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SOURCE: http://www.zerohedge…nsfer-mortgages
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Judge Finds MERS Has No Right To Transfer Mortgages, Finds Entire MERS Process Illegal
Submitted by Tyler Durden on 02/14/2011 15:31 -0500
There was a time when news, especially very bad news, moved stocks. The last time that occurred was in the middle of 2009, before most robots had any idea just how massive the chairsatan's schizoid break with reality was. Now, that the appropriate sociopathology is fully priced in, bad news tends to have an even more profound upside impact on stocks than good news, as it guarantees that the Zimbabwe stock market will be upon us far sooner than if the economy were to have to go through another inter-QE episode. Which is why the just released news out of US Bankruptcy Judge Robert Grossman of Central Islip, New York, that MERS lacks rights to transfer mortgages will likely send the entire S&P circuit breaker up.
From Bloomberg:
“Merscorp Inc., operator of the electronic-registration system that contains about half of all U.S. home mortgages, has no right to transfer the mortgages under its membership rules, a judge said…U.S. Bankruptcy Judge Robert E. Grossman in Central Islip, New York, in a decision he said he knew would have a “significant impact,” wrote that the membership rules of the company's Mortgage Electronic Registration Systems, or MERS, don't make it an agent of the banks that own the mortgages…”“MERS's theory that it can act as a 'common agent' for undisclosed principals is not supported by the law,” Grossman wrote in a Feb. 10 opinion. “MERS did not have authority, as 'nominee' or agent, to assign the mortgage absent a showing that it was given specific written directions by its principal.”
“MERS and its partners made the decision to create and operate under a business model that was designed in large part to avoid the requirements of the traditional mortgage-recording process,” Grossman wrote. “The court does not accept the argument that because MERS may be involved with 50 percent of all residential mortgages in the country, that is reason enough for this court to turn a blind eye to the fact that this process does not comply with the law.
“An adverse ruling regarding MERS's authority to assign mortgages or act on behalf of its member/lenders could have a significant impact on MERS and upon the lenders which do business with MERS throughout the United States,” Grossman wrote. “It is up to the legislative branch, if it chooses, to amend the current statutes to confer upon MERS the requisite authority to assign mortgages under its current business practices.”
“Without more, this court finds that MERS's 'nominee' status and the rights bestowed upon MERS within the mortgage itself, are insufficient to empower MERS to effectuate a valid assignment of mortgage,” the judge wrote. “MERS's position that it can be both the mortgagee and an agent of the mortgagee is absurd, at best.”
And with MERS now found to be a fraud, we expect MERS Commercial authority to be likewise eliminated. Which means that the entire US mortgage market, both residential and commercial, is a lie, and built on fraudulent foundations, and that every single MERS-mediated transaction will likely have to be unwound.
In reality what will happen, is that the Banker lobby will have to purchase a few more Appelate Judges, and in the worst case, a SCOTUS dude here and there, appeal the ruling to death, and end up victorious. After all, it is only taxpayer money.
BTFD.
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For a fascinating read on the demographic trends that will shape the future, and which were alluded to in the above article, see:
Long Term Demographic Trends, published by the Central Intelligence Agency
http://famguardian.org/Subjects/Politics/Articles/Demo_Trends-CIA2001.pdf
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Riverway,
Fabulous! Thanks.
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EDITORIAL: This website is prohibited by the member agreement from:
1. Engaging in asset protection or trusts.
2. Dealing with statutory “U.S. citizens” per 8 USC 1401 or “U.S. persons” per 26 USC 7701(a)(30).
3. Making promises or assurances about the effectiveness of anything available on this website.
Hence, we could never become party to an injunction of the sort above. For details, see:
About Us Page, Section 12: Prohibited Activies
http://famguardian.o…try/aboutus.htm
We know Dave Champion, and he isn't saying the things alleged. More FRAUD on the part of a money hungry band of thieves running the government. He isn't so stupid as to say these things.
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No. Sent to us by email.
