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I have long been researching quiet title actions against lenders who have placed MERS as the beneficiary on a deed of trust, and where the note has been separated from the deed of trust as the lender sells the note to another party or stream of additional parties through the securitization process. When MERS is listed as the beneficiary or nominee of the lender and the deed of trust states that only the actual true lender has the ability to move the deed to another party through a foreclosure action, MERS is simply not a party of Interest. MERS has no skin in the game. They have received no payments nor have they paid any money to any party in the mortgage transaction. They have no beneficial interest in either a foreclosure, an reo sale, a mortgage modification or a quiet title action against the lender. They are very simply a straw man variable to be manipulated at will by the lenders and their attorneys allowing them to state that MERS is foreclosing on behalf of whatever party they say as most of the times they have no clue who really owns the note nor do they have any proof of ownership . MERS is a piece of alchemy created by lenders, owned by lenders to allow a huge clusterfuck of mortgage notes to make no difference when servicers go to foreclose on homes as the real estate market precipitously dropped as they knew it would. MERS allows the mortgage lenders to take a ³Lets foreclose on them all and sort out the money later´ attitude. There are a vast array of cases across jurisdictional boundaries upholding the 1872 US Supreme Court precedent Carpenter v. Longan, 83 U.S. 271, at 274, including Landmark v Kesler in kansas which states that when the note is separated from the deed as in the case of a MERS nomination, the deed becomes a nullity and the remedy is Quiet Title. read this from mr. Neil Garfield. Plan your attack accordingly. (I am not an attorney and do not give legal advice) We do have a few great pleadings though. Fill out the form to the right if you want a free copy of our quiet title pleading. Let us know if you are an attorney or a distressed homeowner. We may be able to find you great local counsel. We have counsel in California filing quiet title actions. Our california quiet title action is based on the model used in Utah by Walter keane to nullify the trust deed. Although Als office is in Southern California we have relationships with attorneys throughout the entire state of California for appearances required for a California Quiet Title action PRIMARY CAUSE OF ACTION ± THE DEED OF TRUST IS NULL QUIET TITLE IS THEREFORE REMEDY TO THAT NULLITY 1. Between July to August 2006, a now-bankrupt Countrywide Home Loans Inc. in conjunction with US Bank N.A., illegally decoupled (separated) ownership of a note,which listed Countrywide Home Loans Inc., ± from ownership of the Arizona-recorded Deed of Trust, which in contrast listed the µbeneficiary¶ as MERS. (Maricopa County Recorder #2006-10000). This now-bankrupt Countrywide Home Loans Inc. note was created in the name a previous owner of Plaintiff¶s property at _____________. 2. During this origination period, Countrywide Home Loans Inc. and US Bank N.A. well knew long-standing black letter mortgage law ± the 1872 US Supreme Court precedent Carpenter v. Longan, 83 U.S. 271, at 274, inter alia, which states any separation of the Note from the Deed of Trust is a Nullity.
³The note and mortgage are inseparable; the former as essential, the latter as an incident. An assignment of the note carries the mortgage with it, while an assignment of the latter alone is a nullity´. 3. In the last 24 months, Carpenter v. Longan, 83 U.S. 271, at 274 has been repeatedly used as foundational precedent throughout this county, as the basis for illegal nullity in numerous courts including the Kansas Supreme Court in Landmark Nat¶l Bank v. Kessler, 216 P.3d 158 (2009); and the Supreme Court of Arkansas in Mortgage Electronic Registration Systems. Inc. v. Southwest Homes of Arkansas, 2009 WL 723182 (2009), inter alia, and many others. COUNT I QUIET TITLE, A.R.S. § 12-1101, et seq. 4. Plaintiff repeats, re-alleges, and incorporates by reference the foregoing paragraphs. 5. Plaintiff holds title to its subject property at _________________. 6. Plaintiff is credibly informed and believes that these non-real party(ies) in interest Defendants make some claim adverse to Plaintiff. 7. A null security agreement is unenforceable for foreclosure or cloud on title in Arizona. Quiet Title is the only remaining option. 8. Defendants¶ Decoupling Separation violates the long-standing precedence of Carpenter v. Longan, 83 U.S. 271. 9. Said Deed of Trust was indeed separated from the note, one or more times, making it null, deficient, and illegal. 10. Said nullity is an improper cloud on title. 11. WHEREFORE, Plaintiff requests that judgment be entered against Defendants as follows: A. Judgment establishing Plaintiff¶s estate as described above; B. Judgment barring and forever estopping Defendants from having or claiming any right or title to the premises adverse to Plaintiff; C. Judgment for Plaintiff¶s attorneys¶ fees and costs; D. Such other and further relief as this Court deems just and proper. Excerpt from Arizona Quiet title action« Interesting
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