General Discussion
In reply to the discussion: Unsealed court-settlement documents reveal banks stole $trillions' worth of houses [View all]ms.smiler
(551 posts)There are 7 necessary elements of a valid Pennsylvania mortgage. If any one of those elements are missing or invalid, the contract is invalid.
MERS fails in not one but several ways to qualify as a valid Mortgagee, one of those 7 necessary elements. I have not yet disclosed the other ways in which the contract can be invalidated.
You are likely unaware that mortgages are invalidated on a daily basis in bankruptcy courts and the debt is discharged as unsecured debt.
In your opinion if Mers techinically violated the law it doesnt invalidate the mortgage.
Please review this Pennsylvania statute:
21 P.S. § 444 All deeds and conveyances,
or whereby the title to the same may be in any way affected in law or equity,
shall be recorded in the office for the recording of deeds where such lands,
.. are lying and being, within ninety days after the execution of such deeds or conveyance, and every such deed and conveyance that shall at any time after the passage of this act be made and executed in this commonwealth, and which shall not be proved and recorded as aforesaid, shall be adjudged fraudulent and void
..
Elsewhere in my state, in Montgomery County, the Recorder of Deeds filed a lawsuit against MERS to compel them to file the missing Assignments, (conveyances) in the land records and pay the associated recording fees. MERS argued that it need not file all conveyances. The court examined PA law and ruled that the law requires the recordation of ALL conveyances. MERS has a problem in my state.
No court is going to rule that I should pay the bank that thinks it owns my loan. It is for the parties who come to court to PROVE to the court that they own my loan and have a valid lien upon my property.
Ive been researching these issues on a daily basis for over 4 years now. Ive been gearing up for this particular lawsuit for the past two years. I am a cautious, deliberate person. As a private and business person, I am risk avoidant. I would not make a move of which I was not certain.
I think its the last line in your post that helps me better understand our discussion. My actions are based upon the facts in my case, state and Federal law, case law, numerous legal professionals, and my own research and assessment of my situation and my best course of action.
I think you hold the unfortunate opinion that no one can fight the banksters and actually win. I appreciate your opinions, but Im basing my decisions upon the law, and its supportive of me, not the banksters.