December 2021
HISTORY OF MERS
01/12/21 10:49
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RECITLES: Directly from Case No. 2:14-cv-00177-RFB-GWF: Harkey V. US Bank Et Al. The "MERS-LPS Racketeering Enterprise"
The history of the use of the name “Mortgage Electronic Registration Systems, Inc.” is set forth below: a. The first entity organized as MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. (MERS I) was registered with the State of Delaware Division of Corporations in 1995 as File No. 2543543. b. MERS I registered the service mark, MERS®, with the United States Trademark and Patent Office on July 29, 1997. c. On June 30, 1998, “MERS I,” created a second corporation with the name NEW MERS, Inc., retained the name of Mortgage Electronic Registration Systems, Inc. (MERS II) for a period of six (6) months and MERS I, the 1995 entity, Delaware File No. 2543543) ceased to exist. d. The only corporate resolution identified as having be made by which Signing Officers could be appointed by then-MERS I corporate secretary William C. Hultman was reportedly made on April 9, 1998, before MERS I ceased to exist. (See : April 7, 2010 Deposition of William Hultman at T. 24:22-T:25-4.) e. According to the sworn testimony of William C. Hultman, the original signed and executed corporate resolution had not been located as of April 7, 2010.. f. At his April 7, 2010 Deposition, it appeared that the oldest known surviving copy ofthe April 9, 1998 resolution of the Board of Directors of MERS I by which Hultman appoints Signing Officers for MERSCORP in the name of MERS III is dated December 20, 2002, more than four and one half years (4ó years) after the corporation which made the resolution ceased to exist.. g. In December of 1998, MERS II, filed a Certificate of Amendment with the State of Delaware to change its name to MERSCORP, Inc. effective January 1, 1999 as Delaware Division of Corporations File No. 2915165. h. Effective January 1, 1999 MERSCORP, Inc. created yet another company known as “Mortgage Electronic Registration System, Inc.” (MERS III) under Delaware Division of Corporations File No. 2990193. i. According to the sworn testimony of William C. Hultman, former Secretary of MERSCORP the current iteration of Mortgage Electronic Registration Systems, Inc. (designated herein as MERS III) was formed as a “bankruptcy remote”entity at the behest of “ratings agencies.”
j. MERS III has no employees. (Hultman Deposition T. 72:8, 107:15-23, 117:5- 13; 118:1-6.) k. Upon information and belief, MERS III reports no income and has no income. j. The name Mortgage Electronic Registration Systems, Inc. which appears in over 62 Million Mortgages and Deeds of Trust throughout this nation actually the former name of MERSCORP and it is MERSCORP which has the “members,” owns operates the electronic tracking system registered as MERS® (purporting to be an alternative to the public records system), enters into contracts with its “members,” and establishes the Rules under which the MERS® System operations. m. When MERSCORP created MERS III at the behest of the ratings agencies who were rating the mortgage backed securities sold by MERSCORP’s “members” and the other participants in what has been identified as the MERS®- LPS Racketeering Enterprise, MERSCORP pretended that MERS III would function in the same capacities as MERSCORP had previously functioned under the name of Mortgage Electronic Registration Systems, Inc., which was as a “common agent” for MERCORP’s “members.”
n. MERS III, as a “bankruptcy remote,” shell corporation with no employees and, therefore, no human intelligence, and having no “members,” is legally incapable of acting as an agent or a “common agent” for members of MERSCORP. o. In order for the vaunted “common agency” to be effective, MERSCORP would have to be the named agent appearing in the Mortgages and Deeds of Trust and all “trades”would have to be conducted between “members” of MERSCORP. p. As will be demonstrated herein, the unregistered and unregulated securities deals and trades conducted behind the veil of MERSCORP, masquerading as Mortgage Electronic Registration Systems, Inc. in its third iteration, as MERS III, are not even supervised by MERSCORP for compliance with its own “Rules” purporting to create the common agency, by which millions of homes have been liquidated upon claimed defaults which did not actually occur q. The claimed “defaults” were almost always covered by mortgage insurance, credit default swaps and funds made available by Congress through the Troubled Asset Relief Program (TARP) funds, along with the Quantitative Easing (QE) programs (QE I, QE 2 and QE 3) operated by the Federal Reserve System, and were paid multiple times upon purported defaults engineered by CREDIT SUISSE and other members of the US Dollar LIBOR Panel in order to collect on multiple secondary payment systems established at the time of the unregistered securities offerings. r. The proceeds of the ultimate foreclosure liquidations of United States homes under the MERS®-LPS RACKETEERING ENTERPRISE, in excess of the payments obtained from private mortgage insurance, unsubrogated credit default swaps, TARP funds, and QE payments are paid to the “servicers” who initiated the foreclosure process to obtain the bonus payment for liquidating this nation’s homes for defaults already cured by multiple payments.
