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Matt Reed: Dispatches from the 'paper trail'


Brevard County officials are scouring their private e-mail accounts to satisfy public-records requests for any messages about county business sent or received from home or mobile devices.


Community activist Maureen Rupe has demanded access to months of Commissioner Trudie Infantini's personal e-mail. Former Commissioner Mark Cook wants e-mail from the private account of Clerk of the Courts Scott Ellis. Tea Party activist and commission candidate Matt Nye wants e-mail from as far back as December 1997 from Commissioners Mary Bolin (his opponent) and Chuck Nelson, and since December of last year from commissioners Robin Fisher and Andy Anderson (no request of Infantini).


It's unclear if whether any skirted sunshine laws. But as County Attorney Scott Knox warned commissioners in a memo last March:


"Any email dealing with county business is a public record, whether that email is sent from or received on personal computers kept at home, on Blackberrys or similar devices, or on computers kept at any location other than your district offices or homes."


Infantini had solicited county staff to send ideas or complaints to her private account, supposedly to maintain privacy, watchdog reporter Jeff Schweers writes. She turned over two messages, but Rupe wants to see all personal correspondence and to decide for herself which involve public business.

http://www.floridatoday.com/article/20100307/COLUMNISTS0207/3070313...

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Ace Comment by Ace on March 7, 2010 at 4:36pm
What is Immoral is Mr. Ellis' ineptness to see the FRAUD, Fraud in the Factum. He doesn't own a home? How convenient.

FYI - En masse, Sorry.

Does the MA Ibanez case help you? Judge Long making them prove it up 1st. I believe I will double check. Great effort TW.
stopGOVTwaste Comment by stopGOVTwaste on March 7, 2010 at 5:26am
Audit_Brevard County public records_Due Process of Law (show the note)‏
From: Scott Ellis (Scott.Ellis@brevardclerk.us)
Sent: Wed 1/06/10 8:37 PM
To: TW
Cc: Pete Griffin (Pete.Griffin@brevardclerk.us); Frank Sakuma (Frank.Sakuma@brevardclerk.us); howard.tipton@brevardcounty.us

Mr. Webster, I expect we will disagree as I see this as just society sliding further down the slope of a nation of looters, starting from Wall Street and now going all the way down to the individuals.

There is no audit to perform.

As I said before, there is no such audit of the legal accuracy of the public records as recorded. We examine each document upon intake for legal completeness, we cannot evaluate a properly completed document for its validity.

For example, I can quit claim to you my house at 2687 Sarno Road. However, I sold that house in 2000 and at this time own no house at all. The quit claim may be executed properly but it has no value.

When you imply to me “Are you saying that filing a false claim and a fabricated assignment is okay” I truly say the Brevard County Clerk’s Office is not empowered to determine a false (or true) claim nor determine a fabricated (or legitimate) assignment. That is an issue for the Judges and the Courts.

Scott

What is written below is theft as surely as we have been looted by Washington and Wall Street. Discontinuing payments on a collateralized property and keeping the property is morally dishonorable. Those who do it know it but they justify it because ‘everyone else is doing it’, the dog-cheat-dog society of everyone’s an honest thief. Unfortunately we are becoming a society without conscience, a very dangerous state of being.

*UCC 3-501 requires a servicer to show authority to make a demand for payment if it does not own the note, but is merely servicing it. In the event a noteholder or servicer will not exhibit the note or perform other legal requirements when requested to do so by the borrower, this UCC section allows the borrower to discontinue payments WITHOUT DISHONOR until such time as the noteholder or servicer complies with all laws or contract provisions.


***************************

Audit_Brevard County public records_Due Process of Law‏
From: TW
Sent: Wed 1/06/10 8:25 PM
To: Scott Ellis (scott.ellis@brevardclerk.us)
Cc: pete.griffin@brevardclerk.us; frank.sakuma@brevardclerk.us; howard.tipton@brevardcounty.us

Mr. Ellis,

Thank you for your time, I appreciate it! I guess we will have to agree to disagree on the subject. My final question is this, how do we begin the audit process?

Respectfully,


TW


****************************************************

*UCC 3-501 requires a servicer to show authority to make a demand for payment if it does not own the note, but is merely servicing it. In the event a noteholder or servicer will not exhibit the note or perform other legal requirements when requested to do so by the borrower, this UCC section allows the borrower to discontinue payments WITHOUT DISHONOR until such time as the noteholder or servicer complies with all laws or contract provisions.

