MERS. Mers is defined in the Chapter 1 of this Book. Mers is only authorized to act on behalf of the originating lender. If Mers were to make an assignment the assignment would have to go from Mers to the depositor/sponsor (depending on how the PSA reads) and not directly to the trust with consideration for the window of time allowed in the PSA (usually within 90 to 120 days). All proper layers must be included in any assignment by Mers. Check all dates and map out the chain of custody.
Discovery (either request for production, interrogatories, request for admission or even depositions) will show the failure of the servicer or Mers to "hold" the note according the rules of the UCC at the time of the filing of the action. The plaintiff bank must own the note and mortgage at the time the complaint is filed.
Requirements for a valid affidavit
Affiant’s Competency: The affiant must clearly state and the affidavit must clearly show that the affiant is competent to testify regarding the matters set forth.
ASSIGNMENTS
Assignment Defined: Assignment means the transfer of a property right or title to some particular person under an agreement, usually in writing. An assignment signifies the transfer of all kinds of property, real, personal, and/or mixed, unless qualified in some fashion, in assignment is generally considered to be a transfer of the transferor's entire interest in the estate, chattel, or other thing assigned.
200 REASONS YOUR DOCUMENT IS FRAUDULENT
(Mortgage Affidavits & Assignments & Endorsements)
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The document has notarized in Dakota County, Minnesota.
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The document was notarized in Hinnepin County, Minnesota.
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The document was notarized in Duval County, Florida.
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The document was notarized in San Diego, California.
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The document was executed the same day it was filed with the court.
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The party who signed the document executed it as an authorized agent for the servicer or the creditor.
LEARN MORE IN THE
The Definitive Guide to Foreclosure Defense