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MERS/MBS/Foreclosure Goes RICO - CLASS ACTION SUIT

 
aVian
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10/04/2010 07:05 AM
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MERS/MBS/Foreclosure Goes RICO - CLASS ACTION SUIT
the banking sector is charged with Racketeering

abomb

[link to market-ticker.org]

It's about damned time.

This is worth a read, even though it's VERY long. The bottom line is that all the Tickers I've written on this subject, from bad conveyances into REMICs, to the tax issues, to the fraudulent documents, to the fact that the MBS are "empty boxes", up and down the line - it's all in here.

Anyone who thinks this is a "nothingburger" after reading this has rocks in their head.

This is a rather lengthy filing, 124 pages worth. It asserts virtually everything that I've written about for the last three years related to REMICs and MBS (that the notes were not conveyed and now can't be under the law), and alleges Racketeering.

I've read the whole thing, and want to present just a few short cites, but am embedding the entire document as well for those who "want it all".
"When plunder becomes a way of life for a group of men living together in society, they create for themselves, in the course of time, a legal system that authorizes it and a moral code that glorifies it."
- Frédéric Bastiat

food, water, ammo, weapons, battery back up solar, hand well pump, wood stove and 1 year of food...oh yeah PM's too...good luck
aVian  (OP)

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10/04/2010 07:06 AM
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Re: MERS/MBS/Foreclosure Goes RICO - CLASS ACTION SUIT
Banks = abomb

short the fuckers NOW scream
"When plunder becomes a way of life for a group of men living together in society, they create for themselves, in the course of time, a legal system that authorizes it and a moral code that glorifies it."
- Frédéric Bastiat

food, water, ammo, weapons, battery back up solar, hand well pump, wood stove and 1 year of food...oh yeah PM's too...good luck
aVian  (OP)

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10/04/2010 07:08 AM
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Re: MERS/MBS/Foreclosure Goes RICO - CLASS ACTION SUIT
[link to www.scribd.com]

the actual document HERE

abomb abomb abomb abomb
"When plunder becomes a way of life for a group of men living together in society, they create for themselves, in the course of time, a legal system that authorizes it and a moral code that glorifies it."
- Frédéric Bastiat

food, water, ammo, weapons, battery back up solar, hand well pump, wood stove and 1 year of food...oh yeah PM's too...good luck
PhennommennonnModerator
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10/04/2010 07:20 AM

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Re: MERS/MBS/Foreclosure Goes RICO - CLASS ACTION SUIT
:pinnthis1:
political correctness is a doctrine.... fostered by a delusional, illogical minority...... and rabidly promoted by an unscrupulous mainstream media; which holds forth the proposition that it is entirely possible to pick up a turd by the clean end.
PhennommennonnModerator
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10/04/2010 07:21 AM

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bout time those fucks got whats coming to them.

i asked for a pin av
political correctness is a doctrine.... fostered by a delusional, illogical minority...... and rabidly promoted by an unscrupulous mainstream media; which holds forth the proposition that it is entirely possible to pick up a turd by the clean end.
PhennommennonnModerator
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10/04/2010 07:22 AM

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thanks for the pin 4x2
:fonzicool:
political correctness is a doctrine.... fostered by a delusional, illogical minority...... and rabidly promoted by an unscrupulous mainstream media; which holds forth the proposition that it is entirely possible to pick up a turd by the clean end.
PhennommennonnModerator
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10/04/2010 07:23 AM

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av ill be posting from my cell while im out.
political correctness is a doctrine.... fostered by a delusional, illogical minority...... and rabidly promoted by an unscrupulous mainstream media; which holds forth the proposition that it is entirely possible to pick up a turd by the clean end.
aVian  (OP)

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10/04/2010 07:23 AM
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Re: MERS/MBS/Foreclosure Goes RICO - CLASS ACTION SUIT
thanks for the pin 4x2
:fonzicool:
 Quoting: Phennommennonn



its gonna get real ugly...short the fuckers

get ready to rumble
"When plunder becomes a way of life for a group of men living together in society, they create for themselves, in the course of time, a legal system that authorizes it and a moral code that glorifies it."
- Frédéric Bastiat

food, water, ammo, weapons, battery back up solar, hand well pump, wood stove and 1 year of food...oh yeah PM's too...good luck
PhennommennonnModerator
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10/04/2010 07:25 AM

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Re: MERS/MBS/Foreclosure Goes RICO - CLASS ACTION SUIT
av theres some important shit im gonna add that ill disclose from the road
political correctness is a doctrine.... fostered by a delusional, illogical minority...... and rabidly promoted by an unscrupulous mainstream media; which holds forth the proposition that it is entirely possible to pick up a turd by the clean end.
aVian  (OP)