*****************************

Dog-Cheat-Dog : Assignment Fraud... Court Precedent for Due Process of Law‏
From: Scott Ellis (Scott.Ellis@brevardclerk.us)
Sent: Wed 1/06/10 6:09 PM
To: TW
Cc: Pete Griffin (Pete.Griffin@brevardclerk.us); Frank Sakuma (Frank.Sakuma@brevardclerk.us); howard.tipton@brevardcounty.us

I am saying that whether or not the filing is fraudulent, and only the courts can determine that, answering fraud with fraud is immoral and this kind of behavior is destroying our society.

I would unequivocally state that borrowing money for a house, a collateralized asset, then failing to make the promised payments on said asset, and then attempting to invalidate a valid debt and keep the asset is both dishonest and a fraud and it is immoral.

It is not the responsibility of government to further fraud by any party. If the person with the property is trying to return the property because they cannot make the payments then I could understand the legal dilemma.

However, trying to keep an asset with a known and willing debt, without making payments as promised, is simply theft. Unfortunately all of our nation is paying for such fraud and theft and immorality now widespread throughout our country thanks to the Federal Government enabling such behavior.

I have yet to see in anything written or cited to date where anyone claims they never borrowed the money on the asset. If people know they owe the money, and know they are not paying, and seek to keep the asset, they are as guilty if not more so than the banks who have plundered us through Washington.

Any increase in homelessness may be due to rising unemployment, much of which tracks back to the recession. Personally I do not feel the rest of society should be forced to bear the cost of a Mortgage Jubilee, which is what is being advocated by many who seek to avoid paying the note yet keep the collateral.

I am sympathetic to many (but not all) being foreclosed, some bought beyond their means, some did not understand their mortgages, some simply emptied their house like a piggy bank and are now losing (or have lost) it. I am totally unsympathetic to those who seek renege on their simple agreement – pay and keep the property, do not pay and return the property.

The finale of any civil society is the loss of moral behavior, and the dog-cheat-dog behavior now rampant in America simply indicates how far we have fallen from the society we once were.

Scott

**************************

Assignment Fraud... Court Precedent for Dog-Cheat-Dog?‏
From: TW
Sent: Wed 1/06/10 12:29 AM
To: Scott Ellis (scott.ellis@brevardclerk.us)
Cc: pete.griffin@brevardclerk.us; frank.sakuma@brevardclerk.us; howard.tipton@brevardcounty.us

Mr. Ellis,

FDLE's Mortgage Fraud Assessment by OSI (on page 23 near the bottom) states "a basic review of courthouse documents to ensure proper filings is a productive method to identify and stop some frauds (such as taking on multiple investors for the same property) and can be done for free on the internet." It goes further to say "Courthouses should post warnings on criminal action if false filings are performed and the filer should initial a form that identifies this as a crime."

How do we initiate an Internal Audit to investigate these false filings & fabricated assignments? http://199.241.8.125/index.cfm?FuseAction=InternalAudit.Home

I'm sure Brevard County does not have the excess funds to assist the growing ranks of homeless men, women and children while houses sit empty with toxic titles. All the more reason why the proper party needs to come forward. Additionally, the Constitution of the United States says we shall suffer no loss of property without due process of law.

Are you saying that filing a false claim and a fabricated assignment is okay, but to question such fraud is immoral?

Sir, breaking the law is breaking the law no matter how you slice it. But what good is it to talk about morals when the laws that are on the books are being ignored?

From your website;
http://199.241.8.125/fwa/fwa_main.asp

Stop Waste in Brevard
Report Fraud, Waste and Abuse
of County Resources

To file a complaint by phone, FAX or email:
Phone: (321) 637-6553
Fax: (321) 637-6554
Email:fwa@brevardclerk.us

Or you may write to:
Brevard County Clerk of Courts
Internal Audit Division
Fraud Hotline
P.O. Box 999
Titusville, Florida 32781-0999


*************************

Assignment Fraud... Court Precedent for Dog-Cheat-Dog?‏
From: Scott Ellis (Scott.Ellis@brevardclerk.us)
Sent: Tue 1/05/10 6:38 PM
To: TW
Cc: Pete Griffin (Pete.Griffin@brevardclerk.us); Frank Sakuma (Frank.Sakuma@brevardclerk.us); howard.tipton@brevardcounty.us

We record as presented, Mr. Webster. If the document is completed and notarized properly and is a valid type of document for recording we do so. We cannot validate all of the information, it is truly impossible.

