In re Agard (U.S. Bankruptcy Court, Eastern District of New York.) On February 10, 2011, the U.S. Bankruptcy Court for the Eastern District of New York
considered a motion for relief from the bankruptcy stay brought by U.S. Bank as the trustee
of a securitization trust. U.S. Bank claimed the right to foreclose on the debtor's mortgage
in part because of purported assignment of the mortgage from MERS. The court found itself
constrained by the Rooker-Feldman doctrine to give effect to a prior state-court judgment of foreclosure,
but went on to consider several arguments MERS advanced about its legal status and authority, noting that
it had held off on deciding dozens of additional cases until those matters were clarified. The court
found that MERS had no power as an agent to assign the mortgage under its rules, its membership agreement,
or the terms of the mortgage itself. The court also found that MERS had no power as the mortgagee of record
to assign the mortgage: "MERS's position that that it can be both the mortgagee and an agent of the mortgagee is absurd,
at best." The court observed, "MERS and its partners made the decision to create and operate under a business model that was designed large part to avoid the requirements of the traditional mortgage recording process.
The Court does not accept the argument that because MERS may be involved with 50% of all residential
mortgages in the country, that is reason enough for this Court to turn a blind eye to the fact that
this process does not comply with the law." .- WIKI
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Dr. Ron Paul sends out a clear message to all Americans: If they detain a US SENATOR what will
they do to you next?
AXJ ® has received this letter faxed to the US Embassy by the Chairman of AXJ ® endorsing
Dr. Ron Paul for the Presidency of the United States in 2012.
AXJ ® has recently received this video about bombings in the Middle East
AXJ ® has recently received this video about the OCCUPY MOVEMENTS
AXJ ® has recently received this video from EFE stating the Spanish Police and the
Judge of Court number 4 of Córdoba, Spain, Mr. José Luis Rodríguez Laín, are investigating
the disappearence of two small children Jose and Ruth in Cordoba, Spain, on October 8, 2011.
If you have any information regarding the children or about the father Mr. José Bretón,
or about the mother, please contact the police of Spain
http://www.policia.es or the Court in Spain on: 34 (957) 00 23 87 / 957 00 23 88
Fax: 34 (957) 00 23 94
AXJ ® has recently received this video stating "Judge William Adams of Aransas beats daughter for using
the internet". AXJ ® requests that the county district attorney and Rockport, Texas,
police department investigate this matter since there is absolutely no justification for this
violence against a child.
AXJ ® has recently received this video regarding the
purpose and objective of the Occupy Movements worldwide.
Get the flash player here: http://www.adobe.com/flashplayer
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