17006 11TH Avenue
Shoreline, WA 98155


2 November 2015


Meeting with Marie McDonnell Pursuant to Contract on MERS

Good Day to All of You:
Please be advised that the battle for transparency and open government
wages on in Seattle City Hall tomorrow at 2pm as area citizens and mortgage
professionals gather to demand that Marie McDonnell, Fred Popke and
Attorney Scott Stafne be called to present on the findings of her report as per
her city contract on the MERS analysis.
We decry the fact that City Hall obviously tipped off MERS Attorney Fred
Burnside to attend a hearing last month before the report was issued while
not giving Ms. McDonnell advance notice. Since that time many of us have
come forward, on video, to request that the government call in these
professionals but to no avail, ever since award-winning writer David Dayen
broke the story of the leaked audit.
Now is the time and we must not take "no" for an answer as we assemble
tomorrow for the weekly 2pm meeting: In support of that reasonable Demand
we have already showed Attorney Scott Stafne winning a lawsuit against
Burnside in Schiavone v. MERS up in Whatcom County last month. We now
we have the blockbuster settlement in Pennsylvania Public Schools
Retirement v. MERS, 939 F. Supp. 2d 445 (SDNY 2013)...........
.....Leading to the $335M settlement noted by Reuters this weekend:
Shareholders also said the bank knew that record-keeping in Merscorp
Inc's private Mortgage Electronic Registration Systems registry was so

poor that it would not be able to legally foreclose on thousands of
delinquent mortgages. MERS was established in 1995 to circumvent
the often cumbersome process of transferring ownership of mortgages
and recording changes with county clerks.
From PPS v. MERS:
"Moynihan contends that the letter says nothing about exposure to
repurchase claims and merely alerts readers to the decline in value in
subprime mortgages. While the letter does not explicitly reference
repurchase claims, it buttresses allegations that Moynihan was aware
of the consequences of BoA's overemphasis on generating mortgage
inventory. The letter reveals Moynihan's awareness of the sheer
magnitude of the securitization of subprime mortgages and their
subsequent precipitous decline in value. Knowledge of these facts,
viewed in context with the other allegations in the Amended
Complaint, make it more likely that Moynihan knew that BoA faced
repurchase claims far larger than what it had disclosed to the public....
Unlike the atomized approach to scienter [**11] Moynihan urges this Court
to adopt, no single allegation need conclusively establish scienter. While
courts may address allegations in sequence, they must review them as a
whole: "The inquiry . . . is whether all of the facts alleged, taken collectively,
give rise to a strong inference of scienter, not whether any individual
allegation, scrutinized in isolation, meets that standard." Tellabs Inc. v. Makor
Issues & Rights, Ltd., 551 U.S. 308, 323, 127 S. Ct. 2499, 168 L. Ed. 2d 179
(2007) (emphasis in original). Taken collectively, the allegations against
Moynihan plausibly state a strong inference that Moynihan acted with
scienter regarding the repurchase claims."
For the foregoing reasons, Moynihan's motion for partial reconsideration is
denied. The Clerk of the Court is directed to terminate the motion pending at
ECF No. 199.
Dated: June 12, 2013
/s/Christopher King, J.D.
Christopher King, J.D.