- The above is an example of the Structured Money Laundering Chart used within this typically be found within the Trusts Prospectus. This example is HSBC TRUSTEE OF THE Deutsch Alt-A Securities, Inc Mortgage Loan Trust,Mortgage Pass-Through Certificates Series 2007-OA4
RECITLES: Directly from Case No. 2:14-cv-00177-RFB-GWF: Harkey V. US Bank Et Al. The "MERS-LPS Racketeering Enterprise"
The history of the use of the name “Mortgage Electronic Registration Systems, Inc.” is set forth below: a. The first entity organized as MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. (MERS I) was registered with the State of Delaware Division of Corporations in 1995 as File No. 2543543. b. MERS I registered the service mark, MERS®, with the United States Trademark and Patent Office on July 29, 1997. c. On June 30, 1998, “MERS I,” created a second corporation with the name NEW MERS, Inc., retained the name of Mortgage Electronic Registration Systems, Inc. (MERS II) for a period of six (6) months and MERS I, the 1995 entity, Delaware File No. 2543543) ceased to exist. d. The only corporate resolution identified as having be made by which Signing Officers could be appointed by then-MERS I corporate secretary William C. Hultman was reportedly made on April 9, 1998, before MERS I ceased to exist. (See : April 7, 2010 Deposition of William Hultman at T. 24:22-T:25-4.) e. According to the sworn testimony of William C. Hultman, the original signed and executed corporate resolution had not been located as of April 7, 2010.. f. At his April 7, 2010 Deposition, it appeared that the oldest known surviving copy ofthe April 9, 1998 resolution of the Board of Directors of MERS I by which Hultman appoints Signing Officers for MERSCORP in the name of MERS III is dated December 20, 2002, more than four and one half years (4ó years) after the corporation which made the resolution ceased to exist.. g. In December of 1998, MERS II, filed a Certificate of Amendment with the State of Delaware to change its name to MERSCORP, Inc. effective January 1, 1999 as Delaware Division of Corporations File No. 2915165. h. Effective January 1, 1999 MERSCORP, Inc. created yet another company known as “Mortgage Electronic Registration System, Inc.” (MERS III) under Delaware Division of Corporations File No. 2990193. i. According to the sworn testimony of William C. Hultman, former Secretary of MERSCORP the current iteration of Mortgage Electronic Registration Systems, Inc. (designated herein as MERS III) was formed as a “bankruptcy remote”entity at the behest of “ratings agencies.”
j. MERS III has no employees. (Hultman Deposition T. 72:8, 107:15-23, 117:5- 13; 118:1-6.) k. Upon information and belief, MERS III reports no income and has no income. j. The name Mortgage Electronic Registration Systems, Inc. which appears in over 62 Million Mortgages and Deeds of Trust throughout this nation actually the former name of MERSCORP and it is MERSCORP which has the “members,” owns operates the electronic tracking system registered as MERS® (purporting to be an alternative to the public records system), enters into contracts with its “members,” and establishes the Rules under which the MERS® System operations. m. When MERSCORP created MERS III at the behest of the ratings agencies who were rating the mortgage backed securities sold by MERSCORP’s “members” and the other participants in what has been identified as the MERS®- LPS Racketeering Enterprise, MERSCORP pretended that MERS III would function in the same capacities as MERSCORP had previously functioned under the name of Mortgage Electronic Registration Systems, Inc., which was as a “common agent” for MERCORP’s “members.”
