A landmark ruling in a recent Kansas Supreme Court case may have given millions of distressed homeowners the legal wedge they need to avoid foreclosure. In Landmark National Bank v. Kesler, 2009 Kan. LEXIS 834, the Kansas Supreme Court held that a nominee company called MERS has no right or standing to bring an action for foreclosure.

http://www.huffingtonpost.com/ellen-brown/...e_b_292333.html

http://livinglies.wordpress.com/2009/09/16...ies-strategies/

This needs to be a sticky!!

I've read that this case isn't really about the consumers. It's more about the lender vs lender.

I've been doing alot of research and boy are my eyes opened!

There are companies out there who are fraudulantly creating assignment of mortgages so they can foreclose. The result? The property sells at Sherriff's sale and the fraudulant A/M gets paid. The real and original lien? It's still there. Talk about a mess.

The process of going through just MY county records is tedious. There is so much fraud that it's hard to wrap my head around it. The judges don't even look at anything. For instance, there needs to be the Note and Mortgage with proper assignments attached to the complaint when it is filed. There are cases wherre there is no Note. The plaintiff says it cannot be located. The Mortgage has been shopped around like a whore, but they claim through a fraudulant assignment recorded AFTER the complaint was filed, that the original mortgage holder assigned it to them.

When the Produce the Note theory came about, the attorneys and mortgage co.'s found a way around that. They simply claim it's lost or stolen and have someone fill out and sign an affidavit. These affidavits aren't worth the paper they're written on!

I came across a case where the attorney who filed the complaint for foreclosure, on behalf of his client Smelly Mortgage Co., created an A/M from MERS to Smelly Mortgage Co., where he the attorney, signed as VP of MERS and a member of his staff notarized it. I went to his lawfirm's website and there he is and there she is. Ha ha ha. I hope he gets disbarred.

In this same case, there is a second mortgage. Upon scrutiny, I realized that the Note doesn't even have the defendant's name on it. The Morgage has the defendant's name on it, but it has a different company than the Note. WTF?

EE Gads.......

Hi All

Great news.. I sure hope they adopt this ruling in my state of NJ.

Thanks,

acesfull