confused...can anyone explain what this means

[Cherinfo]

I checked court dockets on my foreclosure and the last entry said mers was served a summons. What does this means? Why would mers be served?

[Cherinfo]

A little bit of history on this. Filed chapter7 ihib. Severed summons in Oct 2010. (during stay!!) anyway stay lifted in November discharged in December. Checked county court records and in Jan mortgage was assigned. Now I've been checking court dockets for summary judgment and find that Mers was served summons. returned severed on1/18... sorry but i am so confused over this.

[ryan]

Since no one has answered this I will hazard a guess.

Look at your FC complaint. Is there a list of defendants (where your name is) that includes MERS? Usually, MERS, if on the complaint at all, shows up as a plaintiff. If they are listed as a defendant, then for legal reasons they were apparently served.
Not to minimize this, but without other info, there really isn't anything else to say.

[nichole04]

There are some court ruling that state MERS cannot foreclose in its name alone because it it not a lender, servicer, or owner of any mortgage. MERS is an electronic registry that holds information about the mortgage. You need to do your research and if they have just reassigned the mortgage and have backdated it you may have a case for wrongful foreclosure. Robo-signing and backdating of documents is very common right now and many homeowners are choosing to fight back against the fraudsters. Check out the following sites and educate yourself. Check out Max Gardner's Bankruptcy Bootcamp site and you can find bk attorneys for your state who have been trained in this.

https://www.livinglies.wordpress.com

https://www.msfraud.org

https://www.4closurefraud.org

https://www.chinkinthearmor.net

Hope this helps

[Cherinfo]

Thank you yes it helps alot... I know there are alot of fishy things going on with this foreclosure. Just not sure if I should do anything about it since I want nothing to do with the house. It is so underwater and mortgage hasn't been paid since May. Problem is my husband just got laid off on 01/24.

1. Upon looking on the complaint it names MERS amongst others as defendants along with my name and the previous owners name
2. further down the complaint it also states that my husband and I executed and delivered a promissory note and a mortgage securing payment of same to MERS as nominee for for Suntrust which mortgaged the property described herein,then owned by and in possession of said mortgagor,
3. It's also naming Federal National Mortgage Association is the owner of the note and that plaintiff ( Suntrust) is are server of the loan and is the holder of the note which is endorsed in blank and that FNMA has authorized plaintiff to bring this present action on the note.
To add insult to injury is states that Public records of my county discloses a mortgage which is presently held by MERS. Plaintiff is claiming that Mers is subordinate and inferior to the lien of the mortgage being foreclosed
which I do not get at all states that public records of my county in official records book discloses a Deed which is potentially defective.
and that another party (previous owners) may claim or retain interest in subject property. Again Plaintiff is claiming that any interest in the property inuring to previous owner is subordinate and inferior.
To me my title is clouded. We received the title free and clear and the title company must of recorded wrong.

Very fishy to me and now Suntrust just assigned our mortgage to another bank? Why would another bank want a mortgage on default and discharged in chapter 7 . The assignment was signed by the VP OF MERS named Bryan Bly as nominee for Suntrust? a known robo-signer. and notarized by another known robo-signer Crystal Moore. Should I fight or walk away. I am so mixed as to what to do. Planned on leaving it alone but now that husband got laid off I'm up in the air as to fight or not. Opinions???