Recent (but underreported) news in business and finance revealed that MERS, the fraudulent mortgage reporting system used in over 50% of mortgages that are considered troubled, is quickly becoming deemed by various national courts as a fraud in that MERS, helmed by its banks, illegally circumvented and perhaps forged proper title practices in the transfer of titles for millions of mortgages. This is part of the "robosigning" fraud recently discussed in national news, yet underanalyzed for the edification of homeowners.
Go to http://livinglies.wordpress.com for more astute analysis of this issue from Neil Garfield, one of the first purveyors of mortgage literacy for laypeople.
One, early important step to hold your bank accountable is pursue Quiet Title Action in order to demonstrate whether your title is "free and clear" or not. Given what we now know about MERS and like entities, your title is probably NOT clear.
For Alameda County, you can quickly and FREELY check who is associated with your deed or deed of trust here at the AC Gov's Public Records Search. Just type in your last name and first name and hit return. Look for those dates associated with when you first bought your home. Once you find the document, check to see if you are the only entity listed. If you are a Countrywide now Bank of America mortgage holder, you are almost certainly a victim of the MERS fraud. Even if you do not see MERS or Mortgage Electronic Registration Systems named there, but you are a former Countrywide (now bankrupt) now BofA or Citibank or JPMorgan or WellsFargo noteholder, you are likely still a victim.
Get your records here:
http://rechart1.acgov.org/search.asp?cabinet=opr
For other counties and states, simply google search your county's public records website. These records should be FREE. Do not pay for an attorney to do this for you.
Quiet Title Action Complaint - sample (more to come)
This is a scribd.com file. Scribd is not my favorite public use document loader. Google docs is much friendlier. But this is offered here as a sample.
http://www.scribd.com/doc/30047668/California-Quiet-Title-Complaint-by-Charles-Lincoln-20100128
Go to http://livinglies.wordpress.com for more astute analysis of this issue from Neil Garfield, one of the first purveyors of mortgage literacy for laypeople.
One, early important step to hold your bank accountable is pursue Quiet Title Action in order to demonstrate whether your title is "free and clear" or not. Given what we now know about MERS and like entities, your title is probably NOT clear.
For Alameda County, you can quickly and FREELY check who is associated with your deed or deed of trust here at the AC Gov's Public Records Search. Just type in your last name and first name and hit return. Look for those dates associated with when you first bought your home. Once you find the document, check to see if you are the only entity listed. If you are a Countrywide now Bank of America mortgage holder, you are almost certainly a victim of the MERS fraud. Even if you do not see MERS or Mortgage Electronic Registration Systems named there, but you are a former Countrywide (now bankrupt) now BofA or Citibank or JPMorgan or WellsFargo noteholder, you are likely still a victim.
Get your records here:
http://rechart1.acgov.org/search.asp?cabinet=opr
For other counties and states, simply google search your county's public records website. These records should be FREE. Do not pay for an attorney to do this for you.
Quiet Title Action Complaint - sample (more to come)
This is a scribd.com file. Scribd is not my favorite public use document loader. Google docs is much friendlier. But this is offered here as a sample.
http://www.scribd.com/doc/30047668/California-Quiet-Title-Complaint-by-Charles-Lincoln-20100128
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