I understand what is being claimed with the MERS cases, and others along the lines of ‘show the note’, and it is truly saddening that our society has come to simply which party can out-cheat the other at the cost of a moral society. With Florida running tens of thousands of cases filed each month there is still no real legal precedent for ‘show the note’, and if done so, the greatest Mortgage Jubilee in history will ensue.

The bailouts have unloosed a massive outpouring of immoral behavior by making cover for immoral behavior, thus the moral hazard issue the government was warned about by many free market economists.

I still go back to the hard facts for many people, they know they borrowed the money, they know the house is collateral, they know they are not making the payments, and unless they are simply trying to determine who to give the collateral back to they are working the system the same as the banks to cheat others.

As we move into this dog-cheat-dog society we rush headlong into a societal collapse.

Scott

****************************

Assignment Fraud... Court Precedent?‏
From: TW
Sent: Mon 1/04/10 11:14 AM
To: Scott Ellis (scott.ellis@brevardclerk.us)
Cc: pete.griffin@brevardclerk.us; frank.sakuma@brevardclerk.us; howard.tipton@brevardcounty.us

Mr. Ellis,

Please find below links to the court rulings you had inquired about. In the state of Florida I would refer to Booker v. Sarasota, Inc. to substantiate the need of having a proper party with standing come forward. Filing false claims and fabricating assignments are par for the course, especially where MERS is involved. I am sure you are aware that these are felony offenses in the state of Florida. I also hear stories of assignments coming from companies that are bankrupt and out of business. Does the Clerk of Court audit these documents or the firms that are recording them en mass? Your thoughts are greatly appreciated!

Best regards,

TW

http://www.scribd.com/doc/21510542/Arkansas-Ruling

http://www.scribd.com/doc/21414016/Landmark-National-Bank-v-Kesler-...

http://www.scribd.com/doc/22469967/Vermont-Mers-v-Johnston-Foreclos...

http://4closurefraud.wordpress.com/2009/11/19/defective-paperwork-s...

http://www.scribd.com/doc/23828361/Mortgage-Electronic-Registration...

http://4closurefraud.wordpress.com/2009/11/20/this-judge-gets-it-in...

http://www.scribd.com/doc/21649996/Sheridan-Decision-Idaho-Bankrupt...

http://4closurefraud.wordpress.com/2009/10/21/us-bank-v-ibanez-memo...

http://4closurefraud.wordpress.com/2009/10/23/wells-fargo-loses-app...


NYT article
By Gretchen Morgenson
Published: December 12, 2009

http://www.nytimes.com/2009/12/13/business/13gret.html

from the article: "there are signs that the company sold some of its loans to more than one buyer."

******************************

Assignment Fraud... Court Precedent?‏
From: Scott Ellis (Scott.Ellis@brevardclerk.us)
Sent: Thu 12/31/09 4:45 PM
To: TW
Cc: Pete Griffin (Pete.Griffin@brevardclerk.us); Frank Sakuma (Frank.Sakuma@brevardclerk.us); howard.tipton@brevardcounty.us

Mr. Webster,

I would ask as a precedent in which cases the notes were invalidated, the foreclosure process halted, and the current owner allowed to keep the property?

Homeowners know if they owe or not, and if they pay or not.

If a court set precedent invalidating mortgages based on a securitized assignment the mortgage and banking concept (not just industry) would collapse. Few will pay if they can keep the house for free.

Scott

***************************

Assignment Fraud... Felony?‏
From: TW
Sent: Thu 12/31/09 1:15 PM
To: Scott Ellis (scott.ellis@brevardclerk.us)
Cc: pete.griffin@brevardclerk.us; frank.sakuma@brevardclerk.us; howard.tipton@brevardcounty.us

Mr. Ellis,

MERS has no Agency status as a nominee (therefore cannot foreclose or assign notes/mortgages) because it has no pecuniary interest in the Note and therefore, because the Mortgage is an incident to the Note (debt) any Assignment of the mortgage without said Note is a nullity.

There are tons of case precedents to cite. The separation of the Note and Mortgage is Black letter law older than the MERS scam.

TW

*******************************

Assignment Fraud... Felony?‏
From: TW
Sent: Thu 12/31/09 11:34 AM
To: Scott Ellis (scott.ellis@brevardclerk.us)
Cc: pete.griffin@brevardclerk.us; frank.sakuma@brevardclerk.us; howard.tipton@brevardcounty.us

Mr. Ellis,

The money came from the investors who purchased certificates in the trust. Supposedly these notes were registered in the trust (unless they were pledged, similar to the naked short sale in which delivery never occurred). This is why an evidentiary hearing is necessary.

