Supporting, Informing & Connecting People in Foreclosure

An open letter to Scott Ellis_Brevard Clerk of Court (part 1)

Any thoughts on how to frame a response to this would be greatly appreciated. Thanks!!!

RE: Assignment Fraud... Felony?‏
From: Scott Ellis (Scott.Ellis@brevardclerk.us)
Sent: Wed 12/30/09 9:54 PM
To: Tony Webster (twebster321@hotmail.com)
Cc: Pete Griffin (Pete.Griffin@brevardclerk.us); Frank Sakuma (Frank.Sakuma@brevardclerk.us); howard.tipton@brevardcounty.us

I’m not really sure what the point is, Mr. Webster. If you are saying a lender is foreclosing on a property where the owner is current on his payments then I clearly see a problem.

If the borrower knows he borrowed the money, is sitting in the house (or renting it out), and knows he has not made the payments, are you saying the present owner is entitled to keep the property without making payment on money he willingly borrowed?

I have dealt with a pitiful mortgage company before who purchased my original mortgage, but while they were horrible, I knew I owed the money.

Are you saying the note on what was borrowed and the title to the property should both be voided? If so is this simply to be able to quit claim the property to a lender of some name (as best can be determined)? The powerpoint goes over chains of title and assignment, but I never saw where anyone claims the money was not borrowed.

Thanks, Scott

From: Tony Webster [mailto:twebster321@hotmail.com]
Sent: Tuesday, December 29, 2009 11:34 PM
To: Scott Ellis
Cc: Pete Griffin; Frank Sakuma; howard.tipton@brevardcounty.us
Subject: RE: Assignment Fraud... Felony?

Mr. Ellis,

These documents are a direct link to the biggest heist any of us could ever fathom, it's the reason why the US economy tanked. The fact is MERS is not licensed to do business as a lender in any of the 50 states. I know that the Clerk of Court has missed millions of dollars in revenue by way of MERS taking place over proper assignment and discharge of mortgages.

For example, my mortgage was assigned to SunTrust but they never appeared on record as having an interest in my property. It (MERS) conveniently masquerades as a lender on mortgage and title but they are not qualified to do so and basically cover for the fraud that is taking place on multiple levels on the back end of the transaction. Notes are subsequently collateralized and swapped and sold and insured and a lot of people across the securitization chain have an interest in the property (see attached power point).

Except in my situation Wells Fargo Bank, N.A. was the Master Servicer and also the Securities Administrator. HSBC Bank USA, National Association was the Trustee, Suntrust Mortgage Inc. was the Servicer Sponsor and Seller & Bear Stearns Asset Backed Securities I LLC was the Depositor.

Lost note?

But there is absolutely no chain of chain of custody recorded in public record. Has anyone ever challenged the validity of having a non-lending company recorded as lender? We may as well call them SCAM-MERS. It's not about locking up the mortgage system. It's about having a chain of title that is "proofed-up" on uncontested foreclosures where MERS and "lost note affidavits" are at hand.

Doesn't an assignment of mortgage from somewhere out of left field from Chase employees acting as VP's of MERS to Chase raise a red flag?

Respectfully,

Tony Webster

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Comment by stopGOVTwaste on January 1, 2010 at 12:29pm: Yes indeed... like Mr. Paul Muckle said, "we asked for a loan... not for fraud!"

Comment by King Crimson on December 31, 2009 at 9:56pm: Tony,
What you have done here in sending this info to your county clerk is exactly what I have thought about doing but didn't because I assumed I would get the result(s) you appear to have gotten. I also have a fraudulent assignment regarding my deed of trust that was filed in order to commence foreclosure proceedings on my house. I am looking in to what legal moves I need to make to take care of this problem.

Thanks for sharing, Tony!

Comment by King Crimson on December 31, 2009 at 11:37am: Had I not been so tired when I wrote my initial comment below at 2 a.m., I would have added (or started) with this: When Mr. Ellis says "the money was borrowed," he's correct--the banks borrowed the money, in the form of a promissory note, from the so-called borrower.

Here's a cartoon I wrote regarding this whole scheme:

Comment by King Crimson on December 31, 2009 at 2:58am: I am so sick of this attitude about "the money was borrowed." This guy keeps trying to drive that home--"the money was borrowed," over and over.

Well, Mr. Ellis obviously has no idea where money comes from. For a mortgage, the "money" comes NOT from the bank, but from the "borrower." How's that? Simple--the promissory note of the "borrower" IS the "funding check" written by the bank.

The bank takes the so-called borrower's promissory note and deposits it within itself, which balances out the funding check it writes. Neither the promissory note nor the check have inherent value; that is, neither of those pieces of paper are backed by anything tangible. Well actually, in the case of the borrower, the promissory note is backed by the borrower's labor--the bank's funding check is also backed by the borrower's labor since the funding check is backed by the promissory note.

In other words, the bank is not lending ANY of its own money in a mortgage transaction, period. The whole thing is a giant HOAX on the public. I know that this is unbelievable to many people--like Mr. Ellis--but there is no shortage of sources pointing to this fact. A good place to start checking out this info would be Ellen Brown's "Web of Debt" or G. Edward Griffin's "Creature from Jekyll Island," or even the Federal Reserve's own publications.

Mr. Ellis has fallen for the received wisdom hook, line, and sinker. We're trained to believe that "the money was borrowed" from the bank and that we therefore owe them whatever they want to charge us. As it turns out, the so-called borrowers are actually creditors of the banks.