jmdenison https://wordpress.com/read/blogs/29589295/posts/15035 Very Good MERS article from Mandelman



https://wordpress.com/read/blogs/29589295/posts/15035
jmdenison
MaryGSykes.com

From GG: the good ship MERS may be going down…for you folks facing those robo signing/false accountings foreclosure cases, read on
23h ago
http://mandelman.ml-implode.com/2011/02/new-bankruptcy-court-decision-sounds-the-alarm-%E2%80%93-the-uss-mers-is-going-down/

This is a pretty funny article about MERS and how it is mostly a full of it mortgage/note handling process that bilks county recorder out of millions in recording mortgage docts per year, plus it can often create havoc in foreclosure/assignment/purchase cases.
read on.
New Bankruptcy Court Decision Sounds the Alarm – The USS MERS is Going Down

Preface…

Before I jump into this decision by a U.S. Bankruptcy Court Judge in New York, I just want to acknowledge that I very rarely write about MERS. And it’s not an accident; I’ve chosen not to do so… until now, anyway.

Perhaps I’ve been wrong not to cover the MERS debacle in greater detail, but the reason I haven’t is that I view some of the issues related to MERS as kind of… well, pedestrian… not to put too fine a point on it.

Other than a few good decisions by courts that have barred MERS from foreclosing, it just seemed to me that the problems presented by MERS could be fixed, and therefore I didn’t want homeowners who read my column to put too much stock in their loan being a MERS loan, as doing much for them if they find themselves at risk of foreclosure.

This decision has done a lot to change my view of MERS and the role it plays in foreclosures. The judge in this case presents a damn strong, if non-binding case why MERS may in fact be a much larger problem than I thought it was.

According to consumer bankruptcy attorney and nationally known foreclosure defense guru, Max Gardner…

