80 Bradford Drive, Feeding Hills, MA 01030

May 19, 2011 Recorded Assignment of Mortgage

Bank of America, not the noteholder, requested and created the mortgage assignment, in the name of MERS, for their benefit. They were both assignor and assignee for a mortgage which they were not the secured party.
Who Requested this Assignment? Who created and prepared this Assignment?

Barbara Nord wears many corporate hats...

MERS authority under the mortgage

Neither CoreLogic, nor Bank of America were the secured party in the mortgage. Countrywide was dissolved on July 1, 2008, and five other transfers of the mortgage loan had occurred since 2005. None of the subsequent transferees were MERS members, wherein MERS agency ceased in 2005. MERS was acting as agent for non-parties to the mortgage. This is a contractual breach to the terms and conditions of the mortgage. Since MERS gave no consideration for the mortgage, they can NEVER be or act as principle. When that occurs, the mortgage becomes void for want of consideration, unless MERS tenders the consideration to the borrower. A mortgage only vests in the party who gave the consideration contained in the mortgage, as it is a UCC-9 security instrument, not a UCC-3 negotiable instrument. Holding the note and mortgage in their name would violate MERS alleged seperateness, stated in the mortgage.

Bank of America has never been a successor or assign of Countrywide Home Loans, Inc., except for a portfolio of derivatives. NB Holdings Corporation was the successor.

What right, title, or interest would CoreLogic have in the mortgage, which would require the recorded assignment to be returned to them?

And why would MERSCORP deactivate a MERS mortgage that was meant to inoculate against future assignments, that was not in foreclosure?

MERS (not MERSCORP) can only release the mortgage at the behest of the Lender, not non-parties to the contract.

Body of the Assignment

The note was assigned / sold by MERS even though their own documents acknowledge they cannot transfer any rights under the note.

P There is no mention of Countrywide Home Loans, Inc. being the current holder of the note. This is because the mortgage loan was transferred five times since 2005. None of the transferees were MERS members. P There is no mention who the holder of the note was at the time of assignment. P MERS claims to assign the note For value received...a sale. P MERS never states how they came into possession of the note. P MERS is not a licensed bank, mortgage lender, or broker, who can deal in promissory notes. P MERS cannot sell all beneficial interest under the mortgage and note, since it was not a secured party, and has no legal capacity to transact in the mortgage loan for its own benefit. It did not possess any equitable interest in the mortgage, nor the note, and it offered no consideration to the borrower, so was owed no obligation. P MERS never gave notice to the borrower that they were ever a holder of the note, nor that they were ever to receive any payment on the note or mortgage, as per the contractual terms of the note. P If MERS held the note, then they could not act solely as nominee for the Lender, disclosed or undisclosed. MERS would be (illegally) the note holder and secured party.

MERS also claims to have assigned not only the note, but also the obligations therein described

What are the obligations therein described?

And somehow MERS turned a profit on the mortgage, a nonnegotiable security, by selling it for value....

...Which is illegal in Massachusetts

MERS does not have an address in Ocala, FL

Suite 101 was the address for Electronic Data Systems (EDS), not Mortgage Electronic Registration Systems, Inc.

MERS discontinued the use of the Ocala, FL address on December 6, 2010, six months before the assignment.

Nor did BAC Home Loans Servicing have an address in Annapolis, MD.

It is the address for Wells Fargos Master Servicing Offices.

To recap; MERS claimed in the Registry of Deeds to hold a mortgage as nominee for Countrywide, who ceased to exist in 2008. Three years after this fact, a BAC employee in CA created an assignment, as a CoreLogic employee in SC, at the request of Bank of America, in the name of Mortgage Electronic Registration Systems, Inc, who had been functus officio since 2005, and whose address was nonexistant, purporting to assign the mortgage, note, and obligations that it mysteriously acquired as holder. The assignee was BACHLS, whose address was the Master Servicing Offices of Wells Fargo. The signatory, an employee of the assignee BACHLS, as an employee of assignor MERS, evidenced by a notary jurat, of a BAC employee, sworn to under the pains and penalties of perjury. Sound legitimate ???

Massachusetts General Law 266 @ 35A(b)(4)

Pretty stiff consequences for recording fraudulent assignments in Massachusetts.

The Registries of Deeds are a division of the Secretary of State

What secured interests in the mortgage, as nominee for Countrywide Home Loans, Inc. did MERS ever have?
1. Power of Sale

2. Legal Title to the Property

The Equitable Interest in the Mortgage, was not, and could not have been, assigned by MERS. A mortgage always vests in the secured party, not a nominee. That would be bailment, and the mortgage would be a UCC-7 Document of Title, not a mortgage.

There has not been a legal mortgagee of record for over 7 years !!! The loan had been sold to Goldman Sachs Mortgage Company in 2005. MERS was functus officio after the sale, and the servicer never held record title by way of assignment, as required in the contract....

....Even though that would have been illegal as well....

Neither Countrywide, nor MERS could retain legal title to the mortgage, once sold to Goldman Sachs Mortgage Company. Additionally, GSMC has never had authority to transact business in Massachusetts, and GS Mortgage Securities Corp., to whom the loan was subsequently sold, had their MA Foreign Corporation certificate revoked in 1998.....

...which becomes problematic with respect to enforcing the mortgage....

Massachusetts General Law 266 @ 53A

The Signatory is also an employee of assignee BAC Home Loans Servicing, acting as an employee of assignor MERS.

Who holds many corporate positions, in multiple corporations...

The Notary Jurat - also by an employee of BAC Home Loans Servicing

Which was sworn to under the penalty of perjury

Borrowers Authority and Contractual Obligation to challenge this Assignment of Mortgage

1. Under the Mortgage

The very first borrower covenant states....

Other covenants....

Covenants under the Rider to the Mortgage

There are two separate clauses. One during the Initial Fixed Interest Period, and a second for after the Initial Fixed Interest Rate Period.......

During Initial Fixed Interest Rate Period : Clause

After Initial Fixed Interest Rate : Clause

Borrowers Authority under the Note

During Initial Fixed Interest Rate Period : Clause

After Initial Fixed Interest Rate Period : Clause

Other covenants under the note