MERS Trademark Registration Raises Further Questions ...

by Ken Dost

The standard language in a Fannie Mae and Freddie Mac Uniform Security Instrument or more commonly known as the ?Deed of Trust? that millions upon millions of people signed contains the following:

?MERS? is Mortgage Electronic Registration Systems, Inc. MERS is a separate corporation that is acting solely as nominee for Lender and Lender?s successors and assigns. MERS is the beneficiary under this Security Instrument. MERS is organized and existing under the laws of Delaware, and has an address and telephone number of P.O. Box 2026, Flint, MI 48501-2026, tel. (888) 679-MERS.

The beneficiary of this Security Instrument is MERS (solely as nominee for Lender and Lender?s successors and assigns) and the successors and assigns of MERS. This Security Instrument secures to Lender: (i) the repayment of the Loan, all renewals, extensions and modifications of the Note; and (ii) the performance of Borrower?s covenants and agreements under this Security Instrument and the Note.

Borrower understands and agrees that MERS holds only legal title to the interests granted by Borrower in this Security Interest, but, if necessary to comply with law or custom, MERS (as nominee for Lender and Lender?s successors and assigns) has the right: to exercise any or all of these interests, including, but not limited to, the right to foreclose and sell the Property; and to take any action required of Lender including, but not limited to, releasing and canceling this Security Instrument.

Many of those same millions, either as pro se or with counsel have poured through the language the above text time and again, Scholars have analyzed and dissected it, and the courts have ruled on it. From this researcher and pro se warriors position, it is not the text that is at issue, rather specific representations that have been intentionally concealed that should be primary issue. Adding the representation that is absent, the same passages should be read as follows:

?MERS?? is Mortgage Electronic TRADEMARKED Registration Systems, Inc. MERS? is a separate corporation that is acting solely as nominee for Lender and Lender?s successors and assigns. MERS? is the beneficiary under this Security Instrument. MERS? is organized and existing under the laws of Delaware, and has an address and telephone number of P.O. Box 2026, Flint, MI 48501-2026, tel. (888) 679-MERS.

The beneficiary of this Security Instrument is MERS? (solely as nominee for Lender and Lender?s successors and assigns) and the successors and assigns of MERS?. This Security Instrument secures to Lender: (i) the repayment of the Loan, all renewals, extensions and modifications of the Note; and (ii) the performance of Borrower?s covenants and agreements under this Security Instrument and the Note.

Borrower understands and agrees that MERS? holds only legal title to the interests granted by Borrower in this Security Interest, but, if necessary to comply with law or custom, MERS? (as nominee for Lender and Lender?s successors and assigns) has the right: to exercise any or all of these interests, including, but not limited to, the right to foreclose and sell the Property; and to take any action required of Lender including, but not limited to, releasing and canceling this Security Instrument.

Following the Trademark of MERS? would have led us to the United States Patents and Trademarks Office (?USTPO?) database, namely the Trademark website. http://assignments.uspto.gov/assignments/q?db=tm
Curiously though, should you type the words ?Mortgage Electronic Registration Systems? or ?MERS? in the Assignee/Assignor space, you would be returned an answer of none found. Hmmm, a glitch in the website of labeling or is it something more?

However, enter the words ?Mortgage Electronic Registration? opens to a page listing registration number 2084831 Mortgage Electronic Registration Systems, Inc. clicking through brings you to the Trademark Assignment page. http://assignments.uspto.gov/assignments/q?db=tm&asnrd=MORTGAGE%20ELECTRONIC%20REGISTRATION%20SYSTEMS,%20INC.
Click the registered number 2084831 link which brings up another page, clicking than either the serial number or registered number, bringing up another page, which you will than click the ?Trademark Document Retrieval? link. This brings up the last link in which you will place a check in the ?Select All? box, thereafter clicking the ?Download Pdf?.

As you review the document ask yourself, would you, or for that matter would anyone have ever signed the loan documents. I don?t about anyone else, but we were told upon inquiry, as the closing agent was pushing papers before us in a hurried sort of way, that Mortgage Electronic Registrations System was national database to track loans. The documents recorded in the Trademarks database say a hell of a lot more that. Although not all MERS secrets are revealed in its registration documents it does make clear MERS is deals with the trading of Mortgage Servicing Rights (?MSR?), which is not the same as a mortgage. A Servicers right to payment its fee for passing through loan payments does not qualify anywhere near a mortgage.

What is contained within the MERS registration documents are an issue in itself and worthy of study and research, which I have done for the past couple of years and have quite a bit to write on. But, on the issue of the Trademark representation being what we have to assume is an intentional omission of material fact in the loan documents. ?Coke Adds Life? Coca-Cola, absent the representation, Coca-Cola?, is not the same as MERS? misrepresented as MERS. As ?Coke Adds Life? MERS ? takes lives away.
Trademarks are distinctive pictures, words, and other symbols or devices used by businesses to identify their goods and services. Trademarks fall under a separate body of law, Trademark Law, regulated by the Lanham Act of 1946 and the Trademark Act (15 U.S.C.A. ? 1051). Trademark owners grant to users exclusive rights to their marks, which to a larger degree are spin off products of a patent, but does not necessarily have to be. Trademarks also serves the consuming public in the recognition of products and consumer expectations of consistency in quality in the products it buys with the mark. Additionally, marks reduce consumer confusion in the identification of goods and services, in the case of a Service Mark, which more accurately describes MERS.