The loan servicer (via fraudulent assignment of mortgages) take the property out of the trust without knowledge or consent of the investor.

I don't make the laws, but they are on the books. People asked for a loan... not for fraud. Fraud negates these instruments. The laws state if there is fraud involved - they are not entitled to benefit.

So who are the real parties involved? What happens when they come back to claim their property. There are a lot of people out there who simply want to know who really owns the note to avoid paying off the wrong party.

UCC 3-501 requires a lender to “exhibit the note” when the lender makes demand for payment, and the borrower demands to see the note. Technically a demand for payment occurs every month, and it also occurs when a bank begins foreclosure proceedings.

UCC 3-501 also requires a servicer to show authority to make a demand for payment, if it does not own the note, but is merely servicing it. In the event a noteholder or servicer or will not exhibit the note or perform other legal requirements when requested to do so by the borrower, this UCC section allows the borrower to discontinue payments WITHOUT DISHONOR until such time as the noteholder or servicer complies with all laws or contract provisions.

Your thoughts?


Respectfully,

TW


*****************************

Subject: RE: Assignment Fraud... Felony?
Date: Wed, 30 Dec 2009 21:56:56 -0500
From: Scott.Ellis@brevardclerk.us
To: twebster321@hotmail.com
CC: Pete.Griffin@brevardclerk.us; 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.


THE SERVICER IS NOT THE LENDER... THEY LENT NO MONEY AND ARE NOT AT RISK. SOMEWHERE AN INVESTOR IS BEING ROBBED AND THEY MAY VERY WELL COME BACK TO CLAIM THEIR PROPERTY AFTER IS HAS BEEN SOLD.


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?


THE BORROWER HAS A RIGHT TO KNOW WHO IS THE HOLDER IN DUE COURSE OF THEIR LOAN AND HOW MUCH MONEY WAS COLLECTED BY THE INTERMEDIARIES WHO EACH HAD AN INTEREST IN THE PROPERTY ALONG THE SECURITIZATION CHAIN. THE FULL SET OF ACCOUNTING (TARP, AIG, AMBAC PAYOUTS) NEEDS TO BE DISCLOSED.


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.


IF THE SERVICER COLLECTS DEFAULT INSURANCE OF IN THE AMOUNT OF $6,000,000 ON A $200,000 LOAN (FROM AIG AKA US TAXPAYERS) THE DIFFERENCE BETWEEN WHAT IS LISTED ON THE TRUTH IN LENDING STATEMENT AND WHAT WAS RECEIVED BELONGS TO THE BORROWER ACCORDING TO MANY LEGAL SCHOLARS.


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.


YES, ACCORDING TO LENDING LAW, CONTRACT LAW & BUSINESS LAW, IF THERE IS FRAUD INVOLVED THE LOAN BECOMES INVALID.

********************************

RE: Assignment Fraud... Felony?‏
From: Scott Ellis (Scott.Ellis@brevardclerk.us)
Sent: Wed 12/30/09 9:54 PM
To: TW
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

********************************

FS 673.2031(2)_MERS & Fraudulent Assignments in Public Record‏
From: TW
Sent: Wed 12/30/09 5:35 PM
To: TW
Bcc: Scott Ellis (scott.ellis@brevardclerk.us); pete.griffin@brevardclerk.us; frank.sakuma@brevardclerk.us; howard.tipton@brevardcounty.us

Florida Statutes - 673.2031 Transfer of instrument; rights acquired by transfer.--
(2) Transfer of an instrument, whether or not the transfer is a negotiation, vests in the transferee any right of the transferor to enforce the instrument, including any right as a holder in due course, but the transferee cannot acquire rights of a holder in due course by a transfer, directly or indirectly, from a holder in due course if the transferee engaged in fraud or illegality affecting the instrument.


*********************************

Researching MERS & Fraudulent Assignments in Public Record‏
From: TW
Sent: Wed 12/30/09 2:31 PM
To: Scott Ellis (scott.ellis@brevardclerk.us)
Cc: pete.griffin@brevardclerk.us; frank.sakuma@brevardclerk.us; howard.tipton@brevardcounty.us

Mr. Ellis,

Is there an opportunity for us to meet in person to discuss the implications of what is happening under the guise of legitimacy in Brevard County public records?

