Fraud upon the Court

You are never suing, or

defending against, MERS
Mortgage Electronic Registration Systems, Inc., is
not representing itself in court

Tim A. Bryant - 2013

Member notifies MERSCORP, not Mortgage Electronic

Registration Systems, if being sued or threatened to be sued.

...including if the member itself initiated the claim as Mortgage

Electronic Registration Systems, Inc or MERSCORP, Inc. Didnt
see that in any Corporate Resolution.

MERSCORP notifies (from THEIR mailroom), and is to be notified, if

a member has transferred or terminated their rights and interests
in the mortgage? I thought they tracked that !!!

MERSCORP, not Mortgage Electronic Registration Systems, to

be notified af any lawsuit, threat of lawsuit, or claim.
MERSCORP is not a party under any mortgage, and has no
right, title, or interest.

This is restated in the Electronic Tracking Agreements

Rule 14 Notifications

Notices under Rule 14 go to the General Counsel of

MERSCORP, not Mortgage Electronic Registration Systems, Inc.

The attorneys are not only dual agents of Mortgage Electronic

Registration Systems, Inc and the member, but also an agent of
MERSCORP, who is a non-party to the mortgage. The members
attorney is required to assert defenses on MERSCORP and MERS
behalf which it could not assert on its own behalf. Conflict of Interest ?!

This is illegal in many states, such as Massachusetts

MERSCORP and Mortgage Electronic Registration Systems can

decide to represent themselves in court, at the members sole
expense. This representation is deemed a right and not an
obligation.

You are never suing or defending against MERS, but the member.

The member shall act in the legal capacity of Mortgage Electronic

Registration Systems, and MERSCORP, even when it is no longer
a member....

Yet, has no rights under the Electronic Tracking Agreements

What are the consequences of this fraud?

Neither Mortgage Electronic Registration
Systems, Inc, nor MERSCORP (Holdings), Inc.,
has any legal capacity, authority, right, title, or
interest in any mortgage.
No MERS member has any legal capacity,
authority, right, title, or interest to appear on
behalf of either of them.
None of the parties have, or ever had, legal
standing to assert any right or defense, under
any mortgage, in any court !!!

Fraudulent Concealment

Fraudulent concealment means the

deliberate hiding or suppression, with an
intention to deceive or defraud other persons
of a material fact or circumstance by a
person which s/he is legally bound to
disclose.
http://definitions.uslegal.com/f/fraudulentconcealment/

Elements to Fraudulent Concealment

Under contract law, a plaintiff can recover from a
defendant on the grounds of fraudulent concealment where
the defendant (1) concealed or suppressed a material fact;
(2) had knowledge of this material fact; (3) that this
material fact was not within reasonably diligent attention,
observation, and judgment of the plaintiff; (4) that the
deferndant suppressed or concealed this fact with the
intention that the plaintiff be misled as to the true condition
of the property; (5) that the plaintiff was reasonably so
misled; and (6) that the plaintiff suffered damage as a
result.
http://www.law.cornell.edu/wex/fraudulent_concealment

Federal Law and Fraudulent Concealment

Equity will not lend itself to such fraud and historically has
relieved from it. It bars a defendant from setting up such a
fraudulent defense, as it interposes against other forms of fraud.
And so this Court long ago adopted as its own the old chancery
rule that where a plaintiff has been injured by fraud and 'remains in
ignorance of it without any fault or want of diligence or care on his
part, the bar of the statute does not begin to run until the fraud is
discovered, though there be no special circumstances or efforts on
the part of the party committing the fraud to conceal it from the
knowledge of the other party.'
This equitable doctrine is read into every federal statute of
limitation.
HOLMBERG et al. v. ARMBRECHT et al.
327 U.S. 392 (66 S.Ct. 582, 90 L.Ed. 743),
citing Bailey v. Glover, 21 Wall. 342, 348, 22 L.Ed. 636

Purpose of Fraudulent Concealment Laws

[Statutes of limitation] were enacted to prevent frauds; to
prevent parties from asserting rights after the lapse of time had
destroyed or impaired the evidence which would show that such
rights never existed, or had been satisfied, transferred, or
extinguished, if they ever did exist. To hold that by concealing a
fraud, or by committing a fraud in a manner that it concealed
itself until such time as the party committing the fraud could
plead the statute of limitations to protect it, is to make the law
which was designed to prevent fraud the means by which it is
made successful and secure.
STATE OF COLORADO v. WESTERN PAVING
CONSTRUCTION CO.,
833 F.2d 867, United States Court of Appeals, Tenth Circuit
(1987).

Federal v. State Rights - Fraudulent Concealment

It would be too incongruous to confine a federal right within
the bare terms of a State statute of limitation unrelieved by
the settled federal equitable doctrine as to fraud, when even
a federal statute in the same terms would be given the
mitigating construction required by that doctrine.
We conclude that the decision in the York case is
inapplicable to the enforcement of federal equitable rights.
The federal doctrine applied in Bailey v. Glover, supra, and in
the series of cases following it, governs. When the liability, if
any, accrued in this case, cf.
HOLMBERG et al. v. ARMBRECHT et al.
327 U.S. 392 (66 S.Ct. 582, 90 L.Ed. 743)

State Laws - Fraudulent Concealment

An example of state fraudulent concealment laws, using Massachusetts

No matter how long ago MERS fraudulent acts

occurred, they can still be sued, avoiding the
statute of limitations.

