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Have you had your request for a loan modification mishandled or denied?
Did you receive your loan, or refinance, in the last 15 years?
Has your loan been transferred to different servicers, bought and/ or sold?
Do you have a MERS loan (65 million people do)? Do you notice the word MERS on your loan docs?
Have you received a "trial period" modification only to have the permanent modification denied and forclosure continued?
Do you have Robo signers on your mortgage documents?
Do your foreclosure letter show " Securities Trust " or makes another bank a trustee of your mortgage?
If you answered YES to any of these questions then you have been a victom of Mortgage FRAUD created by your lender. Do you know even though your property was Foreclosed on and you haven't given up possession of your house, you still have the oportunity to STAY in your home and FIGHT, FIGHT, FIGHT. I need you to grab your loan package, wipe the dust off the paper work and look for a very interesting document. Ok, now depending on which state you are located in, you will have a SECURITY DEED or DEED of TRUST. Located on the front page of your SECURITY DEED or DEED OF TRUST you will find a 4 letter word call MERS, which stands for Mortgage Electronic Registration System, Inc. You will also see a MIN # which is like a Social Security number but for your property. Whether you see MERS on your loan documents or not you still could be a victim of mortgage fraud. Not all lenders use the MERS system.
Now I bet you are wondering what is MERS. Hold on to your seat because this is about to get very interesting. As soon as you purchased your home and signed the closing documents, MERS took electronic control of the NOTE. The mortgage and the NOTE were separated at the closing table. Federal law of 1872 clearly states you can't separate the PROMISSORY NOTE and SECURITY DEED/DEED OF TRUST. Once you signed on the dotted line your property was Securitized, place on Wall Street and sold several times making the big guys filthy rich at both you and I expense. The banks were so busy selling these NOTES that they mishandled 80% of the paper work which is good for you and me.
80% of mortgage lenders can’t prove they have proper documentation to foreclosure. However, 95% of homeowners DO NOT Challenge Foreclosure !!!!
Kluge v. Fugazy, 145 AD2d 537, 536 NYS2d 92 [2nd Dept., 1988] the Court held that the assignment of a mortgage without transfer of the debt is a nullity and a cause of action for foreclosure must fail.
Merritt v. Bartholick, 36 NY 44  the Court of Appeals held that as a mortgage is but an incident to the debt which it is intended to secure (cites omitted), the logical conclusion is that a transfer of the mortgage without the debt is a nullity, and no interest is assigned by it. The security cannot be separated from the debt, and exist independently of it. This is the necessary legal conclusion, and recognized as the rule by a long course of judicial decisions.
MERSCORP, Inc. v. Romaine, 8 NY3d 90, 828 NYS2d 266 , Justice Ciparick, in her concurring opinion specifically notes that the Court’s ruling left for another day the argument made by the County of Suffolk and various amici “that MERS has violated the clear prohibition against separating a lien from its debt and that MERS does not have standing to bring foreclosure actions * * * (see, e.g., Merritt v. Bartholick, 36 NY44, 45 ). [*4]