Foreclosure Fraud – In the Beginning

Max Gardner’s long-standing battle against predatory lenders, mortgage foreclosure fraud and dishonest debt collectors is well known to those who follow these issues.  Nye Lavalle’s diligent years-long effort to document and expose the flaws in the mortgage servicing and foreclosure process is certainly well known now through this explosive New York Times article.  What most don’t know is that Max and Nye first connected about …

Southern Essex District (MA) Register of Deeds John O’Brien Calls for Criminal Action against Big Banks

Salem, MA – January 18th, 2012 O’Brien calls for criminal action against the Big Banks Says they acted like “criminal enterprise” Saying that the time has come for a full scale criminal investigation, Southern Essex District Register of Deeds John O’Brien, today has sent some 31,897 of what he says are fraudulent documents that have been recorded in the Salem …

A MERSY Christmas

Tis right before Christmas, but they’ll still take your house Many creatures are lurking, like Baum – that louse. The documents were strung together without care, Have a missing assignment? LPS will be there! The attorneys said “We’ve put our problems to bed” As fraudclosure whistleblowers were turning up dead. There’s Biden in Delaware, and Martha in Mass., Who finally …

The Truth about Judge Young and MERS

The spin straight out of the gate seems to be that the Culhane opinion handed down earlier this week is good for MERS, but a thorough reading of the case points in a different direction.  Boot Camp graduate Jamie Ranney provides this conflicting analysis: I think Judge Young makes it clear in Culhane that all MERS foreclosures conducted in MA are prima …

MERS as Custodian of Future Mortgage Documents?

Even as state and county officials are rousing themselves to take long overdue action against MERS, another faction may be quietly moving in the opposite direction.  In this Mandelman Matters podcast interview, attorney Tom Cox describes the new push toward an all-electronic mortgage procedure–including the possibility of MERS acting as custodian of the electronic records that would be the definitive …

Delaware v. MERS

On October 27, Delaware Attorney General Beau Biden filed suit against MERS, alleging that the registry had repeatedly violated the state’s Deceptive Trade Practices Act.  In a press release, AG Biden said: Since at least the 1600s, real property rights have been a cornerstone of our society. MERS has raised serious questions about who owns what in America. A man …

MERS Dissected

The most recent edition of the Cardozo Law Review includes an in-depth analysis of MERS and the legal challenges to its foreclosures, including an interesting parallel to 15th-century mortgage abuses and the protections that evolved as a result. Modern foreclosure law developed as a response to the traditionally harsh consequences borrowers faced if they failed to pay their loans on …

ABA Journal on MERS Rule Changes

We’ve talked before about the process changes in the works over at MERS, but this ABA Journal article is notable for it’s blunt presentation of what’s really happening with the rule changes: Calling for an end to a controversial practice, the Virginia-based company that owns Mortgage Electronic Registration Systems (MERS) has announced a change in its rules that apparently would …