MERS Attorneys and the Code of

Professional Responsibility
DISCIPLINARY RULES
DR 1-102 -Misconduct.
(A) -A lawyer shall not:
(1) -Violate a Disciplinary Rule.
(2) -Circumvent a Disciplinary Rule through actions of another.
(3) -Engage in illegal conduct involving moral turpitude.
(4) -Engage in conduct involving dishonesty, fraud, deceit, or
misrepresentation.
(5) -Engage in conduct that is prejudicial to the administration of
justice.
(6) -Engage in any other conduct that adversely reflects on his
fitness to practice law.

DR 5-105 -Refusing to Accept or Continue Employment if the Interests of

Another Client May Impair the Independent Professional Judgment of the
Lawyer.
(A) -A lawyer shall decline proffered employment if the exercise of his independent
professional judgment in behalf of a client will be or is likely to be adversely
affected by the acceptance of the proffered employment, or if it would be likely to
involve him in representing differing interests, except to the extent permitted under
DR 5-105(C).
(B) -A lawyer shall not continue multiple employment if the exercise of his
independent professional judgment in behalf of a client will be or is likely to be
adversely affected by his representation of another client, or if it would be likely to
involve him in representing differing interests, except to the extent permitted under
DR 5-105(C).
(C) -In the situations covered by DR 5-105(A) and (B), a lawyer may represent
multiple clients if it is obvious that he can adequately represent the interest of each
and if each consents to the representation after full disclosure of the possible effect
of such representation on the exercise of his independent professional judgment
on behalf of each.
(D) -If a lawyer is required to decline employment or to withdraw from employment
under a Disciplinary Rule, no partner, or associate, or any other lawyer affiliated
with him or his firm, may accept or continue such employment.

DR 5-107 -Avoiding Influence by Others Than the Client.

(A) -Except with the consent of his client after full disclosure,
a lawyer shall not:
(1) -Accept compensation for his legal services from one
other than his client.
(2) -Accept from one other than his client any thing of value
related to his representation of or his employment by his
client.
(B) -A lawyer shall not permit a person who recommends,
employs, or pays him to render legal services for another to
direct or regulate his professional judgment in rendering such
legal services.

DR 7-102 Representing a Client Within the Bounds of the Law.

(A) -In his representation of a client, a lawyer shall not:
(1) -File a suit, assert a position, conduct a defense, delay a trial, or take other
action on behalf of his client when he knows or when it is obvious that such action
would serve merely to harass or maliciously injure another.
(2) -Knowingly advance a claim or defense that is unwarranted under existing law,
except that he may advance such claim or defense if it can be supported by good
faith argument for an extension, modification, or reversal of existing law.
(3) -Conceal or knowingly fail to disclose that which he is required by law to reveal.
(4) -Knowingly use perjured testimony or false evidence.
(5) -Knowingly make a false statement of law or fact.
(6) -Participate in the creation or preservation of evidence when he knows or it is
obvious that the evidence is false.
(7) -Counsel or assist his client in conduct that the lawyer knows to be illegal or
fraudulent.
(8) -Knowingly engage in other illegal conduct or conduct contrary to a Disciplinary
Rule.
(B) -A lawyer who receives information clearly establishing that:
(1) -His client has, in the course of the representation, perpetrated a fraud upon a
person or tribunal shall promptly call upon his client to rectify the same, and if his
client refuses or is unable to do so, he shall reveal the fraud to the affected person
or tribunal, except when the information is protected as a privileged communication.
(2) -A person other than his client has perpetrated a fraud upon a tribunal shall
promptly reveal the fraud to the tribunal.

DR 7-106 Trial Conduct.

(A) -A lawyer shall not disregard or advise his client to
disregard a standing rule of a tribunal or a ruling of a tribunal
made in the course of a proceeding, but he may take
appropriate steps in good faith to test the validity of such rule
or ruling.
(B) -In presenting a matter to a tribunal, a lawyer shall
disclose:
(1) -Legal authority in the controlling jurisdiction known to
him to be directly adverse to the position of his client and
which is not disclosed by opposing counsel.
(2) -Unless privileged or irrelevant, the identities of the
clients he represents and of the persons who employed him.

DR 7-109 Contact with Witnesses.

(A) -A lawyer shall not suppress any evidence that he or his client has a
legal obligation to reveal or produce.
(B) -A lawyer shall not advise or cause a person to secrete himself or to
leave the jurisdiction of a tribunal for the purpose of making him
unavailable as a witness therein.
(C) -A lawyer shall not pay, offer to pay, or acquiesce in the payment of
compensation to a witness contingent upon the content of his testimony or
the outcome of the case.But a lawyer may advance, guarantee, or
acquiesce in the payment of:
(1) -Expenses reasonably incurred by a witness in attending or testifying.
(2) -Reasonable compensation to a witness for his loss of time in attending
or testifying.
(3) -A reasonable fee for the professional services of an expert witness

Every lawyer who has represented MERS

should be held to the pains and penalties of
perjury.
Every one of them has violated the Rules of
Professional Responsibility, and has damaged
the integrity of the legal system. As such,
they MUST be disciplined by the Boards of
Bar Overseers.