SO EITHER THE NOTICE OF SALE OR THE DEED OF TRUST IS BS…

…that’s what this substitute trustee’s notice of sale in a Mississippi newspaper seems to say.

Here’s the ad (I’d link to it, but it will be gone by the end of the day):

Substitute Trustee’s Notice of Sale STATE OF MISSISSIPPI COUNTY OF Forrest WHEREAS, on the 17th day of October, 2007, and acknowledged on the 17th day of October, 2007, Lynda L. McCann, executed and delivered a certain Deed of Trust unto Recon Trust Company, NA, Trustee for Mortgage Electronic Registration Systems, Inc., as nominee for Countrywide Bank, FSB, Beneficiary, to secure an indebtedness therein described, which Deed of Trust is recorded in the office of the Chancery Clerk of Forrest County, Mississippi, in Book 1602 at Page 0507 Instrument# 126494; and WHEREAS, on the 12th day of November, 2013, Mortgage Electronic Registration Systems, Inc., as nominee for Countrywide Bank, FSB, assigned said Deed of Trust unto Bank of America, N.A., by instrument recorded in the office of the aforesaid Chancery Clerk in Book 1934 at Page 0178 Instrument# 713620; and WHEREAS, on the 27th day of January, 2014, the Holder of said Deed of Trust substituted and appointed Michael Jedynak by instrument recorded in the office of the aforesaid Chancery Clerk in Book 1943 at Page 0227 Instrument# 715929; and WHEREAS, default having been made in the payments of the indebtedness secured by the said Deed of Trust, and the holder of said Deed of Trust, having requested the undersigned so to do, on the 21st day of March, 2014, I will during the lawful hours of between 11:00 a.m. and 4:00 p.m., at public outcry, offer for sale and will sell, at the Northeast main door of the Forrest County Courthouse, Paul B. Johnson, Jr. Chancery Facility, which Chancery Facility is located at 641 Main Street at Hattiesburg, Mississippi, for cash to the highest bidder, the following described land and property situated in Forrest County, Mississippi, to-wit: Commence at a found 4 x 4 concrete monument at the Northeast corner of the Southeast 1/4 of the Southwest 1/4 of Section 31, Township 2 North, Range 12 West, Forrest County, Mississippi and run S 89 degrees 48 minutes 13 seconds West for 164.77 feet to a 3 inch round concrete monument; thence run S 01 degree 07 minutes 32 seconds West for 656.87 feet to a 1/2 inch rebar and the Point of Beginning. From the Point of Beginning continue S 01 degree 07 minutes 32 seconds West for 661.23 feet to a 2 inch iron pipe; thence run S 89 degrees 39 minutes 49 seconds West for 165.88 feet to a 1/2 inch rebar; thence run N 01 degree 09 minutes 06 seconds for 47.49 feet to a 1/2 inch rebar on the North margin line of J.B. Horne paved public road; thence run on and along said margin line N 46 degrees 16 minutes 57 seconds West for 27.16 feet to a 1/2 inch rebar; thence run North 1 degree 09 minutes 06 seconds for 595.95 feet to a 1/2 inch rebar; thence run East for 185.56 feet back to the Point of Beginning. Said parcel of land is a part of the SE 1/4 of the SW 1/4 of Section 31, Township 2 North, Range 12 West, Forrest County, Mississippi and contains 2.79 acres, more or less. Description of 20.0 foot Easement: Commence at a found 4 inch x 4 inch concrete monument at the Northeast corner of the Southeast 1/4 of the Southwest 1/4 of Section 31, Township 2 North, Range 12 West, Forrest County, Mississippi and run S 89 degrees 48 minutes 13 seconds West for 164.77 feet to a 3 inch round concrete monument; thence run S 89 degrees 53 minutes 39 seconds West for 185.26 feet to a 1/2 inch rebar; thence run S 01 degree 09 minutes 06 seconds West for 656.53 feet to a 1/2 inch rebar and the Point of Beginning. From the Point of Beginning run East for 20.00 feet to a 1/2 inch rebar; thence run S 01 degree 09 minutes 06 seconds West for 614.72 feet to a 1/2 inch rebar on the North margin line of J.B. Horne paved public road; thence run on and along said margin line N 46 degrees 16 minutes 57 seconds West for 27.16 feet to a 1/2 inch rebar; thence run N 01 degree 09 minutes 06 seconds East for 595.95 feet back to the Point of Beginning. Said Easement is Part of the SE 1/4 of the SW 1/4 of Section 31, Township 2 North, Range 12 West, Forrest County, Mississippi and contains .28 acre, more or less. AND One 1998 Horton 27 x 52 Manufactured Home Serial Number H150850GLR which is affixed and attached to the land as real property. 1998 Horton 27 x 52 Manufactured Home I will only convey such title as is vested in me as Substitute Trustee. WITNESS MY SIGNATURE, this 24th day of February, 2014. Michael Jedynak Substitute Trustee 855 S Pear Orchard Rd., Ste. 404, Bldg. 400 Ridgeland, MS 39157 (318) 330-9020 /F14-0034 PUBLISH: 2-28-14 / 3-7-14 / 3-14-14
 