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10/04/2010 07:28 AM
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av theres some important shit im gonna add that ill disclose from the road
 Quoting: Phennommennonn



so is Harrisburg officially bankrupt yet?
"When plunder becomes a way of life for a group of men living together in society, they create for themselves, in the course of time, a legal system that authorizes it and a moral code that glorifies it."
- Frédéric Bastiat

food, water, ammo, weapons, battery back up solar, hand well pump, wood stove and 1 year of food...oh yeah PM's too...good luck
Anonymous Coward
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10/04/2010 07:47 AM
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Re: MERS/MBS/Foreclosure Goes RICO - CLASS ACTION SUIT
Whats all the cheering about? Everytime another bank goes under, or another mortgage fails we the people are insuring those bastards. Its the peoples loss...



just sayin
see what I'm sayin
Anonymous Coward
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10/04/2010 07:51 AM
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Re: MERS/MBS/Foreclosure Goes RICO - CLASS ACTION SUIT
And after nothing comes out of this, it will be time for hangings.
Anonymous Coward
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10/04/2010 07:52 AM
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Re: MERS/MBS/Foreclosure Goes RICO - CLASS ACTION SUIT
Whats all the cheering about? Everytime another bank goes under, or another mortgage fails we the people are insuring those bastards. Its the peoples loss...



just sayin
see what I'm sayin
 Quoting: Anonymous Coward 1070538


The banks are generally shut down before they are completely broke. There are values they are not allowed to drop below, or else they'll be taken over.

Yes, there will be a cost. But there is also some value to be recovered. Quite frankly, I think we should sell off half of every branch of every bank that is taken over. You can't go a half mile in any direction without hitting a bank around here. How many of those buildings need to remain open?
Anonymous Coward
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10/04/2010 07:55 AM
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Re: MERS/MBS/Foreclosure Goes RICO - CLASS ACTION SUIT
Watch for some major distractions away from this unraveling octopus! Most can't wrap their brain around the all the tentacles yet, but all hell will break loose when it starts to sink in that the lawyer's, the judges, the government, the media etc..etc..are all tools that made this monster of deception possible.
Digital Rapture

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10/04/2010 08:14 AM
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Re: MERS/MBS/Foreclosure Goes RICO - CLASS ACTION SUIT
I've read the whole document. This potential Class Action suit (only a complaint at the moment) encompasses all property owners that has ever had a mortgage in the name of MERS. It seeks to attain damages at roughly 3 times the value of the property plus the title quieted to them. It explains in great detail how extent the fraud is and how the banks, as trustees of MERS, knowingly partook in the MERS scam as so the mortgages can be traded electronically as Mortgage Backed Securities and mortgage note never required to be signed in writing when ownership of the said mortgage was sold to another. There is virtually now way to show the chain of ownership and often times the mortgage note has already been paid for, sold, and was itself lost or destroyed.

Last Edited by Digital Rapture on 10/04/2010 08:15 AM
ifSHTF

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10/04/2010 08:30 AM
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Re: MERS/MBS/Foreclosure Goes RICO - CLASS ACTION SUIT
so how likely is it that someone would just stop paying a mortgage and hope to keep a house due to this issue... im still going to be paying my mortgage off.
Anonymous Coward
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10/04/2010 08:30 AM
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Re: MERS/MBS/Foreclosure Goes RICO - CLASS ACTION SUIT
What is MERS and MBS?

How does one know if their mortgage was one that is in the class action suit?

thanks in advance...
aVian  (OP)

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10/04/2010 08:31 AM
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Re: MERS/MBS/Foreclosure Goes RICO - CLASS ACTION SUIT
I've read the whole document. This potential Class Action suit (only a complaint at the moment) encompasses all property owners that has ever had a mortgage in the name of MERS. It seeks to attain damages at roughly 3 times the value of the property plus the title quieted to them. It explains in great detail how extent the fraud is and how the banks, as trustees of MERS, knowingly partook in the MERS scam as so the mortgages can be traded electronically as Mortgage Backed Securities and mortgage note never required to be signed in writing when ownership of the said mortgage was sold to another. There is virtually now way to show the chain of ownership and often times the mortgage note has already been paid for, sold, and was itself lost or destroyed.
 Quoting: Digital Rapture



this is mind blowing...this will crater all the TBTF banks

boooyaahhhh
"When plunder becomes a way of life for a group of men living together in society, they create for themselves, in the course of time, a legal system that authorizes it and a moral code that glorifies it."
- Frédéric Bastiat

food, water, ammo, weapons, battery back up solar, hand well pump, wood stove and 1 year of food...oh yeah PM's too...good luck
Digital Rapture

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10/04/2010 08:36 AM
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Re: MERS/MBS/Foreclosure Goes RICO - CLASS ACTION SUIT
What is MERS and MBS?

