter (about MERS Fraud) to all 50 Attorney Generals

Michigan AG office DEMANDS "Robo-Signing" investigation

FRAUD BOMBSHELL: Michigan Attorney General Bill Schuette Subpoenas LPS !!

Michigan AG

The Michigan Attorney Generals office issued subpoenas as part of a CRIMINAL investigation into questionable mortgage documentation filed with Michigan’s Register of Deeds offices. Michigan Attorney General Bill Schuette said his office served Lender Processing Systems(LPS), Fidelity National Financial, and CT Corporation System. Additional investigative subpoenas were issued to LPS owned company - DocX. The subpoenas were approved by the state court and require responses by June 30.

DocX office - Alphretta GA.

DocX employees - earning $10 an hour and creating 4,000 documents a day - were all released when their rubber-armed & "robo-signed" creations were found to be have been FRAUDulently used - as evidence - to foreclose on millions of home - across the U.S. Of course, when closing the DocX office, an LPS spokesperson claimed "we executed documents per industry standards" (FRAUD, forged, illegal, bogus)

Linda Green courtesy -CBS 60Min.

The attorney general said he is seeking information about documents signed by DocX employees both male and female FRAUDulently signing as “Linda Green.” “Allegations of forged mortgage documents are very serious and require a thorough investigation, I will continue to work closely with federal and local authorities to find answers."

Contact the Michigan AG office at                     Main Number : (517) 373-1110
Fax any of the FRAUD documents here:            Facsimile:         (517) 373-3041
Email Fraud information to:  miag@michigan.gov
Today's MI AG Office: PRESS RELEASE  (right click and open in new tab)

The loud noise you hear?  ...ZZZZ... is snoring .... from
... ZZZZZZ....neighboring state OHIO's AG office......ZZZZZ..

OHIO SUPREME COURT - to make landmark decision

OHIO SUPREME COURT

Justices to soon make landmark decision

Affecting ALL Ohio Homeowners in foreclosure  

The Ohio Supreme Court recently agreed to review a request (from US BANK NA) to resolve what "appears" to be conflicting appellate court decisions in OHIO foreclosure case law. At the heart of this so called conflict is an issue that Plaintiff banks, pretend lenders, and phony Trustees have continuously slipped past our "asleep-at-the-wheel" judges. A similar and deep sleep was exhibited by our U.S. Government (SEC, OCC, OTS) and the rating agencies (Moody’s, Standard & Poor’s, Fitch), for years while the Banks went wild! Now, the Ohio Supreme Court is going to attempt a judicial "closing of the barn door"…years after the "criminals"…got away.

Here in Ohio, the plaintiff’s Foreclosure Mill Attorneys and Law Firms try to fast track the process and get a quick default judgment by using or submitting phony, fraudulent, or  robo-signed  mortgage assignments (executed by MERS & LPS employees)  The documents, 90% of the time, result in a plaintiff victory. The rare knowledgeable and awake foreclosure judge or an even rarer appearance by legal counsel on behalf of defendant homeowner (only in 8% of cases) requires Plaintiff - to have STANDING - in order to invoke the jurisdiction of the court. Inevitably the question and legal hurdle for the plaintiff, in almost every defended OHIO FRAUDclosure and foreclosure case becomes: 

            To have standing, as a plaintiff, in a mortgage foreclosure action, must a party show  that it owned the NOTE and the MORTGAGE when the complaint was filed?

The decision by the Ohio Supreme Court to Certify A Conflict is very troubling, and was hidden in a April 6^th, 2011 15-page Ohio Supreme Court Case Announcement (pg 5 case: US BANK v Duvall) This is a travesty and should not have been allowed to get this far. STANDING through ownership (of NOTE & MORTGAGE) has been repeatedly determined in Ohio case law.

Unfortunately, two (2) bad and even slightly off-topic appellate court cases were used

U.S. Bank, N.A. v. Marcino, 181 Ohio App.3d 328, 2009-Ohio-1178 (7th Dist.),

U.S. Bank, N.A. v. Bayless, Del. App. No. 09 CAE 01 004, 2009-Ohio-6115 (5th Dist.),

to certify the conflict. These poorly decided cases are being incorrectly used as a side-door entrance and distraction to get in front of the great SUPREME COURT of OHIO …and possibly …change or re-determine… existing foreclosure law

So where is all the scrutiny? Where is the publicity? Where are the consumer activists?  What is going on here? Where is the outrage? Why did the Supreme Court allow the Bank’s weak claim for a new chance to change existing OHIO law? The simultaneous ownership of the Note and Mortgage, at the time of filing, has repeatedly been asked, answered, and decided in previous OHIO cases.