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Not only are the Chinese counterfeiting American Coin, but they are probably also counterfeiting GOLD coin. Tungsten is so close in density to Gold that it easily passes for gold when plated with gold. Ironically, China is the world's largest Tungsten producer, probably because they use the Tungsten to counterfeit with. See:
Quote:“China produced over 75% of this total in 2000, with most of the remaining production coming from Austria, Bolivia, Portugal, Russia, and Colombia.[20] Significant reserves in nations other than the aforementioned producers exist in the United States (3.2% of the estimated global reserve base), Canada (7.9% of the estimated global reserve base), and North Korea (0.56% of the estimated global reserve base). [21]“Production:
About 37,400 tonnes of tungsten concentrates were produced in the year 2000.[20]
So China produces 75% of 37,400 tons, or 28,500 tons. The total world production of Gold, by contrast, is only about 3000 tons annually.
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They don't have to CALL it penal for it to BE penal. How it BEHAVES establishes what it is. The vehicle code is a franchise, and everything under a franchise that imposes a penalty is PENAL. With penal statutes, there are no injured parties. The case can be dismissed because there is no injured party. It is a malum prohibitum offense, and as such, must be dismissed if you demand proof of an injured party.
Marc Stevens has made a full time business out of using this realization to defend people in traffic court.
Please get the following book. It's already covered and we don't wish to repeat it here.
Defending Your Right to Travel
http://sedm.org/ItemInfo/Ebooks/DefYourRightToTravel/DefYourRightToTravel.htm
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Stone83
The reason they cite the civil and criminal reules is that they are enforcing PENAL provisions of a CIVIL franchise. That makes the proceeding PENAL and not CRIMINAL, or as one city attorney called it: “quasi criminal”. For details, see:
Government Instituted Slavery Using Franchises, Form#05.030, Sections 11 through 11.3
FORMS PAGE: http://sedm.org/Forms/FormIndex.htm
DIRECT LINK: http://sedm.org/Form…/Franchises.pdf
The traffic court is an administrative FRANCHISE court. If you go to jail, it's because yous signed a contract to be warehoused as government property in the human capital warehouse called “jail”.
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See also:
America is Egypt
http://www.veteranstoday.com/2011/01/31/gordon-duff-america-is-egypt/
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GORDON DUFF: AMERICA IS EGYPT
January 31, 2011 posted by Gordon Duff · 146 Comments
“FACE VALUE,” THEY ARE IN THE STREETS FOR ALL OF USBy Gordon Duff STAFF WRITER/Senior Editor
Egypt is a lesson for America, teaching us to look at ourselves, at how free we really are. We are not so different, Egypt under Mubarak and America under what ever gang of financial criminals and foreign thugs is controlling the government today. Egyptians have known thousands of years of slavery. They recognize it when they see it. Slavery, for most Americans, is something new. Americans woke up one day and weren’t so free anymore, maybe not at all. Some didn’t see it coming. Others screamed a warning and were pounded into the ground for it.
Seeing what is going on in Egypt reminds me of how I thought America was going to be. The 60′s were confusing, for those of us who were around then and still have the brain cells left to reminisce. John Kennedy’s America was going to save the world, not so much from Communism but from slavery and dictatorship. Africa had “de-colonialized” and the dictatorships, the banana republics, Franco, Tito, whoever that guy in Korea was, all those oppressive folks were going to be tossed aside and Americans would lead the way, Peace Corps if possible, Special Forces if it came down to it.
We were the guys with democracy to sell and Kennedy had the credibility to pull it off. Then “they” killed him and we got Johnson, the USS Liberty, deeper into Vietnam and, eventually another dead Kennedy, killed to put Nixon in office and end all that foolishness, hope and moral righteousness.
America was going to be about bombing.This is the America we now know but don’t love quite as much as we might. Not everyone is happy about blowing poor people up for money, not everyone but enough are quiet about it so that it can go on year after year.
