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This morning’s Coeur d’Alene Press had an article headlined Premature Foreclosure. The subject matter of the article (and the lawsuit) is interesting, but there are some pieces missing in the online article.
We can probably assume from the article that the Griffins are the plaintiffs, but who are the defendants? The article strongly implies the defendants were American Home Mortgage, Residential Credit Services Inc. and the Mortgage Electronic Registration Systems, Inc. (MERS) The article also fails to provide a link to the District Court’s decision or even a case number. The decision could have been scanned and linked in the newspaper’s online article. Court decisions are public record, so there is no copyright infringement. That’s one missing piece, or missing link if you prefer.
The second missing piece is the article’s naming Residential Credit Services, Inc., but not explaining who that is. That is important, because while the article names Residential Credit Services, Inc., the Idaho Supreme Court Data Repository (ISTARS) identifies the defendants as American Home Mortgage; Does, I-V; Mortgage Electronic Registration Systems Inc; and Residential Credit Solutions Inc. Are the Residential Credit Solutions, Inc. identified in the ISTARS and Residential Credit Services, Inc. identified in the newspaper article the same company? They may be, but we don’t know from the article. According to ISTARS, the case number in the First District Court was CV-2011-0002388.
The newspaper article contained these observations:
MERS has come under the microscope since the financial fallout of 2008. It has been the focal point of court cases, including a 2010 ruling by Washington, D.C., Attorney General Peter Nickels that stated a foreclosure couldn’t happen unless the “current noteholder is properly supported by public filings with the District’s Recorder of Deeds.”
This statement is confusing, because while it uses the term “court cases,” it goes on to refer to a ruling by Washington, D.C. Attorney General Peter Nickels. Was the ruling by an attorney representing the District of Columbia an opinion, a negotiated decision, or what? If the AG’s ruling was adopted in a binding court decision, that should have been noted in the article.
The MERS website provides a link to its Legal Primer to provide its readers with “…a sampling of cases that address the standing of MERS to foreclose its mortgages.”
The Press article was interesting and timely in spite of its being incomplete and somewhat confusing. Given the Press‘s unwillingness to follow up and report completely stories of apparent statewide interest as they develop, this may be the last we hear of it.
Here’s the missing piece.
Your title has been destroyed.
There is no title insurance. Seriously, look. Not the commitment, although that can be enlightening, but the policy itself. If you can find it.
Not only that, but I bet if you REALLY look at the language in your deed of trust you will see that the trust agrees to return you title “without warranty”. I know because I found that in the boilerplate of my deed of trust. If it’s in mine, there is a high probability it’s in yours as well.
If you have MERS on your Mortgage, and subsequently if your loan was securitized, you will never see clear title and hence, you are buying nothing.
If you are buying nothing and there is no title insurance to secure against this kind of loss, why are you writing your monthly mortgage check?
This, no doubt, will leave many perplexed. It is a long strange trip from where you are to where reality is.
This is a highly complex story and you can spend years down the rabbit hole trying to figure it out. Fortunately, others have gone before and have left a clearly marked trail.
Be forewarned. This is truly a red pill/blue pill kind of moment. This way lies madness.
The good news is, once you come out the other side and come to understand, you come to understand that ultimately, it’s really very simple.
It’s about your title.
Kudos to attorneys Jeff Crandall and Regina McCrea for cutting through all the BS and clearly seeing the issue for what it is and a humble bow of deep respect for Judge Ben Simpson for his clear eyed approach to this issue.
This is truly a great day for CdA. I hope it signals a start to a nationwide movement. We can take our country back. You don’t have to join a political party, you don’t have to vote. It doesn’t matter anyway. No one listens.
If you are a homeowner and want to find out if you have MERS on your Mortgage, you can find out for free at http://www.V.hersid.com
If you find you have MERS on your Mortgage, then I urge you to an act of civil obedience. File for a quiet title on your property. Force the other side to prove the chain of title on the other side of the break. If they can show it to the judge’s satisfaction, then continue to pay your mortgage. If they can not, and according to Judge Simpson they can not, and we know from our time in the rabbit hole they can not, then according to Judge Simpson, you get a clear title.
Obey the rules.
Obey.
And demand your tormentors do the same.
Perform an act of massive civil obedience.
V.
Comment by Chinkman — May 8, 2011 @ 1:53 pm