YES - Plaintiff must OWN BOTH the NOTE and the MORTGAGE, at the TIME OF FILING - PERIOD

OHIO SUPREME COURT JUSTICES - Please get it right – Don’t sell out to the big banks.  JP Morgan Chase has Ohio Headquarters inconspicuously in your “back yard”.  Hopefully their money can’t buy a decision to create- STANDING – and allow for legal FRAUDclosures or worse… a change to existing law.

NO successor-in-interest, NO back-dating of mortgage assignments, NO endorsement-in- blank, NO successor trustee to empty MBS, NO "Robo-Signed" by LPS or MERS employees (signing as Vice President of the Bank)  NO "created" owner status by allowing back-dating of  documents showing an "effective date" even further back (Mortgage Assignment - "Time Travel") Coined by Lisa Epstein of Foreclosure Hamlet - Link HERE to her post, and HERE (Ocwen time travel)  

All you good Ohio Foreclosure Defense attorneys – now is your chance to step up and shine, Lets have a few Amicus Briefs (send us a copy) You have a right to submit one to the OHIO SUPREME COURT (on behalf of the OHIO homeowner). Lets Go - Legal Aid Offices - Lets hear something from all your fine attorneys and staff. This case needs legal attention - the big banks will throw tons of money and a lot of attorneys at this rare - second bite - on this mortgage apple.

OHIO Supreme Court  Prac.-R. 6.6. Brief of Amicus  Curiae: 
(A) An amicus curiae may file a brief urging affirmance or reversal, and leave to file an amicus brief is not required. The brief shall conform to the requirements of this rule, except that an amicus filing a brief in support of an appellant need not include the appendix required by S.Ct. Prac. R. 6.2(B)(5).

(B) The cover of an amicus brief shall identify the party on whose behalf the brief is being submitted or indicate that the brief does not expressly support the position of any parties to the appeal. If the amicus brief is in support of an appellant, the brief shall be filed within the time for filing allowed to the appellant to file a merit brief, and the amicus curiae may file a reply brief within the time allowed to the appellant to file a reply brief. If the amicus brief is in support of an appellee or does not expressly support the position of any party, the brief shall be filed within the time for filing allowed to the appellee to file a merit brief. The Clerk shall refuse to file an amicus brief that is not submitted timely.

Hundreds of thousands of lives and foreclosure cases will turn on this decision.

Stand up-be heard & Help the OHIO Supreme Court - Get it Right

UPDATE: 9/22/11
Ohio Supreme Court's Shocking Decision in Landmark Case

STOP FRAUD in OHIO Foreclosures

STOP FRAUD in OHIO Foreclosures

OHIO "Foreclosure" and "FraudClosure"

Hello to OHIO "FRAUDCLOSURE" and "Foreclosure" victims.

You now have a resource & web-site to help STOP FRAUDCLOSURE
This blogger will have the best resources available, for you, and we will keep you up to date with the latest and best information, case law, and legal resources to help in the fight against FRAUDCLOSURE in OHIO

We are your resource - We will keep you informed, but ask for your help in spreading the word so that OHIO Courts and OHIO Judges will no longer allow the massive FRAUD to continue. They will read this blog.

To the large "Foreclosure Mills" - "Robo-Attorneys"  and "Bench Warmers" The party is over and we are going to expose you!!! We will be showing your firm, your name, and your documents - if you participated in FRAUD upon our courts.

NO MORE robo-signing and submitting of manufactured affidavits, no more using MERS (as mortgagee), or the LPS Default Solutions (Docx and Dakota county Minnesota manufactured mortgage assignments), No more "Bench Warmers" (local attorneys that only "show up" on behalf of the Mill Firms), No more FRAUD Plaintiffs that claiming to be the "Note Holder" (REMIC Trusts, Successor in interest, Successor Trustee). NO MORE FRAUD!

We will be showing examples of the massive FRAUD and posting the latest efforts by the great OHIO Supreme Court and Appellate Courts.....that simply refuse to be spoon feed ...FRAUD...by big banks and loan servicers.

FORECLOSURE MILLS- Tell you lazy attorney's they will have to find another place to catch up on their sleep...instead of at OHIO courts.

We will give you the names of good Attorneys, Legal-Aid offices, and connect you with other members...to help you in this fight. We will stop those trying to "steal" your home by FRAUD.