[Occupymendocino] [Fwd: Auditing Our Public Records for Fraudulent Foreclosures and Lost Recording Fees]

[agnes at mcn.org]

---------------------------- Original Message ----------------------------
Subject: Auditing Our Public Records for Fraudulent Foreclosures and Lost
Recording Fees
From:    "Jed Davis" <jedasiah at gmail.com>
Date:    Mon, February 24, 2014 11:55 pm
To:      "Dan Gjerde" <gjerde at co.mendocino.ca.us>
         "Dan Hamburg" <hamburgd at co.mendocino.ca.us>
         "John Pinches" <pinchesj at co.mendocino.ca.us>
         "John McCowen" <mccowen at co.mendocino.ca.us>
         "Carre Brown" <browncj at co.mendocino.ca.us>
         "David Eyster" <eysterd at co.mendocino.ca.us>
         allmant at co.mendocino.ca.us
         ranochas at co.mendocino.ca.us
         parkert at co.mendocino.ca.us
         angeloc at co.mendocino.ca.us
--------------------------------------------------------------------------

Dear Board of Supervisors:

I am writing you once again to appeal for you to audit our public records
in search of lost recording fees from MERS assignments (which may be in the
millions of dollars), and to expose the clouding of thousands of titles in
Mendocino County due to the criminal conduct of many banks recording false
and forged documents in our Recorder's Office. The recording of false and
forged documents is a felony violation of California Penal Code 115.  It is
these fraudulently recorded documents which VOID the foreclosures that have
wrongfully taken the homes of thousands of citizens in our county, thus
creating clouds on title, destroying the security of real estate ownership
and most likely values, now and for generations to come.

Please review the following statistics taken from an article on Recorder
John O'brien of Southern Essex County in Salem Massachusetts, a shining
example of what a proactive Recorder can do:

*In total, 565 assignments related to 473 unique mortgages were analyzed. *







*McDonnell's Report includes the following key findings: * Only 16% of
assignments of mortgage are valid * 75% of assignments of mortgage are
invalid. * 9% of assignments of mortgage are questionable * 27% of the
invalid assignments are fraudulent, 35% are "robo-signed" and 10% violate
the Massachusetts Mortgage Fraud Statute. * The identity of financial
institutions that are current owners of the mortgages could only be
determined for 287 out of 473 (60%) * There are 683 missing assignments for
the 287 traced mortgages, representing approximately $180,000 in lost
recording fees per 1,000 mortgages whose current ownership can be traced.*
The full article can be read at the following link:
http://www.nakedcapitalism.com/2012/02/john-obrien-mortgage-settlement-fails-to-address-banking-criminal-enterprise.html

You can further view Mr. O'brien's proactiveness at their county recorder's
website: www.salemdeeds.com


I urge you to recognize your duty in protecting the citizens of this county
from criminal outside interests as well as to protect the integrity of our
public records.  It is through these efforts that I believe our county will
be able to recoup millions of dollars in lost recording fees (see attached
decision *Nueces County v BofA MERS*), and eventually, restitution for the
banks' responsibility in ruining the integrity of our public records.

To further help you understand how so many of our county's records are
ruined through MERS' involvement in Deeds of Trust and foreclosures, I am
attaching a January 2014 California decision, *MERS v Robinson*, in which
the judge states that MERS cannot legally be the beneficiary and therefore
has NO STANDING to foreclose. How many MERS foreclosure have taken place in
our county since 2005? How many clouded titles does this make? This
decision is VERY ENLIGHTENING. Please read it.

For your easy reference, I am also resending you a decision by a Federal NY
Bankruptcy Judge from December 2013, whose decision states that MERS'
business model is illegal.

This is information that I and others have been telling you for nearly two
years now, yet NOTHING has been done. You are NOT the mouse who roared
against the big banks, you are the public servants of Mendocino County
standing up to protect your citizens and stopping the banks' crimes from
taking place at the crime scene, OUR COUNTY RECORDER'S OFFICE.

The tides are turning, the court decisions to support your protective
actions are beginning to come in. You have solid legal ground to stand on.
People are beginning to see through the complexity of the mortgage crisis
for what it really is, a huge SCAM against the American people. There are
millions of us and only a few banks. Please help make a difference.

Sincerely,

Jed Davis
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