We all thought the Cold War was a big deal, fighting for the “hearts and minds’ of the poor of the world, democracy vs. communism. All we really sold was slavery, debt and endless dictatorships. Mubarak is one of the hold overs from the Cold War, America’s “place holder” in an Egypt we “won” from Soviet influence. Mubarak’s continued survival into the 21st century was predicated on America’s new game, Islamic extremism, supposedly a “disease” threatening the world, one born in Egypt at the hands of the Muslim brotherhood.
This was to be the new “Cold War,” the fight to protect western civilization from billions of militant extremists ready to blow themselves up at a second to earn their way to martyrdom and paradise. I am now ready to rethink the Cold War, may be it was as phony as this one too. Vietnam certainly was and I know that one “up front and personal.”
Every time we find a suicide bomber or a terror cell, the money behind it seems to trace back to an insurance company tied to the FBI, CIA, RAW, Mossad or some other handler. In fact, 99.99% of terrorism seems to be aimed AT Muslims.
If there really is a “clash of civilizations,” it is between human beings and the monsters our press never reports but we all know are out there. Monsters? What do you call people who, not only profit from war and terrorism but make sure it happens even if they have to hire the terrorists themselves as we see with 9/11, or as any sane person sees with 9/11 anyway.
If America wasn’t in Afghanistan, there wouldn’t be a war in Afghanistan. There wouldn’t be a war in Pakistan either for that matter.
Think about Smedley Butler, so many years ago, ‘War is a Racket.’ This had to be the smartest man in the world. If you don’t know Butler, take a moment, open a browser and do a search. Read that. If you don’t ever come back here to finish this, you are forgiven. If you believe war is about security or honor or patriotism, read Butler several times until you know nothing else.
If you think there were ‘clean’ wars, I suggest you read David Irving’s biography of Winston Churchill. This link I will supply as this isn’t a simple search. Irving is, perhaps, the best researcher on World War II around, if anything too good. When Churchill turned out to be mostly alcohol and “hot air,” Irving made some folks mad. When everything we know about Hitler came into doubt also, Irving, a best selling author, was blacklisted and later imprisoned. He is a “truth teller.”
The point? There are no clean wars, there were no clean wars, war is a racket and people who make war do so to keep mankind enslaved. The people of Egypt are out there, being what Americans ought to be, should have been when elections were stolen, should have been when Kennedy was killed and we had that outrageous “lone gunman” story foisted on us, should have been when the cover story for 9/11 fell apart. With a clear majority of Americans believing that our own government murdered thousands of people in order to get American into a war, years of demonstrations still don’t get 300 people in the streets. The families of the dead have to buy TV commercials.
Our failure to speak up is far worse than simply burning the flag.
Since this commercial hit, national television broke the 9/11 conspiracy wide open but it is Egyptians standing up, perhaps even for us. We can’t speak, not here in America. Even writing this borders on a violation of our new laws. Not even congress read them, even when they passed them. Half the things you say to your neighbors during the Super Bowl are considered “terrorism” now and you can be locked up for life without a trial, your lawyer jailed with you. This is how it is in Egypt, this is also how it has become in the United States.
Egyptians, by the millions, have hit the streets to bring down 30 years of a government that wasn’t hated 30 years ago, not by so many. 30 years is a long time, trading stability and security for freedom, and getting neither. 30 years of Mubarak
America is ten years into the same cycle, patriot acts, habeas corpus gone, a Department of Homeland Security, demonstrations only allowed in “free speech zones.”
I so envy the people of Egypt and the pride they are feeling, no matter how this ends. They stood on their feet, something the people of America have failed at since the early 1970s. I don’t count the Tea Party, with its financing from billionaires and its love of war and the frightening ambivalence it has shown for the real constitution, real American rights, real American freedoms.
What good are guns when those who have them watch censored news all day and have become little more than an informal militia for the corporate thugs?
Ever see a gun owner at an anti-war rally? What good are guns when gun owners care nothing for real freedoms? All the guns in Egypt are with the police and army and its Egypt standing up for our freedoms. Few Americans seem to care. Maybe its too cold outside.
