Mortgage Electronic Registration System (MERS) is nothing more than a mortgage filing cabinet on computer. Members of MERS record images of their mortgages on MERS computer retrieval system. The mortgage companies appoint MERS as nominee meaning MERS can now act as an agent for the mortgage company in assignment of the mortgage over the term of the loan. But MERS is NEVER given nominee agency in regard to the NOTE because it is a negotiable instrument payable to the person who has legal assignment to have it, or if the note is endorsed in blank, it is a pay to the bearer instrument. MERS cannot and does not act as a holder in due course of the Note and therefore has no agency or authority to assign it.
If MERS could assign the Note, they would have to endorse it on the back as an assignor and deliver the note to the assignor. MERS cannot just make up an Assignment of mortgage and attach words that the Note is also assigned and there is no actual delivery of the original Note.
MERS has been involved in racketeering yet not a single attorney general in any state has taken this monster on.
All the assignments by MERS that try to assign ownership of the mortgage note is fraud. If such an assignment was filed in your case, enter a motion to strike the assignment and state the reasons why MERS cannot assign your note. It is not the nominee. It was not a holder in due course. It did not ever have possession of the original Note. And it did not endorse the Note on the back as assignor to an assignee.
MERS needs to be sued for damages to over 62 million Americans by the attorney generals in all the several states.
Litgant
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