LAW OFFICES OF MARTIN S. FRIEDLANDER 10350 Wilshire Blvd. Suite 603 Los Angeles, Ca.

90024 Telephone (310) 435-1519; Fax:(310) 278-7330 E-Mail: msfried315@cs.com August 26, 2011 Ms. Kamala Harris Attorney General State of California James M. Toma Deputy Attorney General 300 South Spring St. Suite 1702 Los Angeles, Ca. 90013 Via Fax Only: 213 897 4951 Re: People v Law Offices etc. LC094571 Dear Mr. Toma: I am writing this letter to you for you to forward to Attorney General Harris and her Los Angeles Assistant AG Jamarah Harris. It appears that you have been instructed by the AG to pursue attorneys who have been profiting on the mortgage foreclosure process in California. If they have acted beyond the law they should be prosecuted. However, that is not the real problem. I have been writing to AG Brown, AG Harris, Asst. AG Jamarah Harris to prosecute the real offenders, namely the Banks and their agents, and MERS, the glue that has perpetuated the greatest Ponzi scheme in the history of the United States. I have been corresponding with Gretchen Morgenson of the NY Times who has just published the best seller Reckless Endangerment which describes in excruciating detail how America was defrauded out of trillions of dollars will a little help from their friends in the revolving door called Government, which has bought and sold the banking industry at taxpayer expense. At the present time 50 State AGs have been conducting a so called investigation of these nefarious activities, for the purpose of negotiating a settlement for a pittance at the instigation of the Obama Administration. The 1

simplest cure would have been an amendment to the Bankruptcy Code of 2005 which precluding a homeowner from placing his home in a Chapter 11 for a cram down of both principal and interest. The attempt to do so failed in the Senate by one vote because as Sen. Levin of Illinois stated the banks own us. That is as true today as it was in 2009. The AG of NY has refused to go along with this scam and he has been tossed by the other 49 AGs, and I assume that AG Harris is one of those AGs. The simple solution is to shut down MERS and you shut down foreclosures. Three State Supreme Courts have acted in this fashion including the Mass. Supreme Court in Ibanez. The DCA of the 4th District tacitly permitted MERS to exist, and I requested AG Harris both personally at a Senator Boxer function, and by many letters, to stop this bloodletting. She and Jamarah and Sen. Boxers staff told me that they would look into this. How much looking into do they need? AG Harris is misdirecting her resources at the attorney profiteers instead of the Banksters who have not been touched, even though they have signed Consent Orders without admitting liability. President Obama is either nave or persuaded by his supporters not to pursue this meltdown in a meaningful way. I suspect that there would be massive capital impairment of the Banks if there was hot pursuit. I have no axe to grind in this area. I dont take cases and I am only seeking Justice for my stepson Anthony Grossman whose home was stolen from him by these banksters and disciplined attorneys such as John Bouzane of Fast Eviction Service I have been an attorney in the State of California since 1965. I am now semiretired. My resume is enclosed for your review. I have been a supporter of the Democratic Party in California since I arrived in 1965. I have supported Governors Pat Brown and Gerry Brown and Senator Boxer throughout their entire careers in politics. I did so out of pure belief in their values and not for any advantage for myself. Now I speak for the State of California. A great malaise has befallen our state economy which needs your attention. The foreclosure rate in California is higher than most states due to the aggressive looting by the home financing industry of this state. An example of this conduct is Countrywide, against whom your office secured for this state a great settlement by virtue of a lawsuit filed by your office. As of todays date at least three State Supreme Courts and many Federal Courts have ruled against MERS, the enabler of the greatest swindle this country has

ever experienced. One of those decisions was the Ibanez case, a copy of which is enclosed herewith. On February 18, 2011, a three Justice panel of the Court of Appeal, Fourth Appellate District, in Case No. D057005 rendered an opinion which tends to legitimize MERS as a nominee beneficiary in almost all Trust Deed issued by Lenders to citizens of the State of California, which were then separated from the NOTE, and then securitized. I have been an advocate against MERS since 2008 due to the articles published by Gretchen Morgenson of the NY Times. When the Gomes decision was published and came to my attention via my reading the news on Bloomberg, I contacted Ehud Gersten, the attorney for Gomes in this misguided decision against the trend of jurisprudence throughout most of the respected judiciaries in the United States, and in particular, the decision of the Massachusetts Supreme Court in Ibanez. This Supreme Court was the Court of that great jurist, Oliver Wendell Holmes before he was elevated to the Supreme Court of the United States. I made a request directly to Attorney General Harris to have your great office consider filing an Amicus Brief to the Supreme Court to overturn the wrongly decided Gomes case. The AG office did nothing and the Supreme Court of California denied a Petition for Review. Mr. Gersten, last week, filed a Cert. Petition with the US Supreme Court citing due process consideration. That Petition is pending. Your office is duty bound to protect the financial interests of the State of California and its political subdivisions. The stated purpose of MERS is to avoid recording deeds in the County Recorders Offices throughout the State of California to avoid paying the recording fees, which is a major source of revenue to each of these counties. Multiply the number of non-recordings in each County by the number of transactions, like assignments, by the number of years this practice has been in force in this State, and you may reach a figure into the billions of dollars. As Yogi Berra would say we wz robbed. Each of the California counties were robbed of these fees and now most of these counties are insolvent. Each County and School District is laying off teachers, police, judges, court assistants, and other employees due to the fact that we wz robbed Then I am sure you have read all of the newspapers which have published articles about so-called lost notes, forged assignments, and perjuries, causing millions of wrongful foreclosures and evictions. That is another human side of this tragedy called robbery and fraud. 3

Another lawsuit by your office is necessary at this time. MERS, which is the acronym for Mortgage Electronic Registration System, has perpetrated a fraud on this state and this country. MERS is the beneficiary nominee of almost 50 million mortgages and trust deeds throughout this nation. Without MERS, the securitization of mortgages by our greedy Wall Street bankers would not have been able to succeed. If MERS is enjoined by your office as Attorney General, you will be able to put an absolute halt to the foreclosures that have plagued the homeowners of this state and have enriched the fat cats of Wall St. The Attorney General of the State of Ohio has filed an injunction lawsuit against MERS to enjoin MERS activities as an unfair trade practice under the laws of Ohio. The Secretary of State has suspended MERS as a foreign corporation doing business in California in 2009. MERS is a cancer that needs to be eradicated. I implore your office to enjoin the plague of foreclosures destroying the fabric of the State of California. An injunction will stop foreclosures in their tracks and is the most effective remedy in the AGs arsenal to put an end to this cancer. PUT MERS OUT OF BUSINESS ALONG WITH THE ATTORNEYS. Prior letters attached.

Respectfully submitted, ______________________________ Martin S. Friedlander, Esq.