Few in America were aware that Egypt was part of a political nexus in the Middle East, Israel, Egypt, Saudi Arabia, the United States and several more, more “regimes’ than governments with Israel alone maintaining the appearance of democracy, only at the hands of a controlled press and censored news in the US. It was Egypt that stood erect and declared their manhood.
I so envy the people of Egypt and the pride they are feeling,no matter how this ends.
What could be at the end of the road, well, it could be democracy, a word seldom used in America, not anymore. That ship has sailed, Americans talk about being a republic, accept rigged elections, defacto foreign rule, multi-national corporations, powerful foreign lobbies and a government of cowards and bunglers who pander to the weak and fearful.
Almost all Americans have written America off, declared it bankrupt, bereft of money for sure, drowning in debt, owing money that never existed to those that don’t deserve it.
That 15 trillion dollars of debt makes all Americans indentured servants, slaves now as our generations to follow will also be. Americans still work, they toil, those with jobs, Americans dream and Americans sacrifice. What Americans don’t do, not anymore, is enjoy the fruits of their labor. America is a land of petty criminals, small time con-men, not petty in theft but small of mind, body and spirit. Listen to the radio, read the job ads in the paper. Everything is a scam. America is a nation of scamsters.
(VIDEO: ALAN GRAYSON…NOW TOSSED OUT OF CONGRESS…GUESS WHY…ASKS WHERE A TRILLION DOLLARS WENT…)
All those guns, all that power and there is no nation on earth as victimized as America, no people who have lost as much, no people forced to endure as much as Americans, with our cheap food and our world class medical care for the rich. Try getting a kidney transplant by showing up at an emergency room. No advanced medical care is available for people that don’t have an “adequate support system.”
That means, if you aren’t rich, you die. You should see the level of health care we give our veterans. As a totally disabled combat vet, I have heard “you don’t qualify for that” or “we don’t pay for that” or ‘that medication isn’t available for veterans” so many times that trying to get health care is a joke. Now our new “Tea Party” congress is planning to cut medical care and benefits for veterans even more. Good luck with that.
We expected it. Whenever there is flag waving and speeches, we know a truckload of manure is coming. Speaking for America’s veterans, which I actually do, I thank those of you who supported the politicians who have turned on those who gave so much to defend their country. You say you were too busy worrying about “Obamacare” to think about veterans and our military? They’re only starting with us, veterans are always an easy target. They have plans for the rest of you. Watch gas prices rise, health care standards plunge, watch criminals of every kind operate with “Madoff” impunity, just as they did during the Bush years.
Thanks. We will remember you for this.
A decade after Americans watched the TV spectacular of the century, more a Las Vegas magic act, disappearing buildings, destroyed lives and a nation’s descent into lies and dishonor, 9/11 is the watershed for America’s decline.
It started. We were told to be afraid and given reason. Airline hijackings had been a reality for decades, we thought our government could handle it. Were told there were still sky marshals, and the world’s largest air force could intercept an airliner in a few moments, just take an F 15 to afterburner, 1700 miles per hour plus, just like chasing a moped with a Ferrari, one with a NORAD navigation system.
But we learned NORAD didn’t exist, not that day and we didn’t really have an air force either. They were gone, maybe on vacation with the sky marshals, Bermuda or maybe Tel Aviv? We were told we were defenseless and they were right, we were defenseless, but against whom?
Americans buy guns because they feel defenseless and are frightened to death of their own government. This is how things have been in Egypt for a long time and they don’t have guns.
Ten years later, I know how the people of Egypt feel because I feel the same way, oppressed by a government that has made a sham out of elections, a government that cares nothing about people or laws, one that only serves the pack of criminals crawling the sewers of Washington DC. Turn an ear that direction? Do you hear them slithering?
I wonder how many Americans are feeling what I feel.
In the last ten years, the right to own guns has become more important than ever. Do you ever wonder why?