I have attached a link to a research guide that explains in detail what to look for on fraudulent documents, it can be found here;

http://4closurefraud.wordpress.com/2009/10/18/foreclosure-fraud-gui...

This is in addition to the tomfoolery that is happening with "foreclosure mill" shops doctoring these instruments in their "art department" to present to local Clerk of Courts for recording.

http://livinglies.wordpress.com/2009/12/30/fraud-alert-color-copies...

Your response and feedback are greatly appreciated.

Respectfully,

TW

http://www.mersinc.org/MersProducts/forms/crrf/crrf.aspx


*******************************

Assignment Fraud... Felony?‏
From: TW
Sent: Tue 12/29/09 11:33 PM
To: Scott Ellis (scott.ellis@brevardclerk.us)
Cc: pete.griffin@brevardclerk.us; frank.sakuma@brevardclerk.us; howard.tipton@brevardcounty.us

Attachments: 1 attachment
2009 NSP_...ppt (678.5 KB)

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 _____ 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 securitized (edited) 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 _________, was the Master Servicer and also the Securities Administrator. _______ Bank USA, N.A. was the Trustee, ________ Mortgage Inc. was the Servicer, Sponsor and Seller & _______ 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 _____ employees acting as VP's of MERS to _____ raise a red flag?

Respectfully,

TW

*******************************

Assignment Fraud... Felony?‏
From: Scott Ellis (Scott.Ellis@brevardclerk.us)
Sent: Tue 12/29/09 6:45 PM
To: TW
Cc: Pete Griffin (Pete.Griffin@brevardclerk.us); Frank Sakuma (Frank.Sakuma@brevardclerk.us)

I think this has been an accepted practice for a number of years with co-indexing the electronic firm and the lender, Mr. Webster. MERS is simply an agent for MFC Mortgage is the assignment. You would need to track agreements between MERS and MFC to determine their agency status.

The foreclosures have been going through based on original notes, although we certainly had a flurry (finally) of Assignments coming in. There is no way any of the foreclosures will be stopped on this issue.

In practical terms, to do so would completely lock up the mortgage industry even further than it is now. No mortgages would be written as the legal issues were cleared.

Thanks, Scott

*********************************

MERS_Foreclosures & Securitized Loans (List of properties)‏
From: Scott Ellis (Scott.Ellis@brevardclerk.us)
Sent: Tue 12/29/09 6:40 PM
To: TW
Cc: Richard Jones (Richard.Jones@brevardclerk.us); Cindy Rabe (Cindy.Rabe@brevardclerk.us); Frank Sakuma (Frank.Sakuma@brevardclerk.us); Pete Griffin (Pete.Griffin@brevardclerk.us)

It will not pull like that, Mr. Webster. We may be able to pull a CD of document numbers but the addresses are not there.

Thanks, Scott

*********************************

Assignment Fraud... Felony?‏
From: TW
Sent: Tue 12/29/09 5:35 PM
To: Scott Ellis (scott.ellis@brevardclerk.us)

Attachments: 6 attachments | Download all attachments (563.3 KB)
Assignmen...pdf (143.0 KB), Trowbridg...pdf (63.9 KB), Trowbridg...pdf (67.2 KB), Stacy Spo...pdf (64.1 KB), VP_US BAN...pdf (171.4 KB), florida-i...pdf (53.7 KB)

Mr. Ellis,

This is where the rubber meets the road! Attached please find a copy of the recorded Assignment of Mortgage from MERS to _____ (on my home).

The problem is, the two individuals who signed as VP of MERS are actually employees of _____. So the assignor and the assignees are one and the same. From what I gather this is a third degree felony (see attached FL fraud statutes). Please reply with your thoughts when time permits. Thank you!

TW
http://tawebster.spaces.live.com

*************************************

MERS_Foreclosures & Securitized Loans‏
From: TW
Sent: Tue 12/29/09 5:14 PM
To: Scott Ellis (scott.ellis@brevardclerk.us)

Mr. Ellis,

I appreciate your time and effort. Can you have someone in your IT department create a custom data query to obtain the information? It would take me forever to go through those entries one at a time. Your input is greatly appreciated!

Thanks, TW


***********************************

From: TW
To: charlie.crist@myflorida.com
CC: mark.vanbever@flcourts18.org; howard.tipton@brevardcounty.us
Subject: MERS_Foreclosures & Securitized Loans
Date: Tue, 29 Dec 2009 17:04:50 -0500

Dear Governor Christ,

I am writing to you today to ask for your help. I am searching for answers to why more than 60 Million homes in America now have "toxic titles" as a result of securitization and how men, women and families are being forced into homelessness unnecessarily.