How does one know if their mortgage was one that is in the class action suit?

thanks in advance...
 Quoting: Anonymous Coward 1119097

MERS (Mortgage Electronic Systems, Inc & MERSCORP) is an electronic registration system created by the banks. They purposefully put the mortgage in the name of MERS (check your mortgage agreement to see if MERS is your mortgagee)

MBS (Mortgage Backed Securities) are securities created even before any loan is even given, comprised of about 5,000 mortgage, sold to investors on Wall Street. "From the time of the Great Depression up and until 1999, the conversion of loans into MBS was illegal."

Last Edited by Digital Rapture on 10/04/2010 08:44 AM
Serendipity
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10/04/2010 08:38 AM
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Re: MERS/MBS/Foreclosure Goes RICO - CLASS ACTION SUIT
They did the same thing with our federally backed school loans.

However, I doubt anything will ever come of it, because the federal government makes up the rules as it goes these days.
ifSHTF

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10/04/2010 08:43 AM
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Re: MERS/MBS/Foreclosure Goes RICO - CLASS ACTION SUIT
im 100% positive my home loan (countrywide => BOA) is MERS. I still cant justify not paying my loan to risk having my credit all jacked up. I know you can argue about not having CC, and paying only in cash, etc, but owning a small business and NOT having credit is simply NOT an option for me.

I believe I am part of the class, but I'm not sure what will be covered since I only bought my home in 2008 just prior to BOA taking over all of Countrywide's loans.
Levi Philos
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10/04/2010 08:43 AM
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Re: MERS/MBS/Foreclosure Goes RICO - CLASS ACTION SUIT
Allonge and Stellionate

These are terms associated with financial crimes (stellionate is selling the same thing to more than one buyer); allonge is a tracking document usually attached to a bill of exchange.

We may hear more of this with the MERS mess and with the multiple paper claims on commodities - especially the metal gold.

You may wish to acquaint yourself with these terms.

Here is one hit for allonge: [link to www.wisegeek.com]

One of many hits for stellionate: [link to legal-dictionary.thefreedictionary.com]
aVian  (OP)

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10/04/2010 08:46 AM
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Re: MERS/MBS/Foreclosure Goes RICO - CLASS ACTION SUIT
im 100% positive my home loan (countrywide => BOA) is MERS. I still cant justify not paying my loan to risk having my credit all jacked up. I know you can argue about not having CC, and paying only in cash, etc, but owning a small business and NOT having credit is simply NOT an option for me.

I believe I am part of the class, but I'm not sure what will be covered since I only bought my home in 2008 just prior to BOA taking over all of Countrywide's loans.
 Quoting: ifSHTF



I am part of the class too

Countrywide ==> BOA Servicer for
1st Fannie Mae
2nd Bank of NY Mellon
"When plunder becomes a way of life for a group of men living together in society, they create for themselves, in the course of time, a legal system that authorizes it and a moral code that glorifies it."
- Frédéric Bastiat

food, water, ammo, weapons, battery back up solar, hand well pump, wood stove and 1 year of food...oh yeah PM's too...good luck
Anonymous Coward
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10/04/2010 08:47 AM
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Re: MERS/MBS/Foreclosure Goes RICO - CLASS ACTION SUIT
What is MERS and MBS?

How does one know if their mortgage was one that is in the class action suit?

thanks in advance...

MERS (Mortgage Electronic Systems, Inc & MERSCORP) is an electronic registration system created by the banks. They purposefully put the mortgage in the name of MERS (check your mortgage agreement to see if MERS is your mortgagee)

MBS (Mortgage Backed Securities) are securities created even before any loan is even given, comprised of about 5,000 mortgage, sold to investors on Wall Street. "From the time of the Great Depression up and until 1999, the conversion of loans into MBS was illegal."
 Quoting: Digital Rapture


Thanks! From 1999 on, even tho it was illegal, did they still practice MBS?
Digital Rapture

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10/04/2010 08:49 AM
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Re: MERS/MBS/Foreclosure Goes RICO - CLASS ACTION SUIT
im 100% positive my home loan (countrywide => BOA) is MERS. I still cant justify not paying my loan to risk having my credit all jacked up. I know you can argue about not having CC, and paying only in cash, etc, but owning a small business and NOT having credit is simply NOT an option for me.