“This case may well be the final dagger in the deep dark heart of the MERS business model. MERS has fired its President, R.K. Arnold, and may well terminate its Secretary, William Hultman, but MERS cannot fix the systematic and fundamentally flawed legal issues clearly and succinctly identified by the Court in Agard.”
And so… without further delay, I present to you… the “Agard Decision”.

~~~

The State: New York

The Case: In re: Ferrel L. Agard, Debtor, Chapter 7

The Court: United States Bankruptcy Court, Eastern District of New York

The Judge: The Honorable Robert E. Grossman

The Set Up: U.S. Bank, as the trustee for one First Franklin Mortgage Loan Trust 2006-FF12, Mortgage Pass-Through Certificates, Series 2006-FF12… which all just means that we’re talking about a REMIC trust containing a securitized pool of mortgages… moves to obtain relief from the automatic stay created by a Chapter 7 bankruptcy filing, in order to complete the foreclosure of Ferrel Agard’s home. New York State courts had already ruled and a foreclosure judgment was issued, so now U.S. Bank as trustee just needed to finish things out by obtaining relief from the automatic stay so they can proceed with selling the home.

Records show that the bankruptcy trustee expected a routine, no assets case… file report, collect fee, end of case. U.S. Bank, represented by its loan servicer, Select Portfolio Servicing (“SPS”), who was in turn represented by Buffalo’s most infamous foreclosure mill, Steven J. Baum PC, must have thought about the same… a straight forward foreclosure case, lets get rid of the deadbeats and be home by dinner.

But, in today’s fast changing world of Fraudclosuregate, things are not always as they appear, and crap that flew yesterday may not fly again tomorrow.

The Opposition: On October 27, 2010, the borrower’s attorney filed a single page document on which the type was double-spaced. It was a “partial opposition to the motion for relief from stay” that U.S. Bank had filed, and it suggested to the judge that perhaps there might be some sort of small problem with the MERS assignment. It also, in so many words, posited: Who the heck was Select Portfolio Services and why did they have any role in the case anyway?

After that, one might say… the fit hit the shan.

The Hearing: At a hearing held on November 15, 2010, the judge must have more than just hinted that he was going to look very carefully at this whole MERS thing, because he suggested that the parties might want to consider filing some real legal briefs on the subject, and he made it clear that he would be holding a real hearing on the issues on December 15, 2010, just one month down the road.

The Response: All of a sudden nothing was at it seemed just days before… SPS asks the court for more time and rushes out for reinforcements, bringing in a “tall building” law firm from New York City to replace the relative pikers at Baum’s Mill. The newly retained big city lawyers file a major brief in support of the U.S. Bank/SPS position on December 8th.

Then, on December 9th, MERS shows up, metaphorically at least with lights flashing and sirens blaring, to file an “emergency motion to intervene,” crying in sheer panic that their entire national business model is being attacked and that the result can be nothing less than the end of the world as we all know it.

They bring in a sworn declaration from MERS Treasurer and Corporate Secretary, William Hultman on December 10th, that explains what an entirely fabulous and utterly wonderful invention MERS actually is, and then… I suppose afraid that the one Hultman declaration just might not carry the day they show up with yet another declaration from MERS Treasurer and Corporate Secretary, William Hultman on December 23rd.

In an effort to keep things straight as related to the declarations, we’ll call that one: “Why Everyone Should Love MERS More Than Life Itself… The Sequel.”

The judge then begins to dig into the matter. Perhaps he was waiting for a case such as this one, or perhaps some other forces were in play, but regardless… for MERS… this was the wrong judge on the wrong day.

The Decision: Judge Grossman devotes the first half of his opinion to discussing whether he even has the legal authority to look into how U.S. Bank obtained this mortgage in the first place, since it already had obtained a foreclosure judgment in state court, and because there is an irritating (to Federal judges) and arcane Rooker-Feldman doctrine that prohibits federal courts from interfering with state court judgments.

Alas, our intrepid judge concludes on page 18 of his decision that Rooker-Feldman does in fact preclude him from looking further into the issues that underlie the U.S. Bank foreclosure judgment. And, as a result, Judge Grossman decides that he must grant U.S. Bank’s motion for relief from the bankruptcy automatic stay so that the trustee can complete the foreclosure.

Now, were we talking about most judges, that would represent the end of this proverbial road… the opinion would be dated and signed and I would not be writing about the case now. But we’re not talking about most judges… we’re talking about the Honorable Judge Robert E. Grossman of the U.S. Bankruptcy Court, and he’s apparently not a judge with which one should trifle.

He’s got MERS in his crosshairs, apparently exactly where he wants them, and in the 18 pages that follow his decision to grant the relief from the automatic stay he goes after MERS mercilessly. Attorney Thomas Cox of Portland, Maine, who you may remember from the “GMAC uses robo-signers deposition” that brought foreclosures to a standstill last fall, says that in his opinion…

“He (Judge Grossman) does the most thorough and competent analysis of the MERS charade that I have seen, basically concluding that the entire MERS business model does not comply with our laws, and that he will no longer accept MERS mortgage assignments in his court room.”
It’s a decision that was a delight to see.”</em>
Now, clearly this is a decision that’s worth reading for one’s self… Judge Grossman is one heck of a writer and not one to play patty-cake with MERS or those of the banking persuasion, but I thought I’d at least provide the overview of the decision with “training wheels” for those who aren’t of the mind to wade through the entire text of the decision themselves, or who find these things next to impossible to read and understand.

