Any and all rights of a Plaintiff to foreclose on a property by and through an Assigment of mortgage and note by MERS is invalid unless MERS is an actual holder in due course.
The courts are now ruling that if MERS is not the actual holder of the Note through proper assignments it cannot assign the Note to a plaintiff.
The courts are also ruling that if an Assignment of MERS claims nominee authority to assign the mortgage and note, MERS must provide proof they have an agency relationship to the original lender. If this is not produced, MERS and its Assignments are being rejected to give planitiff standings to foreclose.
US District Judge Kent Dawson in California upheld the ruling of a bankruptcy judge that the Assignment by MERS as nominee was invalid.
MERS has not appealed this ruling.
Here is what to do: File a motion to strike the Assignment if one was placed into the record. This Assignment becomes a cloud on the title and it is fraudlent. In most cases the signatures on the Assignement are false. The document is a perjured document. Now how to prove this? File a request to the state where the notary was comissioned for a copy of his or her notary application. It will contain his/her official signature. You may have to pay a fee to get the application file. Once you have this you can compare and see if the notary signature is valid. Many times the notaries are allowing others to use their seal and scribble some initials and they are not the signature of the notary. If the signature of the notary is purjured, the Assignment is invalid. Check all the witnesses signatures. Check if they are notaries. If they are get their notary files also. And see if the signatures match. Many times with MERS and OCWEN the are perjured and do not match. If you show this to a judge he will throw out the Assignment. The judge should then enter a sanction against the Plaintiff not to being any more Assignments into the court from MERS.
Fight against MERS Assignments.
Litgant, tired of being beat up by mortgage thugs