Things I've learned...

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Permalink Reply by Capt. Jack on December 4, 2009 at 9:18am

Hi all,

Just signed up and want to introduce myself. I live on the Treasure Coast and find myself fighting two foreclosures. 1 here in Florida and another in RI. So far, it's been nearly 6 months being served NODs on both properties. I managed to stop a foreclosure sale on the LAST day before the sale in RI by Right of Rescission notice, and emergency notice to dismiss with Lis Pendens indexed in the appropriate court.

I did the same thing in Florida. The silence since then has me concerned and I'm learning everything I can in preparation for what's coming next. I've yet to retain counsel and received advice by other thoughtful and kind Pro Se litigants. I am eager to share whatever I learn with others in the same position.

I would love to see others in the Treasure Coast area facing foreclosure unite and form teams that attend actual hearings to collectively observe and analyze what happens.

At this time I've got many more questions than answers but I maintain a true desire to fight back and hope to educate myself and contribute to the common cause.

Sincerely, Dave

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Permalink Reply by Ace on January 8, 2010 at 9:57pm

Found this there as well. Main page no less. Why? Assignment is what my next step concerns. I need to ask for the assignment from CWide to BoA to make next move. Lisa suggested, TY Lisa, that I should also go after the Argent/Ameriquest to CWide assignment? Again Ty you & Lisa.

Send me an email. I am REAL. We can talk. I will not leave my home w/o proof you own it.

FORECLOSURES

Mortgage Electronic Registration Systems, Inc. (“MERS”) is a proper party that can lawfully foreclose as the mortgagee and note-holder of a mortgage loan. MERS Membership Rule 8 provides required guidelines that must be followed when MERS is the foreclosing entity. Please click here to access the Rules of Membership, and reference the Rule 8 requirements.

In mortgage foreclosure cases, the plaintiff has standing as the holder of the note and the mortgage. When MERS forecloses, MERS is the mortgagee and it is the holder of the note because a MERS officer will be in possession of the original note endorsed in blank, which makes MERS a holder of the bearer paper. MERS will not foreclose unless the note is endorsed in blank and held by MERS.

The MERS Legal Primer provides a sampling of cases that address the standing of MERS to foreclose its mortgages. These cases are not meant to be an exhaustive list involving MERS but are merely to serve as a primer for the legal arguments.

Why blank assignments? To be able to sign later? Why? Does it Matter? I would like to know but I think not.

Please your thoughts?

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