In home foreclosure cases the banks have contended that Mortgage Electronic Registration Systems is the beneficiary. Now, in a 21-page opinion issued Nov. 25, 2013, the Montana Supreme Court held that MERS is not the “beneficiary” under Montana’s Small Tract Financing Act. The decision is now the law in Montana.
Just to recap, the illegal fraudulent actions committed by banks are the use of “robo signers” (individuals forging executive signatures on documents); the use of fraudulent documents; and the separation of your deed from your note via MERS.
In researching illegal home foreclosure cases, results show that in state after state, court decisions favor of the homeowner, not the bank.
Most homeowners are unaware that many foreclosures are illegal and fraudulent. We tend to look at banks as a mammoth unbeatable entity. Not true. Banks are run by people, and as in any profession, a few are crooked and greedy. It just happens that in the case of mortgage loans there are more than a few. It’s a whole bunch of them.