Here’s the overview of the Memorandum Decision in its entirety… with my clarifications added for those who find them valuable. If you’re a lawyer or just an uber-smartee, just scroll on down to the imbedded document for a copy of Judge Grossman’s decision in its entirety.

The movant is Select Portfolio Servicing, Inc. (“Select Portfolio” or “Movant”), as servicer for U.S. Bank National Association, as Trustee for First Franklin Mortgage Loan Trust 2006-FF12, Mortgage Pass-Through Certificates, Series 2006-FF12 (“U.S. Bank”)

Okay, for now just remember that the servicer is the “Movant.” The rest I already covered above at the very beginning. U.S. Bank N.A. is the trustee for the First Franklin Mortgage Loan Trust… blah, blah, blah… got it? Good, let’s move on…

The Debtor filed limited opposition to the Motion contesting the Movant’s standing to seek relief from stay. The Debtor argues that the only interest U.S. Bank holds in the underlying mortgage was received by way of an assignment from the Mortgage Electronic Registration System a/k/a MERS, as a “nominee” for the original lender.

The Debtor’s argument raises a fundamental question as to whether MERS had the legal authority to assign a valid and enforceable interest in the subject mortgage. Because U.S. Bank’s rights can be no greater than the rights as transferred by its assignor – MERS – the Debtor argues that the Movant, acting on behalf of U.S. Bank, has failed to establish that it holds an enforceable right against the Property.1.

This references the single page, double-spaced document I described that was filed by the borrower’s attorney, called a “partial opposition to the motion top relief from stay”. It raised some questions that the judge would later seek to answer.

The Movant’s initial response to the Debtor’s opposition was that MERS’s authority to assign the mortgage to U.S. Bank is derived from the mortgage itself, which allegedly grants to MERS its status as both “nominee” of the mortgagee and “mortgagee of record.”

Judge Grossman is going to attack this line of reasoning head on in the last 18 pages of his decision. Among many other things, you’ll see him say… “Aside from the inappropriate reliance upon the statutory definition of “mortgagee,” MERS’s position that it can be both the mortgagee and an agent of the mortgagee is absurd, at best.” And there’s a whole lot more where that came from… read on…

The Movant later supplemented its papers taking the position that U.S. Bank is a creditor with standing to seek relief from stay by virtue of a judgment of foreclosure and sale entered in its favor by the state court prior to the filing of the bankruptcy.

The Movant argues that the judgment of foreclosure is a final adjudication as to U.S. Bank’s status as a secured creditor and therefore the Rooker-Feldman doctrine prohibits this Court from looking behind the judgment and questioning whether U.S. Bank has proper standing before this Court by virtue of a valid assignment of the mortgage from MERS.

This is the part that caused Judge Grossman to back down in this particular instance and allow the relief from automatic stay, thus allowing the foreclosure to proceed. Basically, he concludes that he’s not allowed to question the facts that underlie the foreclosure judgment that was previously granted by the state court.

There is also an important footnote (“1”) on the second page that reads as follows:

The Debtor also questions whether Select Portfolio has the authority and the standing to seek relief from the automatic stay. The Movant argues that Select Portfolio has standing to bring the Motion based upon its status as “servicer” of the Mortgage, and attaches an affidavit of a vice president of Select Portfolio attesting to that servicing relationship.

Case law has established that a mortgage servicer has standing to seek relief from the automatic stay as a party in interest. See, e.g., Greer v. O’Dell, 305 F.3d 1297 (11th Cir. 2002); In re Woodberry, 383 B.R. 373 (Bankr. D.S.C. 2008).

This presumes, however, that the lender for whom the servicer acts validly holds the subject note and mortgage. Thus, this Decision will focus on whether U.S. Bank validly holds the subject note and mortgage.

I think the judge is saying that servicers do have standing to seek relief from an automatic stay that results from a borrower filing bankruptcy, but that such standing presumes that the lender being represented by the servicer validly holds the note and mortgage, and that the decision will address that issue.

Okay, you’ve got that part pretty much down, right? Then the decision goes on to say…

The Court received extensive briefing and oral argument from MERS, as an intervenor in these proceedings, which go beyond the arguments presented by the Movant.
This just says that MERS showed up with all guns blazing, arguing that MERS represents all that is right, good and just in the world. The judge isn’t buying though…

In addition to the rights created by the mortgage documents themselves MERS argues that the terms of its membership agreement with the original lender and its successors in interest, as well as New York state agency laws, give MERS the authority to assign the mortgage.

MERS argues that it holds legal title to mortgages for its member/lenders as both “nominee” and “mortgagee of record.” As such, it argues that any member/lender, which holds a note secured by real property, that assigns that note to another member by way of entry into the MERS database, need not also assign the mortgage because legal title to the mortgage remains in the name of MERS, as agent for any member/lender, which holds the corresponding note.

MERS’s position is that if a MERS member directs it to provide a written assignment of the mortgage, MERS has the legal authority, as an agent for each of its members, to assign mortgages to the member/lender currently holding the note as reflected in the MERS database.