n. MERS III, as a “bankruptcy remote,” shell corporation with no employees and, therefore, no human intelligence, and having no “members,” is legally incapable of acting as an agent or a “common agent” for members of MERSCORP. o. In order for the vaunted “common agency” to be effective, MERSCORP would have to be the named agent appearing in the Mortgages and Deeds of Trust and all “trades”would have to be conducted between “members” of MERSCORP. p. As will be demonstrated herein, the unregistered and unregulated securities deals and trades conducted behind the veil of MERSCORP, masquerading as Mortgage Electronic Registration Systems, Inc. in its third iteration, as MERS III, are not even supervised by MERSCORP for compliance with its own “Rules” purporting to create the common agency, by which millions of homes have been liquidated upon claimed defaults which did not actually occur q. The claimed “defaults” were almost always covered by mortgage insurance, credit default swaps and funds made available by Congress through the Troubled Asset Relief Program (TARP) funds, along with the Quantitative Easing (QE) programs (QE I, QE 2 and QE 3) operated by the Federal Reserve System, and were paid multiple times upon purported defaults engineered by CREDIT SUISSE and other members of the US Dollar LIBOR Panel in order to collect on multiple secondary payment systems established at the time of the unregistered securities offerings. r. The proceeds of the ultimate foreclosure liquidations of United States homes under the MERS®-LPS RACKETEERING ENTERPRISE, in excess of the payments obtained from private mortgage insurance, unsubrogated credit default swaps, TARP funds, and QE payments are paid to the “servicers” who initiated the foreclosure process to obtain the bonus payment for liquidating this nation’s homes for defaults already cured by multiple payments.
- 1. The service mark MERS® is registered with the United States Patent and Trademark Office to MERSCORP, which owns and operates the MERS® database.
- 2. MERSCORP purports to use the name of MERS III in various capacities in an attempt to combine the for-profit, income-producing MERSCORP, the “bankruptcy remote” entity known as MERS III and the computer database which bears the service mark of MERS® under the single acronym of “MERS,” thereby obscuring the separate identities and functions of MERSCORP and MERS III and MERSCORP’s ownership and operation of the MERS® database.
- 3. MERSCORP conceals its ownership of the MERS® database in order to obscure the operation of the MERS®-LPS RACKETEERING ENTERPRISE (hereinafter, from time to time, the ENTERPRISE) described herein, controlled and directed by MERSCORP, its “members” and associated entities involved in the unregulated purchase and sale of unregistered securities by unlicensed securities dealers which profit from the operation of the ENTERPRISE.
- 4. MERS III (the third iteration of Mortgage Electronic Registration Systems, Inc.) is a “bankruptcy-remote,” name-only, shell corporation and has no “members.”
- 5. MERSCORP has instructed its “members” to “appoint” their employees as officers of Mortgage Electronic Registration Systems, Inc., so that employees of MERSCORP’s “members” are able to pretend to have the authority to transfer mortgagee interests associated with Notes and Mortgages or Deeds of Trust (collateral documents) taken from homeowners under the false pretense that the homeowners had obtained conventional mortgage loans when collateral documents were purchased at the pretend mortgage loan closing for re-sale by unlicensed securities dealers, falsely identified as “loan originators.”
- 6. The use of the name “Mortgage Electronic Registration Systems, Inc.” has been sold by MERSCORP to its “members” for purposes of concealing the transactions involved in the “securitization” process from homeowners, their counsel, County Recorders and Registers of Deeds (and other public recording officials), the public, and the courts of this nation, so that a web of transactions thus concealed prevents anyone, except the participants in the scheme at the highest levels of the operation, from ascertaining the real parties in interest who profit from the unregistered securities transactions.
- 7. The unregistered securities transactions are obscured by the purported “nomination”of a name-only, shell corporation (MERS III) as “agent” for the “members” of MERSCORP and their affiliated entities.
- 8. MERSCORP, its “members,” and an indecipherable, incomprehensible and incoherent series of agencies, assignees and successors in interest benefit from the effective concealment and confusion of the transactions which involve unregistered securities trades, derivative products and insurance claims to the detriment of this nations’ homeowners, the public and courts, who can no longer rely on the validity of public land title records to establish the interests in this nation’s lands.
- 9. The MERSCORP “membership” scheme has been an essential element of the MERS®-LPS RACKETEERING ENTERPRISE described herein in which MERSCORP allows its “members,” their agents and affiliated entities to falsely represent to courts throughout the nation that MERS III, a “bankruptcy-remote,” name-only corporation, having no employees and, upon information and belief, no income or assets (by definition, a “shell” corporation), is the “common agent” for MERSCORP “members.”
- 10. The scheme operated by MERSCORP purports to avoid the necessary evidence of lawful authorization to take a wide variety of actions on behalf of its “members” and third parties, many of which never existed as de jure entities or associations, or ceased to exist prior to the actions being taken.