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MERS Complaint

MERS Complaint

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Published by Foreclosure Fraud
4closureFraud.org
4closureFraud.org

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Categories:Types, Research, Law
Published by: Foreclosure Fraud on Oct 28, 2011
Copyright:Attribution Non-commercial

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04/02/2013

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in 2009 in contravention of MERS’ rules, an investigation indicated a number of

additional problems with the ownership and transfer records related to the loan.

First, on February 11, 2009, the attorney prosecuting the foreclosure action

recorded an assignment of the mortgage (attached as Exh. LL) from MERS (again

acting as the nominee for First NLC) to Beltway Capital, LLC, which assignment

was executed on December 19, 2008. MERS thus relinquished its right to the

mortgage over two weeks prior to the date when a complaint was filed by MERS

on the same instrument with the Superior Court. In addition, despite language in

the assignment that MERS was acting solely as nominee for First NLC (rather than

for First NLC’s successors and assigns), an examination of the mortgage

assignment indicates that the MERS signing officer executing the document as

nominee for First NLC appears to be an employee of the assignee, Beltway

Capital, LLC.9

9

This is based on the fact that the signing officer signs a certification in the same document attesting to the true and

correct address of Beltway Capital, LLC. Presumably such a certification would be made by an employee of that

company.

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