Secured Instrument

Word crafting at its finest?

What the men of MERS claim is so damn convincing everyone believe their lies. Many MERS representatives make claim the the deed of trust is the "secured instrument", and many drink the Kool-aid. They rely on your ignorance.

As law reflects, MERS is governed by ESIGN, NOT Article 9 as MERS member would lead everyone to believe. You fall for it, they love your ignorance. They even laugh at your ignorance. They have parties to celebrate their victories over you ignorance. They make money from your ignorance. When will you wake up? When will you stop being intoxicated by their lies?

They even tell you what they are doing and you still don't catch it. Is it because you thought they were speaking of the same thing you are thinking about? Hell no. Wake up.

The first thing anyone who is dealing with the banks that think they are too big to fail, is sit down and define practically every word they tell you. You have that right. If you don't understand or think you know, you have the right to ensure the both of you are on the "same page". If mortgage is mentioned, what mortgage is being referred to? Is it the personal property mortgage registered on the MERS system or is the mortgage they claim you have? IF you don't know who these people are because they were not the original lender, why do you freely provide your information? Why do you spill your guts? Yes, you know you initially entered into a contract, but that contract is between you and the other party, not some 3rd party coming and claiming you owe them. That is like a zombie debt collector attempting to suck blood from you when according to law, it was written off by "creditor" who sold the information to the "debt collector". Why do you think you owe them, if the real deal did not pursue a claim?

They truly love your guilt. They know you will fear them and make wrong decisions, that is their plan. They use men in robes to further the crime, all the while, turning a blind eye to the fact that reason is being committed. It is not about the individual, it is about the whole country. You should understand, if you have not already witnessed the act, you are considered an "isolated" incident when it comes to complaining to a state or federal agency about this isolated incident occurring on you.

What is a Secured Instrument?

According to Stephen C. Porter of Barrett Daffin Frappier Turner & Engel; and Robert Brochin of Morgan Lewis; the note follows the mortgage, meaning the deed of trust is the instrument secured by a promissory note.

What this refers to is one, of two things, in the MERS eRegistry, is the deed of trust secured by an eNote, or is an eNote secured by a deed of trust? That is the only possible way for their theory to work when it comes to MERS and its members. Even though Article 9 is excluded from E-SIGN, in order create a security interest in something, Section 9-203(b) UCC provides the requirements;  

a. The secured party must give value;
b. The debtor must have rights in the collateral; and
c. The debtor has authenticated (e.g., signed) a security agreement.

Was the deed of trust attached to the eNote? The eNote refers to a value; the account debtor claims it has rights to the alleged underlying collateral, and the account debtor allegedly authenticated a security agreement.

If the deed of trust was attached to the eNote, what happened to the physical Note originally signed by the homeowner? You realize it is the deed of trust being sold through the MERS system, not the physical note. That is why Porter and Brochin make the statement they make. They realize you are a bit ignorant and think they are speaking of age old way of "doing things".

 How did Article 9 become a governing law for E-SIGN?

How is a physical instrument, like the deed of trust, created, attached to an eNote, and perfected according to Article 9, or recordation laws of the several states?

Try this;  take a piece of paper and attempt to put that piece of paper into your computer? Can you do it? Attempting to put the paper into the computer is all you can do; you can't successfully put the physical paper into the computer and attach it to another document on the computer hard disk, unless you scan the paper first and then merge it into that computer document.

According to Article 3 of the uniform commercials code, provisions are made for the creation, negotiation and transfer of the physical Note, E-SIGN has provisions for controlling, assigning, and transferring transferable records.

Don't let crafted words deceive you.

If you are still a bit confused, it may be that you feel, or think that MERS is just a tracking system? Yes it is. That is why you are confused about all of this. It was designed that way.

Even though the MERS member may track the alleged real property mortgage on the MERS personal property registry, every law governing the underlying collateral; the original Note and Deed of Trust still must be complied with. For the Note, Article 3 of the uniform commercial code. For the deed of trust, the law of contract, and local laws of jurisdiction, to name a few.

underlying collateral, what is it?

Let's break it down with definitions;

  1. present participle of underlie.


lie or be situated under (something).
                be the cause or basis of (something)
  1. something pledged as security for repayment of a loan, to be forfeited in the event of a default

So, the underlying collateral is the original promissory note secured by the deed of trust, a security instrument, allegedly attached and originally perfected by the originating lender. When the "lender", an account debtor, allegedly registered the "originals" in the MERS system, there must be incidents where the intangible is being assigned, transfer or sold. For each movement of the MERS transferable record, there must be, according to law, movement of the underlying collateral. Fro each incident of the underlying collateral, there must be, according to law, incidents, meeting the requirements of the governing laws for the underlying collateral. It is simple, but because of the age of electronics, these criminals began to "transfer" faster than the law allowed. That is the problem.

All of this is explained in detail in many articles and charts found on this website.