MERS Service Mark as it is officially registered states:
Reg. No. 2,084,831
Registered July 29, 1997

MORTGAGE ELECTRONIC REGISTRATION
SYSTEMS, INC. (DELAWARE CORPORATION)
1125 15TH STREET, NW
WASHINGTON, DC 20005

FOR: REAL ESTATE DATABASE SERVICES, NAMELY, PROVIDING AND MAINTAINING A REGISTRY OF THE TRANSFER OF MORTGAGE SERVICING RIGHTS. MORTGAGE OWNERSHIP, SECURITY INTERESTS IN MORTGAGES AND THE RELEASE OF MORTGAGES FOR USE BY THOSE IN THE MORTGAGE
BANKING INDUSTRY, IN CLASS 36 (U.S. CLS. 100, 101 AND 102). FIRST USE 2-1-1996; IN COMMERCE 2-1-1996.
SN 15-031,300, FILED 1-21-1995.

Unfortunately, there is no private right of action under the Lanham Act and Trademark Law which if ever a case materialized it would be on behalf of consumers, meaning a class action suit. Assignments of trademarks are very, very, interesting and worthy of exploring in great detail. Of course, there is the fundamental issue as to omission, and the concealing of implied contracts. All of the above become ever the sweeter for legal exploration the deeper we go, as my friend Vermont would say, ?down into the rabbit hole.?

We are battling these issues of foreclosure as if they are real property issues, and certainly this absolutely correct. We are heavily engaged against MERS on legal issues of beneficiary, nominee, and legal title holder, and making some progress in some courts, where MERS has been tossed from the court. Than along came the schmuck that was tossed in a room and told to ?robo-sign? thousands of documents.

No disrespect is intended over the next few sentences to follow, especially to those who have fought hard in the trenches these past couple of years who have achieved great success. Although in a defensive position, protecting our real property and title, this the battlefield in which we fight is of our choosing, and MERS has happily engage our real property battlefield. It is argued that MERS cannot be the beneficiary, backing it with the latest case law available. The same can goes for issues to beneficiary, and lastly to legal title holder. Like a stupid silly assed kid MERS response is, ?because we are the nominee?, we are the beneficiary?, and ?MERS does hold legal title?. Why, ?because we do?. This just drives us nuts, as it confounds the legal system and has pissed off more than a judge or two.

What if, MERS is correct and all its nutball claims that they spill upon the court are correct? What if they are everything they claim, they are? ?hear me out first before you click this of before you all start going off the rail??What if MERS is simply entertaining our legal arguments on real property issues, if say for reasons to divert our attention from something they do not want us to recognize and might begin to pay attention to. Stated differently, what if MERS is hiding the theft of our sovereignty before our very eyes in plain sight.

What if the first step was the intentional omission of MERS? from the borrower and all of society? What if the second was the industries crafting of public opinion labeling all subprime borrowers as liars, cheats, and thieves, thereby society casting aside borrowers and its empathies. What if MERS is hiding its secrets in plain sight and we are just not seeing it? What if the schmucks that were thrown in a room and told to robo-sign thousands upon thousands of documents had nothing to do with hiding sloppy paperwork, but a desperate attempt to conceal something much more damaging the banksters?

From the level ground where we stand, to the right may be Bank of America, to our left we see Ownit Mortgage, or Option One, or Indymac. Directly in front sits Litton Loan and behind us is First American Corelogic. In looking around MERS is nowhere to be seen, than suddenly before you, the street begins to open and up rises an underground elevator, prominently labeled MERS, and just as quickly as it arises its gone.

The oversimplified point being made is MERS is not a shiny building on the hill, MERS are all the entities before and around you and many, many more private members. The collective members are MERS and MERS is your entry portal and eventual exit portal, it is an electronic clearinghouse. On exit, the fabricated instrument by which you entered at closing, is fabricated again for your expulsion, that is with auction.

Welcome to the machine, an entirely automated underground economy that was secretly built around the turn of the century, dismantling our economy and democracy before our eyes. Doing so under a boasting Congress with the fanfare of Legislative Acts disguised as opportunity while other Legislative Acts quietly slipped past the revelry, but the damaging impact tremendous. Concealing its minion while they worked is MERS, the OCC and others, by late 2005 the automated economy we knew nothing about was fully operational, using Canada and Australia as the hub point to entirely globalize us in less than a year.

Source: http://livinglies.wordpress.com/2012/02/07/mers-trademark-registration-raises-further-questions/

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