To the Scribes
Read, learn, and understand.
NEW - Fraud Upon the Court.
Question? If a person like Stephen C. Porter has "documents" recorded into public records in 2015 with a return address to Barrett Daffin....., is that an ineligible instrument? Mr. Porter does not work at Barrett Daffin? I am only asking a question.
Maybe you should read this first? It explains how the county clerk unknowingly became judge, jury, and executioner to many homeowners dreams, and all at their expense. It was designed that way.
Power of Attorney?
SUBCHAPTER D. RECORDING DURABLE POWER OF ATTORNEY FOR CERTAIN REAL PROPERTY TRANSACTIONS
Sec. 751.151. RECORDING FOR REAL
PROPERTY TRANSACTIONS REQUIRING EXECUTION AND DELIVERY OF INSTRUMENTS. A
durable power of attorney for a real property transaction requiring the
execution and delivery of an instrument that is to be recorded,
including a release, assignment, satisfaction, mortgage, security
agreement, deed of trust, encumbrance, deed of conveyance, oil, gas, or
other mineral lease, memorandum of a lease, lien, or other claim or
right to real property, must be recorded in the office of the county
clerk of the county in which the property is located not later than the
30th day after the date the instrument is filed for recording.
Added by Acts 2011, 82nd Leg., R.S., Ch. 823 (H.B. 2759), Sec. 1.01, eff. January 1, 2014.
Amended by: Acts 2015, 84th Leg., R.S., Ch. 808 (H.B. 3316), Sec. 1, eff. September 1, 2015.
I feel for you. You've got a county full of records that should have never been recorded, yet you were only doing your job. I'll be back to help you understand what is being recorded into public records you are held accountable for. I know you have a great deal of power provided to you through governmental laws. If you understand, you will be able to provide better judgment of what is being recorded into your county records, when it come to MERS.
I've seen they way publically recorded MERS documents continually change to keep you from catching on to the fraud. Keep your faith, you will soon know how to better protect your records from electronic terrorists.
And, has anyone asked MERS if they would accurately define itself, under oath, and provide the laws that govern MERS which define the borrower "relationship" with MERS, which MERS alludes to in a deed of trust?
Or, can MERS answer, under oath, how the mortgage stays in MERS name, while the alleged note is sold, assigned, or transferred, and what supporting law governs for those type transactions.
If you chose to ignore the seriousness of this situation, you'll only have to explain it others later. You didn't work this hard, to get this far, to be tarnished by deceivers?
I know confusion exists with electronic filings. If there was not a confusion, clerks would not be allowing certain documents to be recorded into public records. Because they would know those certain MERS instruments belong to the account debtor and creditor. The clerk would realize that for the account debtor to "secure" its "pledged collateral" to the creditor, the creditor and account debtor would record another instrument related to the deed of trust into public records, in the same fashion. The original deed of trust was paper and not a copy, and not an image of the original.
Electronically sending a deed of trust or other lien, does not evidence the deed of trust or other lien, it is evidence that a copy, or scan, was allegedly made of the original deed of trust or other lien.
Electronic transfer laws are pretty plain. What you can, and what you can't.
And what about this? Since the deed of trust was recorded, and MERS claims a relationship with the borrower, should there be an "agreement" recorded also that show where MERS and the borrower agreed to use MERS? The borrower was supposed to understand and "agreed" to use MERS? I know, you probably can't approach that, but it is something to think about? After all, MERS members record assignments, and nobody knows if they even have an "agreement" between the identified parties or not.
You really should understand. You might realize that "evaded filing fees" is a big factor in increasing taxes in a county. But as you will find, the state is losing monies also.
Have you read the latest petition from a homeowner who after many years of trying to prove Bank of America was not a proper party, that the banks agents provided evidence of an unrecorded assignment allegedly to Ginnie Mae, yet the "assignment was never recorded per Texas Property Code §51.008? You do realize the VA, FHA are other governmental agencies, right? MERS members are avoiding filing fees. Read the petition.
NEW - Yale Law Review; Read it because maybe you listen to law professors?
You've got the power to get attention.
How about this Tennessee Supreme Court opinion?
The High Court state; "In Tennessee, securitizing a note does not sever the note from the deed of trust. Under Tennessee law, the deed of trust follows the note. Whoever holds the note owns the deed. Thompson, 773 F.3d at 749." Of course, this is not what Stephen C Porter, of Barrett Daffin Frappier Turner & Engel, or Robert Brochin of Morgan Lewis would state. They claim the opposite.