This is largely a result of MERS and securitization. Lost note affidavits are commonplace as many legal scholars speculate they were intentionally destroyed to stop the audit trail.

TARP, AIG, AMBAC and other forms of excess remuneration have paid off many of the notes in the MBS pools and it is next to impossible to get the loan servicer to offer up information relative to the MBS pool, the SIV or SPV that was designed to hold these mortgage notes.

Is it possible that the notes were never delivered to the trust, only pledged, similar to the naked short sale that is prominent on Wall Street? Yes.

Is is possible that the servicer is taking the property out of trust without consent of the trustee or investors who are "at risk" (aka the real lender involved in the transaction)? Yes.

Is it possible that the REAL lender (the investor who purchased the securities, aka - holder in due course) may come back to make a claim on the property? Yes.

Will a title insurance company cover any such claim? Probably not.

My question is this; why are we needlessly putting more people out of their homes and onto the street when the new purchaser on a foreclosed home will likely not be able to get clear title to the property? Why are lost note affidavits commonplace but magically appear after the borrower has left the home?

Since taxpayers now own about 80% of AIG, as well as Fannie/Freddie & our generous outlay of TARP money, don't we collectively have a right to know who the REAL parties of interest are on these loans, who the REAL counter parties are to AIG/AMBAC payouts and who REALLY owns these notes?

I understand that these mortgage notes were insured up to 30 times the value of the property. So there is no incentive to modify a mortgage because there is no insurance for that. They only collect if there is a default.

Since Wall Street lied to investors are we now supposed to believe that they are telling the truth to homeowners? A simple solution would be to have the courts require anyone filing a foreclosure with a lost note affidavit to "prove-up" the chain of custody on these notes.

I am personally affected by this and have a toxic title to my home as well. I spent more than two decades in the housing industry and lost more than just a career... my industry evaporated and my wife and child have since moved away due to our financial problems.

Your reply is greatly appreciated. I am available to meet in person or speak over the phone at your convenience.


Thank you very much and have a great afternoon!

Best regards,


TW
http://tawebster.spaces.live.com


**************************************

MERS & Foreclosure sales in Brevard County‏

From: Scott Ellis
Sent: Tue 12/29/09 5:10 PM
To: TW

They’re not really a lender but a service for the lender. We index the company as part of the mortgage, you can search on the name and pull them all up. We do not have a way a bounce a report as you desire off the official records database, though.

Thanks, Scott
stopGOVTwaste Comment by stopGOVTwaste on March 7, 2010 at 4:37am
MERS & Foreclosure sales in Brevard County‏

From: TW
Sent: Tue 12/29/09 4:34 PM
To: scott.ellis@brevardclerk.us

Mr. Ellis,

I understand, that is why I am hoping you can assist me. I would like to find out if it is possible to obtain a list of the property addresses in Brevard County (preferably sorted by zip code) that have MERS listed as mortgagee?

I've checked with the property appraisers office and their IT dept, the tax collectors office and their IT dept as well as your IT dept.

Yes it is completely amazing that a non-lending institution can be listed as lender on a mortgage and insured as lender on a title insurance policy. Is that even legal?
stopGOVTwaste Comment by stopGOVTwaste on March 7, 2010 at 4:33am
MERS & Foreclosure sales in Brevard County‏

From: Scott Ellis - Scott.Ellis@brevardclerk.us)
Sent: Tue 12/29/09 4:25 PM
To: TW
Cc: Frank Sakuma (Frank.Sakuma@brevardclerk.us)

Mr. Webster,

The Clerk’s Office does not grant titles. Any owner may pursue a Quiet Title action to try to clear any defects in their title. I am not sure how any non-lending entity would be listed on a recorded mortgage or included on a title insurance policy.

Thanks, Scott

******************************************

From: TW
Sent: Tuesday, December 29, 2009 3:54 PM
To: Scott Ellis
Subject: MERS & Foreclosure sales in Brevard County

Mr. Ellis,

Good afternoon! My name is TW, I stopped by a couple of weeks ago and left a note regarding securitized loans, MERS and foreclosure sales here in Brevard County. I am writing to see if it may be possible to speak over the phone or perhaps set up a time to meet with you in person re: obtaining clear title to a home where MERS (a non-lending entity) is listed as lender on a mortgage and insured as lender on title insurance policies. Please reply via phone or email when time permits. Many thanks!

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