Received Via E Mail
Written By Joseph Eearnest
Written in report of action taken by Mr. Eric Schneiderman, New York State Attorney General (Not written by Eric Schneiderman)
MERS often splits the Note from the Deed in violation of (Carpenter v.
Longan), creating an unsecured debt obligation because one entity holds
the Note while MERS holds the Deed of Trust, even though MERS is not a
creditor nor does its name appear on the Notes secured by such Deeds.
When the Note is bifurcated from the Deed, it means a lien was never
perfected; therefore neither the holder of the Note nor the holder of
the Deed can foreclose on a homeowner.
The reason is:
A person holding only the Note lacks the power to enforce it, and a
person holding only a Deed of Trust suffers no default because ONLY the
holder of the debt obligation is entitled to payment on the debt
By suing for "fraud and deceit" the New York Attorney General has put
MERS and the bankers in a very difficult place because by law the
Supreme Court has has ruled that "Fraud vitiates everything" (Boyce's
Executors v Grundy) also "Fraud vitiates the most solemn contracts,
documents and even judgments" (in United States v. Throkmorton)
This means that all contracts that have MERS in them become nullified by
law, if there was fraud involved as the NY Attorney General alleges in
his law suit
Any previous judgments against homeowners who were also victims of the
fraudulent scheme by MERS and the banks, are also nullified and void by
law, as stated below:
37 AM Jur 2nd at Section 8 states:
"Fraud vitiates every transaction and all contracts. Indeed the
principle is often stated, in broad and sweeping language, that fraud
destroys the validity of everything into which it enters, and that it
vitiates the most solemn Contracts, Documents, and even Judgments."
If a document, contract, or judgement is deem fraudulent and void, no
court in America is bound to honor such a judgment or contract, hence it
releases the one who was defrauded from any further obligation because
the law permits the judge to declare such contracts and judgments from
previous courts void.
"A void act cannot be legally consistent with a valid one".
An Unconstitutional law cannot operate to supersede any existing valid
law. Indeed, insofar as a statue runs counter to the fundamental law of
the land, it is superseded thereby.
NO ONE IS BOUND TO OBEY AN UNCONSTITUTIONAL LAW, AND NO COURTS ARE BOUND TO ENFORCE IT.
(Sixteenth American Jurisprudence Second Edition, 1998 Version, Section 203 (Formerly Section 256)
Received via e-mail:
: A very telling video and explanation of the fraud that is
: unanswered in the foreclosure debacle... 16 min...and well
: worth it ! "Always Argue Procedure" !
: Listen to this "People's Attorney" talk about who
: owns the note argument for mortgage foreclosure. Even a
: thief can make a copy of a Note and Deed of Trust and walk
: into court and try to foreclose. This guy is worth the
Link Here: http://4closurefraud.org/2012/04/05/elstonleetsdale-llc-v-cwcapital-asset-management-llc-the-wizard-behind-the-curtain-plaintiffs-must-plead-their-authority-to-sue/
John MacHaffie at11:32 AM