L. Randall Wray: Anatomy of Mortgage Fraud, Part I: MERS's Smoking Gun
L. Randall Wray: Anatomy of Mortgage Fraud, Part II: The Mother of All Frauds
To recap, MERS's own documents demonstrate beyond question:
- The notes were never transferred, as required by Federal and NY state law, to the trustees of the REMICs;
- At best, the notes were retained by the mortgage servicers as directed by MERS (many never left the mortgage brokers, many of whom are now bankrupt);
- MERS claims to own the notes and therefore the mortgages to speed foreclosure;
- Actually, MERS does not hold the notes, which are held by servicers, but MERS instead “deputizes” employees of the servicers so that it can claim notes are transferred “in house” to avoid paying recording fees as well as avoiding maintenance of clear chains of title;
- On foreclosure, the documents are “disappeared” because they demonstrate the notes were never endorsed and transferred as required by law, with MERS and the servicers filing “lost note affidavits” to dupe the judges into allowing illegal foreclosures to proceed and to dupe securities holders so that they do not demand restitution;
- Servicers ensure homeowners default, as they “lose” mortgage payments, credit them to the wrong accounts, or helpfully recommend to homeowners that they stop making payments–all of this is to speed foreclosure to ensure securities holders do not realize they have been duped as they are paid pennies on the dollar for toxic securities;
- This also ensures that the investment banks that originated the toxic securities win their credit default swap bets they placed against the homeowners, with favored hedge fund managers like Paulson also winning CDO bets on failures;
- The faster the foreclosures can be processed through manufacture of fraudulent documents by Robo-signers, the lower the chance that MERS and all of its clients will be brought to justice.
Phi Beta Iota: The US Government is perpetuating fraud by refusing to confront the now-documented fraud across all mortgage services. This should be the central issue in public discourse today.