I believe I am part of the class, but I'm not sure what will be covered since I only bought my home in 2008 just prior to BOA taking over all of Countrywide's loans.
 Quoting: ifSHTF

If the Class Action suit goes through, you should be notified by mail, as your information would be in the MERS system. McKEEVER LAW OFFICES PLLC is the law firm hoping to file the suit.
Andromeda

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10/04/2010 08:51 AM
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Awesome post, Avian!!!

I'm looking forward to Phenn coming back online. I've been looking for her thread from a while back that tells people how to challenge the bank for the note and take possession of your property if they can't produce it.

This is so obvious, I wonder why people haven't talked about RICO before.

If banks can't modify loans because they can't unravel the chain of mortgage owners, that problem obviously goes both ways... they are selling ownership in phantom-mortgage backed certificates to the investors.
Anonymous Coward
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10/04/2010 08:51 AM
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Re: MERS/MBS/Foreclosure Goes RICO - CLASS ACTION SUIT
short the fuckers NOW scream
 Quoting: aVian


you betcha!
Digital Rapture

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10/04/2010 08:51 AM
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Re: MERS/MBS/Foreclosure Goes RICO - CLASS ACTION SUIT
MBS/Trustees and their lawyers discovered in the foreclosure process that the Note and Mortgage Assignments would never be located because they never existed. They also discovered that states did not allow blank Assignments or Assignments with retroactive effective dates. To solve the problem of the missing and non-existent Assignments, the MBS/Trustees, their attorneys and their Servicing Agents, decided to fabricate Assignments from thin air and then quietly record the fabricated Assignments.

In and about the years 1998 and 1999, with the final desecration of the Glass-Steagall Act, the mortgage industry introduced new “products” into the American marketplace in order to create massive amounts of mortgage loan “lists” to be listed as the assets of Mortgage Backed Securities, (“MBS”.) The borrowers taking out these loans were unaware of the fact that their loan was never a true negotiable instrument, but securitized and sold prior to them ever reaching the closing table. These products included “non-documentation loans” and adjustable rate mortgages, known as “ARMS.” Mortgage lenders, acting in coordination with one another, relaxed their standards for lending, which made an entirely new class of lower-income individuals eligible to receive loans. This, in turn, artificially drove up property “values.” As part and parcel of this scheme, investment “banks” and other lenders accepted appraisals “documenting” the new, higher values, and approved hundreds of thousands of applications for financing, most of which would normally have been declined.


This is at the core of the whole housing bubble and ultimately what caused the worldwide recession.

Last Edited by Digital Rapture on 10/04/2010 03:06 PM
Deej

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10/04/2010 08:51 AM
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spock

Last Edited by Deej on 10/04/2010 08:53 AM
No matter what happens... just say "Thank You." - D W Fierce
Anonymous Coward
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10/04/2010 08:56 AM
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Re: MERS/MBS/Foreclosure Goes RICO - CLASS ACTION SUIT
im 100% positive my home loan (countrywide => BOA) is MERS. I still cant justify not paying my loan to risk having my credit all jacked up. I know you can argue about not having CC, and paying only in cash, etc, but owning a small business and NOT having credit is simply NOT an option for me.

I believe I am part of the class, but I'm not sure what will be covered since I only bought my home in 2008 just prior to BOA taking over all of Countrywide's loans.

If the Class Action suit goes through, you should be notified by mail, as your information would be in the MERS system. McKEEVER LAW OFFICES PLLC is the law firm hoping to file the suit.
 Quoting: Digital Rapture


Where is this law firm located??? Whom to contact?
PrincessBride

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10/04/2010 08:57 AM
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Re: MERS/MBS/Foreclosure Goes RICO - CLASS ACTION SUIT
I've been wondering if all this bank foreclosure mess has been holding up home loan approvals.
Three weeks ago my SO applied for a home loan, with his 800 credit score, stellar work history, excellent salary, etc. and was told he was already approved over the phone, the appraisal set up and then this broke--- now silece.
So that begs the question, are banks holding up home loans while this mess gets sorted out?

btw: I just want to mention about that excellent salary:
Before the recession he managed an engineering team of ten, now he is the engineering team. He is being paid the same as he was before but doing the job of 11 people and I am not kidding. He gets so stressed and exhausted; I worry myself sick over him with this work load.
Heart of the heroes, ride.
Up through an empty house of stars,
Being what heart you are,
Up the inhuman steeps of space
As on a staircase go in grace,
Carrying the firelight on your face
Beyond the loneliest star.
"The Ballad Of The White Horse,"
G. K. Chesterton
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