Do you know what most American gun owners think? I can tell you. They think about how they are going to die with a gun in their hand and how it is going to go down;
Millions of Americans are thinking the same thing. They expect to see the black vans on their street, blue and red lights blinking, doors opening, a lethal cargo of faceless automatons, riot shields, submachine guns, SWAT types.What will it take, use the shotgun? No real American trusts a 9mm anymore. Do you have any idea how many gun owners have searched the web looking for rounds that will penetrate body armor?
American gun owners, millions of them, expect to die at the hands of their government.
How they see it coming down? Laws will be passed legalizing illegal immigrants. Then speaking up with be consider “hate speech.” The more controlling and oppressive the government becomes, perhaps even worse than it is now, the more need it will have to end free expression, end free thought and control all communication, even worse than it is today.
It is very bad today, don’t fool yourself. If you are getting your news from “the news” and many still are, it will be a big surprise. For others, it will be expected, in fact, millions expect it now.
Will it be “liberals” or “conservatives?” Millions worry about that too. Problem is, those telling them to worry about liberals and conservatives are the ones plotting.
Do this, imagine, not just big cities, but small towns, all across America. Imagine everyone hitting the street, not just socialists, or “gun nuts” or anti-government fanatics but regular people, sick and tired of feeling powerless, feeling duped. Imagine reaching for your coat, wanting to see what it is all about and the hope that it might just be possible to undo, to pull it all down.
Imagine hitting the streets, all Americans, not out of hate but out of love for America. Imagine finding that all those things you believed made us different no longer mattered. What if everyone wanted to live in a free country, to live in peace, to want only to work hard and earn their own way.
What if we all got sick and tired of being slaves. You say you aren’t a slave?
Funny, America doesn’t seem like a country run by a free people, in fact, I can’t say I have heard anyone crazy enough to say that in years.
Free, in America, means you one of the lucky few not to be in prison, millions are, or on probation of some kind. 20 million Americans have some kind of problem with the law. Millions of Americans learned that if you have a mortgage on your home, you own nothing.
Americans are prisoners, living from paycheck to paycheck or unemployment check to unemployment check or, as with so many, wondering where food or shelter is going to come from, how their kids are going to live. Some Americans, many Americans are actually facing starvation today. You don’t think so?
Look down your block. How many people there haven’t paid car insurance? How many are behind in rent or house payments? How many are buried in credit card debt?
You think this was an accident? When trillions of dollars left America, and it did, half of America’s money went overseas during the last 10 years, you are now living through the aftermath. The equity in your home, gone, what was equity is now debt. You can’t move, you can’t sell, you have nothing. Slavery.
Americans have had their wages cut each years since Reagan got into office. Our standard of living has lowered each years since then after 200 years of meteoric rise. The stock markets increased 10 fold in value and Americans made less, and became poorer. Few Americans own anything at all, a house, a car, even decent clothing.
This was the game all along. You don’t think you are a slave? Try being independent. “They” will give you two choices, live under a bridge or in prison.
People of Egypt, thank you for reminding us.
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The procedures for dealing with IRS form 1099-R:
1. Retirement Account Application Permanent Amendment Notice, Form #04.217- Use this form to: 1. Update your original retirement account application; 2. Remove identifying numbers; 3. Document duress against those making withdrawals; 4. Prevent withholding or information return reporting. Send BEFORE withdrawing the proceeds.
DIRECT LINK: http://sedm.org/foru…_download&id=16
2. IRA Closure Request: Nontaxpayer, Form #04.216-Use this form only AFTER you have completed up to step 14 of our Path to Freedom, Section 2. It empties your account without reporting or withholding.
DIRECT LINK: http://sedm.org/foru…_download&id=15
3. Correcting Erroneous IRS Form 1099, Form #04.005 (Form 1099-R is a 1099 form)-how to correct the false 1099 AFTER it is filed.
