Post from Frank Coxwell, I will add nothing other than Res Ipsa Loquitor brother.
EDITOR'S COMMENT: I'd like to see the expression of someone who sits on
a Bar grievance committee that meets out discipline to lawyers, when
they read this. In any situation, until the mortgage meltdown, if a
lawyer signed documents and then presented them as his client's
"evidence" he would be subject to severe discipline if not disbarment.
But as long as we have trillions of dollars at stake, nobody at the Bar
associations is saying anything. Here we have, courtesy of
stopforeclosurefraud.com, part of the transcript in which the lawyer
testifies rather arrogantly, that "sure" he signed the documents, so
what? No, he didn't ever speak to anyone about doing it, no he never
obtained permission or instructions, he just did it.The bottom line is that as long as we delay applying the law as it was
written and followed for hundreds of years concerning property rights,
contract rights, lending and attorney misconduct, the foreclosures will
continue, the housing mess will get larger, and the economy will
continue to sag under the weight of 80 million mortgage transactions
that in any other setting would be called grand theft. And as long as we
continue to hear that correction and restoration of the wealth taken
from investor-lenders and homeowners would be unfair to those who were
not defrauded, we will continue to be subjected to Alice in Wonderland
policies.
ROY DIAZ TRANSCRIPT
Excerpts:
Q. So through that corporate authority as Exhibit 4 to this deposition,
MERS assented to the terms Of this assignment of mortgage?
A. Through me.
Q. So it was you that assented to the terms of This assignment of
mortgage.
A. The one in this case, yes.
Q. And no one else.
A. Correct
Q. And you signed as vice president of MERS acting solely as a nominee
for America's Wholesale Lender; is that correct?
A. Yes, it is.
Q. How did you know that MERS was nominee for America's Wholesale
Lender?
A. By reviewing documentation.
Q. What documentation?
A. I don't specifically recall what I reviewed In this case to see that,
to determine that, but I would have reviewed either the mortgage or I
would have reviewed other documentation that would have established that
to me.
Q. So in this case you don't remember a single Document that you looked
at that would establish the Nominee status of MERS for America's
Wholesale Lenders; Is that correct?
A. I don't
Q. Did someone at America's Wholesale Lender Tell you that MERS was
acting as the nominee?
A. No.
Q. Did someone at MERS tell you they were Acting as Nominee for
America's Wholesale Lender?
A. NO.
Q. Was America's Wholesale Lender in existence On May 19, 2010?
A. don't now.
Q. Did you check that before signing this assignment of mortgage?
A. No.
Q. Now, you've said you review the MERS
Website and you've seen documents like this, like Composite Exhibit 6.
Any reason why you wouldn't review the documents contained in Exhibit 6
before executing the assignment of mortgage?
A. It's not necessary.
Q. Why not?
A. Because it's not. Because I decided it's not.
Q. You as vice president of MERS?
A. In every possible capacity as it relates to This case.
Q. Did you sign this assignment of mortgage after being retained as
counsel for the plaintiff?
A. After my law firm was retained?
Q. (Nods head.)
A. Is that the question?
Q. Sure.
A. Yes.
Q. Okay. So you executed an assignment to be Used as evidence in your
case, correct?
A. Sure.
Q. Is that a yes?
A. It's a sure.
Q. Is that a yes o a no?
A. You said sure earlier. Was that a yes or a No?
Q. Okay. So...
A. It's a yes.
Q. It's a yes.
EDITOR'S COMMENT: I'd like to see the expression of someone who sits on
a Bar grievance committee that meets out discipline to lawyers, when
they read this. In any situation, until the mortgage meltdown, if a
lawyer signed documents and then presented them as his client's
"evidence" he would be subject to severe discipline if not disbarment.
But as long as we have trillions of dollars at stake, nobody at the Bar
associations is saying anything. Here we have, courtesy of
stopforeclosurefraud.com, part of the transcript in which the lawyer
testifies rather arrogantly, that "sure" he signed the documents, so
what? No, he didn't ever speak to anyone about doing it, no he never
obtained permission or instructions, he just did it.The bottom line is that as long as we delay applying the law as it was
written and followed for hundreds of years concerning property rights,
contract rights, lending and attorney misconduct, the foreclosures will
continue, the housing mess will get larger, and the economy will
continue to sag under the weight of 80 million mortgage transactions
that in any other setting would be called grand theft. And as long as we
continue to hear that correction and restoration of the wealth taken
from investor-lenders and homeowners would be unfair to those who were
not defrauded, we will continue to be subjected to Alice in Wonderland
policies.
ROY DIAZ TRANSCRIPT
Excerpts:
Q. So through that corporate authority as Exhibit 4 to this deposition,
MERS assented to the terms Of this assignment of mortgage?
A. Through me.
Q. So it was you that assented to the terms of This assignment of
mortgage.
A. The one in this case, yes.
Q. And no one else.
A. Correct
Q. And you signed as vice president of MERS acting solely as a nominee
for America's Wholesale Lender; is that correct?
A. Yes, it is.
Q. How did you know that MERS was nominee for America's Wholesale
Lender?
A. By reviewing documentation.
Q. What documentation?
A. I don't specifically recall what I reviewed In this case to see that,
to determine that, but I would have reviewed either the mortgage or I
would have reviewed other documentation that would have established that
to me.
Q. So in this case you don't remember a single Document that you looked
at that would establish the Nominee status of MERS for America's
Wholesale Lenders; Is that correct?
A. I don't
Q. Did someone at America's Wholesale Lender Tell you that MERS was
acting as the nominee?
A. No.
Q. Did someone at MERS tell you they were Acting as Nominee for
America's Wholesale Lender?
A. NO.
Q. Was America's Wholesale Lender in existence On May 19, 2010?
A. don't now.
Q. Did you check that before signing this assignment of mortgage?
A. No.
Q. Now, you've said you review the MERS
Website and you've seen documents like this, like Composite Exhibit 6.
Any reason why you wouldn't review the documents contained in Exhibit 6
before executing the assignment of mortgage?
A. It's not necessary.
Q. Why not?
A. Because it's not. Because I decided it's not.
Q. You as vice president of MERS?
A. In every possible capacity as it relates to This case.
Q. Did you sign this assignment of mortgage after being retained as
counsel for the plaintiff?
A. After my law firm was retained?
Q. (Nods head.)
A. Is that the question?
Q. Sure.
A. Yes.
Q. Okay. So you executed an assignment to be Used as evidence in your
case, correct?
A. Sure.
Q. Is that a yes?
A. It's a sure.
Q. Is that a yes o a no?
A. You said sure earlier. Was that a yes or a No?
Q. Okay. So...
A. It's a yes.
Q. It's a yes.
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