Notice the bold passage above–it lists all the typical things the MERS deed of trust says, i.e., that the borrower delivered a deed to the trustee, that MERS is the nominee for Countrywide…but this notice of sale says that Countrywide is the beneficiary.

MERS deeds of trust ALL say that MERS, not the “lender”–in this case, supposedly Countrywide–is the beneficiary.  I signed a MERS deed of trust a few months prior to this woman in the same city and state, involving the same parties: Recontrust, MERS, Countrywide.  My deed of trust says in bold print that MERS is the beneficiary.  I’m assuming this woman’s deed of trust says the same thing.

So is this notice of sale a tacit admission that the deed of trust is defective (I believe it is even without this particular set of facts, but still)?  That is, since the deed of trust almost certainly names MERS and not Countrywide as the beneficiary, that would seem to me to render either the deed of trust or the notice of sale void.  I should point out that I haven’t seen this particular deed with my own eyes, but unless there is something unusual about this one deed, it will say that MERS, not Countrywide, is the beneficiary.

And of course, as usual, neither Fannie Mae nor Freddie Mac are mentioned anywhere in this notice of sale, but I’m sure that’s who this borrower would be told is “the investor,” i.e., either Fannie or Freddie.

Anyone have any thoughts on this?  I look at a lot of trustee sale notices and haven’t noticed this particular turn of phrase.  Is this the way they’re doing it now?

IMPORTANT NOTE/DISCLAIMER:  The above article is not legal advice and was not written by an attorney.  It is merely a collection of common-sense, rational observations written by a sane, rational layperson with common sense.  It is recommended that you consult with an attorney for any and all legal advice and/or action.

About eggsistense

Writer, musician, cartoonist, human being
This entry was posted in Bank of America, Foreclosure, Foreclosure fraud, MERS and tagged , , , , , , , . Bookmark the permalink.

3 Responses to SO EITHER THE NOTICE OF SALE OR THE DEED OF TRUST IS BS…

  1. ReconTrust is soley owned by BOA and can not lawfully be the forecloser. See Washington State V ReconTrust and I will look up another one that just came across the web in the last week or two from another state.