DIRECT LINK: http://sedm.org/Form…IRSForm1099.htm
FORMS PAGE: http://sedm.org/Forms/FormIndex.htm
As far as who the Demand For Verified Evidence of Lawful Federal Tax Assessment, Form #07.304, the receiving party is obviously the IRS. You ask the following questions:
1. What would be the Notice Number? OMB 1545-0119 2010 Form 1099-R?
ANSWER: The notice would be the ASSESSMENT notice number such as LTR531, LTR3219, etc.
2. What would be the Originating agency? Ex private employer or company that issued the 1099?
ANSWER: The agency person and name within the IRS that sent the assessment notice.
Form #04.005 is NOT used for correcting information returns. You may have this form confused with:
Demand for Verified Evidence of “Trade or Business” Activity: Information Return, Form #04.007
DIRECT LINK: http://sedm.org/Form…Business-IR.pdf
Form #04.007 is what would be sent to the SUBMITTER of the false information return.
Your question does NOT conform with the requirements for asking questions. We went back and edited your post to remove the words “should” or “I”. In the future, please be MUCH more careful how you ask questions because we aren't allowed to give legal advice and this post CANNOT be interpreted as legal advice.
Guide to Asking Questions, Form #09.017
DIRECT LINK: http://sedm.org/Memb…ngQuestions.htm (OFFSITE LINK)
In general, the forms to use in any given situation are described in the following, which should be read in the entirety and consulted before posting questions of this nature in these forums:
Path to Freedom, Form #09.015
DIRECT LINK: http://sedm.org/Form…thToFreedom.pdf
FORMS PAGE: http://sedm.org/Forms/FormIndex.htm
In the future, please consult form #09.017, section 2, and go through the entire list BEFORE posting questions to these forums. Due diligence is mandatory. We aren't here to reward people who refuse to take responsibility for governing their own lives to the fullest extent possible.
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Los Alamos scientists: TSA scanners will kill you!
Saturday, December 11, 2010 8:25
Like hundreds of thousands of bleeding sheep, milling people at urban airports are being herded through machines that drench them with deadly back scatter terahertz radiation.
And like ignorant sheep they're being meekly led to slaughter.
Unsuspecting airline traveler in the TSA 'death' chamber
Now scientists at the Center for Nonlinear Studies at Los Alamos National Laboratory in New Mexico have discovered shocking evidence that the radiation generated by TSA scanners is unzipping–literally tearing apart–human DNA.
So the question becomes what is more dangerous: ragtag terrorists that threaten to kill several thousands, or unhinged governments that meet the threat by potentially killing millions of its own citizens with deadly security devices?
Boian Alexandrov at the Center for Nonlinear Studies at Los Alamos National Laboratory in New Mexico recently published an abstract with colleagues, DNA Breathing Dynamics in the Presence of a Terahertz Field that reveals very disturbing–even shocking evidence –that the THz waves generated by the TSA scanners is significantly damaging the DNA of the people being directed through the machines and the TSA workers that are in close proximity to the scanners throughout their workday.
What Alexandrov and his team discovered is that the resonant effects of the THz waves bombarding humans unzips the double-stranded DNA molecule. The ripping apart of the twisted chain of DNA creates bubbles between the genes that interfere with the processes of life itself.
IMPORTANT: If you have family members or friends that travel by air–especially frequent fliers–do them a favor and email them the URL of the entire article below. It has links to the scientific paper and other pertinent articles. It might just save their lives…
— > http://www.helium.com/items/2037343-tsa-terahertz-scanners-tear-apart-human-dna
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http://articles.merc…ers-update.aspx
Video and commentary on TSA and Full Body Scanners at airports. If you travel, you will want to see this.
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Here's how protesters in Egypt are dealing with the government internet kill swich:
Protesters Jury-Rigging Workarounds for Egypt's Internet 'Kill Switch'
[url url=”http://www.technewsw…itch-71754.html”]http://www.technewsw…itch-71754.html[/url]
Egyptian Government Executes Nationwide Internet Blockade