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HELP What can I do foreclosed sheriff sale and MERS

 
Anonymous Coward
User ID: 659511
United States
04/30/2011 05:34 PM
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Re: HELP What can I do foreclosed sheriff sale and MERS
Then would not the original note have been included in the bankruptcy???

then alleged said notes taken up by another loan "servicer" just some entity to take payments???
Anonymous Coward
User ID: 1230139
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04/30/2011 05:50 PM
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Re: HELP What can I do foreclosed sheriff sale and MERS
Sheena, first word of advice. GO GET A NEW ATTORNEY!!!!

Pay the attorney, find $$$ somewhere.

When you get your new attorney, have them file a motion that stops the sale or eviction. Here we have a motion that basically says, whoa judge hold up the sheriff sale and or letting this go on further. I am Sheena and I have lots of new evidence that must be presented before I am kicked out of my home.

You can also go the bankruptcy route for the automatic stay. In that case make sure your attorney->the bankruptcy trustee knows of the MERS/etc. problems. This is not about you, your illnesses or even your lack of payment.

This is 100% about a fraudulent loan the bank forced you into. ie if you are MERS, then the loan is 100% fraudulent. You can find many court cases, etc. that support MERS = fraudulent. And with such, the bank now has to prove "standing". ie when they filed for the foreclosure judgment, filed the affidavit and then sold your home, these were all illegal actions.

Just because you "consented" by doing nothing, that does not mean you can't do anything now. Plus if they kick you out of your home, you can still fight. Even if someone else bought it, moves in, etc. If you can prove the bank had no right to do all this mess, then you get your home back, the new owners have to leave, etc.

Get a good attorney, pay the $$$, if you win you can get all that $$$ + more back from the bank's fraudulent actions. And don't be afraid to take on the bank(s). They are just yet another corp fiction. They even have fake $$$ and fake attorneys. But keep the law on your side, you can stand up to them.
Anonymous Coward
User ID: 1294252
United States
04/30/2011 06:56 PM
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Re: HELP What can I do foreclosed sheriff sale and MERS
Sheena,
Since the state of Michigan doesn't recognize MERS as having standing to foreclose, you definately have a great case. Good luck to you on this and thank you for all the other posters that have added to this thread and giving great advice to Sheena. It's caring people like you that keep me coming back to GLP. So many intelligent and caring people here, gives me hope for Sheena and humanity.
oniongrass

User ID: 1193082
United States
04/30/2011 10:09 PM
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Re: HELP What can I do foreclosed sheriff sale and MERS
... Found an attorney that went to court with us for free and asked Trott and Trotts attorney to provide the legal note/deed by the end of the day. Well, I called the attorney and he said he gave Trott till the next day…So I called the next day, and he basically told me to take the money and run and move…? Then, I read more about mers as there was a cover story on our towns paper the next day…SO, I called the deeds office and both ladies myself and the state is now totally confused…The attorney that help us seems bothered by the whole deal now I really dont think he wants to bother with it as it is so new and such a biggie…
wells fargo did offer us cash for keys in the amount of $1400.00 but they will not release the money till May 16th when they inspect to make sure we are completly out of our home.
So, is there any hope?
...
 Quoting: saturn27

Wow! Yes there is hope.

You either need to negotiate a new deal with that attorney that makes him want to take your side, or dump him and get another "foreclosure defense" attorney.

Your position in this thing is worth way more than $1400. I don't know how you did so well starting even after the sheriff's sale, but take it and run with it!

Here's an idea too. While you're dragging this thing out, file a "quiet title" action in your state court, seeking to have the MERS lien declared void. This would give you the house mortgage-free (assuming the sheriff's sale can also be reversed.) I would hurry because Obama is doing things that would fix up the paperwork and remove your grounds for such a lawsuit. Discuss this with the foreclosure-defense attorney.

You should be able to get a good attorney now. Facts are now looking in your favor, so tell them that when interviewing attorneys! Maybe you can work out a contingency arrangement where they get paid only if you get clear title -- check all this out and report back!
oniongrass

User ID: 1193082
United States
04/30/2011 10:13 PM
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Re: HELP What can I do foreclosed sheriff sale and MERS
... The prosecuter attorney in my city stated that he "promises" to call me monday with more info and to send the best sheriff to dicuss this matter...What do I expect to hear from the sheriff?
...
 Quoting: saturn27

You should not be talking to the prosecuting attorney! He is your enemy in this process. I'm not even sure he has an ethical duty (according to his professional ethical obligations) to keep promises to you. You are not a judge, you are an adversary to him.
saturn27 (OP)

User ID: 1275597
United States
05/03/2011 10:43 AM
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Re: HELP What can I do foreclosed sheriff sale and MERS
... The prosecuter attorney in my city stated that he "promises" to call me monday with more info and to send the best sheriff to dicuss this matter...What do I expect to hear from the sheriff?
...
 Quoting: saturn27

You should not be talking to the prosecuting attorney! He is your enemy in this process. I'm not even sure he has an ethical duty (according to his professional ethical obligations) to keep promises to you. You are not a judge, you are an adversary to him.
 Quoting: oniongrass


Thanks for all your info!! That is awsome of ya! But this prosecutor seems like he wants to take down the banks...he gave me a number to some special agent that is investigating these in our town...And, hes talking to my attorney too...I am very confused now...Because the deeds ladies down at our city hall told me to call the prosecutor because he is taking all these to supreme court and filing against them...whats your thoughts...
saturn27 (OP)

User ID: 1275597
United States
05/03/2011 12:38 PM
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Re: HELP What can I do foreclosed sheriff sale and MERS
Sheena,
Since the state of Michigan doesn't recognize MERS as having standing to foreclose, you definately have a great case. Good luck to you on this and thank you for all the other posters that have added to this thread and giving great advice to Sheena. It's caring people like you that keep me coming back to GLP. So many intelligent and caring people here, gives me hope for Sheena and humanity.
 Quoting: Anonymous Coward 1294252


This is the same reason I keep coming back myself....Some people tell me to stay off these sites....bla bla...but there are great people that know how to use their own head. And, together we all can make a great voice...

So, thank you all for your info on MERS. It has been very helpful in this very hard and confusing issue that my family is facing.

Big ol' thanks!!!
Anonymous Coward
User ID: 1368986
United States
05/03/2011 08:26 PM
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Re: HELP What can I do foreclosed sheriff sale and MERS
hi sheena,\
\
I posted an offer to help you wirte a motion to stay last page.

take a look at this case. Mers lost big time in AZ. You can use most of the research and see where mers screwed up in their appeal to make your argument bulletproof.

[link to market-ticker.org]

lays it all out for you.

also, you can plead in these case references even though they are from a foreign state (not michigan) it is called the equal protection clause of the constitution.

some judges still remember what the constitution is
saturn27 (OP)

User ID: 1275597
United States
05/04/2011 02:15 PM
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Re: HELP What can I do foreclosed sheriff sale and MERS
hi sheena,\
\
I posted an offer to help you wirte a motion to stay last page.

take a look at this case. Mers lost big time in AZ. You can use most of the research and see where mers screwed up in their appeal to make your argument bulletproof.

[link to market-ticker.org]

lays it all out for you.

also, you can plead in these case references even though they are from a foreign state (not michigan) it is called the equal protection clause of the constitution.

some judges still remember what the constitution is
 Quoting: Anonymous Coward 1368986


Thank you I will deff take a look at it!! thanks again..I just dont really know if I should keep going with it not sure I am getting so confused now...:(