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john gault's Blog

MERSCorp' New Contract with "Genpact" and Corporate Malfeasance
by john gault | 2011/04/25 |

MERSCorp, which is the parent of MERS Inc., has entered into  a 7 year contract with a company called "Genpact".  MERS has engaged in the largest case of corporate malfeasance in history.

john gault's Blog ::

Here is the link for the announcement made at Genpact:

http://www.genpact.com/home/aboutgenpact/press-releases/genpact-MERS-contract.aspx

According to Dave Krieger, author of "Clouded Titles",  Genpact is  headquarted in the Bahamas and apparently operates in India.Yes, India.  

In addition to the most egregious insult to most egregious injury, some fear this is an effort at spoilation. It will also likely serve to add yet another layer and another party to legally 'haggle' with, in efforts to get at the truth of MERS'  'records'.   What is going on here? This private 'record-keeping' wasn't and isn't brutal enough? Now it's leaving our shores? As Patrick Henry said, "Forbid it, Almighty God!"

As the illusion of MERS has unravelled  - to our horror - (see my first article here), it has become clear that it is only members of MERS who actually enter any information including transfers of notes into its database. This has been done on a strictly voluntary basis with absolutely no oversight by MERS, which has and never has had employees.  Nor is oversight possible in a clandestine, voluntary only  system, especially one with no corporate governance of its own and no oversight or governance of actions taken by alleged principals in the name of the alleged agent (tweaked, very tweaked).  I mean, if I'm supposed to give you all my eggs, and only give you three when I have five, how would you know based on this mullarkey?

What has also become clear is that MERS has operated without one scintilla of corporate governance, from non-existant resolutions to the following list of malfeasance, misfeasance, nonfeasance, or d) all the above. 

MERS does not have nor has it ever had any copies of notes or deeds or trust or mortgages.  It has no copies of collateral instruments for which, through its members, it has claimed either nominee, agent, or beneficiary status.

MERS does not participate in any litigation in which it is a party.  Counsel allegedly representing MERS is retained and paid by members, members who are also represented by that same counsel and more often than not, in the same litigation. This is a prima facie, unprecedented instance of conflict of interest, and is purposefully misleading to all involved, including the judiciary. "MERS"  litigation arguments are being made by the members in defense of the actions taken by those members in the name of MERS.  

MERS has no corporate central archive for, nor has it ever had, copies of litigation undertaken by its members in its name. MERS may or may not have even been notified of litigation undertaken and paid for by its members in its name.   

MERS has never provided a copy of any document or instrument attached to any motion or pleading in any litigation or foreclosure action taken by its members in its name.  Someone else did, in MERS' name.

MERS did not file foreclosure actions.  These actions were taken by other parties in MERS' name, and yet other participants in the foreclosure process were hired and paid by members, not MERS.  Documents signed in MERS' name were not based on MERS' books of accounts, files, records, or documents within MERS' corporate supervision, custody, or control.   

No employee or real corporate officer of MERS ever executed an assignment of anything.  Members did, with no corporate oversight or supervision by MERS. MERS does not have a central corporate archive nor has it ever had copies of these alleged  assignments executed in MERS' name by member' employees or foreclosure mills.       

Unless an affidavit or declaration was signed by one of MERS' four true corporate officers, that affidavit or declaration was actually signed by a member's employee.  MERS does not have a central archive  nor has it ever had copies of these affidavits and declarations. These affidavits and declarations were never made with any MERS' corporate oversight or supervision nor based on MERS' corporate records, documents, or accounts.     

MERS does not maintain a central corporate archive for notices, demands, or correspondence related to foreclosure done by its members in its name nor were any of these ever constructed or executed with MERS' corporate oversight or supervision.  

MERS does not maintain a corporate archive of Mr. Hultman's alleged appointments of (straw) certifying officers.  The current iteration of MERS, Inc. has no corporate resolution authorizing these appointments.  

An audit of MERS' database, long overdue,  would likely reveal more transfers of servicing rights than transfers of notes. Transfers of notes to 'securitized trusts' are not to be found.   The trail , if at all straight and narrow, ends prematurely, I do believe. 