  2. Error claims cast doubt on Bank of America foreclosures in …
    cironline.org › Reports‎
    Center for Investigative Reporting
    Apr 25, 2013 – “The question of who owns the loan or not, I think that’s been blown out of proportion,” Hobbs said. … To execute a foreclosure, Bank of America relies on ReconTrust. … The law also makes it a felony for a bank to make false representations … for filing false documents in thousands of foreclosure cases.
    National Bank Cannot Conduct Nonjudicial Foreclosures in …
    http://www.nolo.com › … › Fighting Foreclosure in Court‎
    Nolo.com
    by Amy Loftsgordon
    Bank of America’s foreclosure trustee company, ReconTrust, is no longer conducting … State law sets out the procedural requirements for nonjudicial foreclosures, including … (a wholly-owned subsidiary of Bank of America) for conducting illegal … However, rather than fight the suit, ReconTrust voluntarily settled the case …
    Livinglies’s Weblog | Economic Fraud AND FORECLOSURE …
    livinglies.wordpress.com/‎
    This case, in combination with other legal arguments will help tip the outcome … for wrongful foreclosure, the Steinberger decision shows one of the ways that can be …. in this case Bank of America (AGAIN) who owns and controls Recontrust.
    Bradburn v. Bank of America NA, ReconTrust, et al. | WA …
    stopforeclosurefraud.com/…/bradburn-v-bank-of-america-n-a-recontrust…‎
    Feb 16, 2014 – The case law has consistently held that the DTA must be strictly followed. … that those damages resulted from the wrongful conduct of defendants. … WA Court Order Declaring Bank of America’s Foreclosure Sale to be … It’s undisputed that ReconTrust was, at all times, a wholly owned subsidiary of BANA.
    HUGE Ruling Against Bank of America MERS bank …
    http://www.fourwinds10.net/siterun_data/government/judicial…/news.php?q…‎
    Feb 18, 2014 – The attorney in Washington State who handles illegal foreclosures and who won this case is. Scott E. Stafne … It was ReconTrust which issued the notice of default to the borrower. ReconTrust … a wholly owned subsidiary of BANA, it seems specious to attempt to argue that ReconTrust was … Law; Go Back …
    attorney general | Findsen Law
    https://findsenlaw.wordpress.com/tag/attorney-general/‎
    Jun 20, 2013 – Utah AG Says All Recontrust BoA Foreclosures in Utah ILLEGAL … criminal and civil judgments on a broad spectrum of mortgage fraud cases.
    [PDF]
    ORIGINAL – Washington State Courts
    http://www.courts.wa.gov/…/670051%20Amended…‎
    Washington Supreme Court
    Recontrust is not a valid trustee under Washington law .. 23 … CASES. PAGE. Bailey v. Security Nat ‘I Servicing Corp., 154 F.3d 384, (7th Cir. 1998) .. 23 ….. Wrongful Foreclosure when Defendants committed clear and multiple violations of the ….. this state. Recontrust is a wholly owned subsidiary of Bank of America, N.A..
    Dutcher, Ferguson, Ahlers v. Recontrust, BAC, Bank of …
    4closurefraud.org/…/dutcher-ferguson-ahlers-v-recontrust-bac-bank-of-a…‎
    Jul 19, 2011 – Lawyers for Bank of America and ReconTrust sued in a New Class Action Lawsuit … for Bank of America and its wholly own subsidiary ReconTrust, N.A. for … to assist aggrieved homeowners fighting illegal foreclosures and Utah’s … Utah’s new law awards $2,000 or actual damages, whichever is greater, …
    [PDF]
    WA Brown v. Bank of America – MERS
    mersinc.org/…/644-wa-brown-…‎
    Mortgage Electronic Registration Systems
    Dec 12, 2013 – As to the claim for wrongful foreclosure (“Wrongful. Foreclosure …. origination, ReconTrust, a wholly-owned subsidiary and agent of. BofA (and … Dismissal Order and repudiated the case law argued in support of the Second …
    [PDF]
    loretta j. brown – Ninth Circuit Court of Appeals
    cdn.ca9.uscourts.gov…‎
    United States Court of Appeals for the Ninth Circuit
    Dec 12, 2013 – Procter LLP for Appellees Bank of America, N.A., successor by merger to …. As to the claim for wrongful foreclosure (“Wrongful. Foreclosure …. origination, ReconTrust, a wholly-owned subsidiary and agent of. BofA (and its … Dismissal Order and repudiated the case law argued in support of the Second …

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  3. eggsistense says:

    Thanks for posting all this, Shelley. You really are amazing.

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