Having read the brilliant decision of Judge Nelva Gonzales Ramos in the Nueces County v. MERS et al. decision, I can’t help but think of Barbara Bratton and her so-called “paper terrorism.” In the Nueces decision, Nueces County alleged that MERS and Bank of America filed fraudulent liens in the property records of Nueces County. The judge’s summary of the county’s claims:
” Plaintiff asserts that Defendants filed or caused to be filed security instruments in the County property records which falsely represent that MERS has an interest in certain real property as a grantee, grantor, beneficiary, lender, the holder of notes and liens, and/or the legal and equitable owner and holder of promissory notes and deeds of trust. (FAC ¶ 42.)
Plaintiff alleges that these instruments falsely represented MERS’s role or status, and that these false statements resulted in MERS being incorrectly indexed as a grantee and/or grantor in the County’s real property records. ( Id .) Plaintiff alleges that Defendants knew the instruments were false at the time of filing and that Defendants filed the instruments with the intent they be given the same legal effect as instruments evidencing a valid lien or claim against real property. ( Id .)
Plaintiff alleges that these instruments were filed with the intent to financially injure Plaintiff, as Defendants intended that these false filings would make subsequent filings of releases, transfers, and assignments unnecessary and deprive the County of the filing fees associated with these recordings. ( Id .) Plaintiff additionally alleges that the County’s property records have been damaged by Defendants’ actions and that this has created confusion amongst those who rely on these records. (FAC ¶¶ 3, 30, 31, 42, 50.)”
Of course they did! And the judge finds that there is sufficient evidence that MERS/BoA DID file fraudulent liens (because the deeds of trust all say that MERS is a “beneficiary” which it of course never was, is, or will be), and so the case will go forward into discovery! Here is the judge saying just that:
“The Court concludes that, viewing the FAC’s allegations in the light most favorable to Plaintiff, one could plausibly infer that the recorded deeds of trust [naming MERS as “beneficiary”] constituted fraudulent liens or claims against real property or an interest in real property. ” (p. 14)
Nueces must be the anti-San Bernardino
The summary of Nueces County’s allegations above are reminiscent of the charges San Bernardino County brought against Barbara Bratton, are they not? In other words, the Nueces County allegations make one think of “paper terrorism,” with which Barbara Bratton was wrongly associated. Indeed, if Barbara Bratton is a paper terrorist for filing just two documents that are alleged to be false/forged/fraudulent (even though they really aren’t), it’s obvious what that means for MERS, because their stink is all over millions of mortgages and deeds of trust in Texas (where the Nueces case is being decided) alone!
The obvious question is: why is it that in one part of the country (namely, California), a county goes after a homeowner for once doing what MERS does every day, while in another part of the country (namely, Texas), a county goes after the real paper terrorist, i.e., MERS? This needs to be rectified–by a Supreme Court decision, a statute, something.