Not pretty.  And there, in this pretense of legitimacy, are the only 'records' of collateral interests in our land ownership. (This is so appalling, it's truy hard to grasp. It's hard to handle that it could and did happen here in the U S of A)   This is NOT a reason for the government of we the people to turn a blind eye, along the lines of too big to fail.  We cannot and will not be held hostage by this gang.  MERS' entire 'records' need to be made public and let the chips fall where they will.  MERSCorp's own actions and inactions have provided a big enough stick. 

I have an idea.  MERSCorp can hire thousands and thousands of AMERICAN workers, tax-paying employees,  to begin the seemingly impossible task of 'correcting' this atrocity. County recorders can hire thousands, as well. It may well be impossible, and will be small comfort to those who have already lost their homes to the boogie man, but hiring out of work American employees is a better move than out-sourcing-out-of-this- country.  Of course, we don't know what they're really up to with this out-sourcing, do we? I literally shudder to think. If MERS is not up to no good with this move, (dubious, dubious, dubious)  they can honor their new contract AND hire Americans. They've got the dough.  

And as for the ramifications of the malfeasance, misfeasance, and nonfeasance,  it's painfully obvious the consequences are dramatic. Or is it just painful?  

MERSCorp should be more than ashamed.  This writer is livid. And it should be made to pay, and pay, and pay..................

 

 

 

 

 

 

 

 

 

 

 

 




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1496 words | 6266 views | 2 comments | log in or register to post a comment


Devils Advocate Position

While I totally agree with your premise that this entire scenario we are now witnessing unfold, and it really still is in the unfolding stage contrary to the popular perception, my own thought is that the idea of MERS is actually no different than the way that the "securities" side of the industry has operated all along. The fact being that prior to packaging all this debt as a method of generating further revnue in and of itself, in a lot of instances lending institutions didn't bother to record assignments of security instruments anyway. In a lot of instances, the only time that assignments were recorded was when those serving as Trustee or as a foreclosing servicing entity demanded it in order to comply with their own end of things.

With the exception of matters that affect Real Estate serving as collateral in such instances, there isn't much along the "security paper" line that IS in fact recorded, like Bank notes, stocks, etc. because of purported privacy issues and business proprietary interests.  Part of this no doubt has to do with the push towards what many refer to as a "paperless society" or in business simply "paperless transactions", wherein lies the real rub. Paperless only implies the lack of paper, not the lack of information.

The home loan business has pretty well evolved to the format of being a matter of hoop jumping for the consumer, and the business side of it has evolved to a matter of simply filling in the blanks on forms, supplying the borrowers information ( which they submit being "private" as well), and checking a lot of boxes either yay or nay. In other words, filling out an order form.

Money being a more or less "standardized" commodity the one side was in fact addressed to exclude the other side of the equation which absent the necessity of collateralization by format would have been excluded anyway. So it may not be that anybody is actually intentionally hiding anything in all of this, but rather, that the parties came up with this new fangled idea to "save money" by not recording assignments in the County Recorders Office but just chose not to dot all the "i"'s and cross all the "T"'s when trying to bring their brainchild to fruition on their own system.

The real underlying problem being not the ineffectiveness of MERS, but what is apparently now being disclosed that in a great many instances, its' own MEMBERS either did not use or even worse, CHOSE not to use it to "save" even more money. So it is the "non-recordation" of this stuff in ANYBODY's sytem that is the REAL problem.

Of course, the result is still the same. Nobody can FIND a great deal of the information that was supposedly posted to that system for "safe keeping" and ease of retrieval.

And as a result, MERS isn't really "suffering" at all, but everyone else connected to it either voluntarily or involuntarily is. 

 

 

 
by Donald Petersen | 2011/05/02 | log in or register to post a reply

That's a very disturbing proposition

".....its' own MEMBERS either did not use or even worse, CHOSE not to use it to "save" even more money. So it is the "non-recordation" of this stuff in ANYBODY's sytem that is the REAL problem."

It certainly would help explain some things, however.  I've speculated that that gang had attempted e-tradiing (of non-e-notes)  on MERS' e-registry, but it never occurred to me they would skip even that to avoid those costs, also,  which is insane if true! No record, no nuthin!   I don't know how there can be any doubt digital copies of notes are being used against homeowners.  They've got "original" notes with endorsement stamps over  borrower signatures, upside down, and inside out. It's really unbelievable, shocking, and well, shameful. 

 


 

 

 
by john gault | 2013/10/20 | log in or register to post a reply
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