Judge Grossman is going to examine all of these arguments and then some in his decision. But before he does that, he’s going to agree that he’s precluded from digging into the facts pertaining to the foreclosure judgment previously obtained in state court, and so he’s going to grant relief from the automatic stay and allow this foreclosure to proceed. And in that regard the judge writes…
For the reasons that follow, the Debtor’s objection to the Motion is overruled and the Motion is granted. The Debtor’s objection is overruled by application of either the Rooker-Feldman doctrine, or res judicata. Under those doctrines, this Court must accept the state court judgment of foreclosure as evidence of U.S. Bank’s status as a creditor secured by the Property. Such status is sufficient to establish the Movant’s standing to seek relief from the automatic stay. The Motion is granted on the merits because the Movant has shown, and the Debtor has not disputed, sufficient basis to lift the stay under Section 362(d).

Next the judge explains that, even though this court is constrained by Rooker-Feldman and the previously obtained state court decision, because there are numerous other cases before this court that present identical issues, and for which there have been no prior dispositive state court decisions, he’s going to look beyond this case’s limitations and publish a decision that addresses the issue of whether the “Movant” has established standing in this case because of the precedential effect it will have on other cases pending before the court. And so he writes…

Although the Court is constrained in this case to give full force and effect to the state court judgment of foreclosure, there are numerous other cases before this Court, which present identical issues with respect to MERS and in which there have been no prior dispositive state court decisions.

This Court has deferred rulings on dozens of other motions for relief from stay pending the resolution of the issue of whether an entity which acquires its interests in a mortgage by way of assignment from MERS, as nominee, is a valid secured creditor with standing to seek relief from the automatic stay.

It is for this reason that the Court’s decision in this matter will address the issue of whether the Movant has established standing in this case notwithstanding the existence of the foreclosure judgment. The Court believes this analysis is necessary for the precedential effect it will have on other cases pending before this Court.

The next paragraph of the judge’s decision is particularly telling. It is Judge Grossman completely disregarding perhaps MERS’ favorite argument, which is that MERS has to be okay because half the mortgages in this country are registered with MERS and if it’s not okay, the whole world will come to an end.

Judge Grossman states his view of this argument in no uncertain terms…

The Court recognizes that an adverse ruling regarding MERS’s authority to assign mortgages or act on behalf of its member/lenders could have a significant impact on MERS and upon the lenders, which do business with MERS throughout the United States.

However, the Court must resolve the instant matter by applying the laws as they exist today. It is up to the legislative branch, if it chooses, to amend the current statutes to confer upon MERS the requisite authority to assign mortgages under its current business practices.

MERS and its partners made the decision to create and operate under a business model that was designed in large part to avoid the requirements of the traditional mortgage recording process. This Court does not accept the argument that because MERS may be involved with 50% of all residential mortgages in the country, that is reason enough for this Court to turn a blind eye to the fact that this process does not comply with the law.
Wow, so you see what he’s saying there, right? It’s worth repeating…

MERS and its partners made the decision to create and operate under a business model that was designed in large part to avoid the requirements of the traditional mortgage recording process. This Court does not accept the argument that because MERS may be involved with 50% of all residential mortgages in the country, that is reason enough for this Court to turn a blind eye to the fact that this process does not comply with the law.
Did you hear that sound? That was the sound of the MERS ship hitting an iceberg and starting to sink. To the lifeboats, banker-people, your ship is sinking, and the water’s damn cold.

And on that note, it’s once again time to Sing-Along with Mandelman! You remember the song from our youth about “How they built the ship Titanic to sail the ocean blue? And they thought they had a ship that the water would never leak through. But the Lord’s almighty hand, knew that ship would never stand… it was sad when the great ship went down. It was sad, so sad… it was sad, so sad…” You remember that one right?

Alrighty then… so, sing it like you mean it… with feeling… and if you don’t want to sing, maybe you should be reading about this stuff on Naked Capitalism, or Firedog Lake… Yves Smith is smarter than all get out, but when was the last time she led you in song?

V1:

Oh they built the good ship MERS, so foreclosures could sail through,

And they thought they had a plan that the courts would never see through,

But some lawyers’ learned hands, showed that MERS just didn’t stand,

We were glad when the MERS ship went down.

~~~

CHORUS:

Oh we were glad, so glad,

We were glad, so glad,

We were glad when the MERS ship went down, to the bottom of the sea…

Many lost homes, but to those who lacked their loans,

We were glad when the MERS ship went down.

~~~

V2:

Oh, they went into the courts, hoping judges were inclined,

To not care exactly how, someone’s loan had been assigned.

Yes, the banks would rue the day, when they wrote that PSA,

We were glad when the MERS ship went down.

~~~

CHORUS:

Oh we were glad, so glad,

We were glad, so glad,

We were glad when the MERS ship went down, to the bottom of the sea…

Many lost homes, but to those who lacked their loans,

We were glad when the MERS ship went down.

~~~

V3:

MERS said it had the right, to do things as it pleased,

But the courts did not agree, and soon homes could not be seized.

Seems laws had important words, and MERS assertions were absurd,

We were glad when the MERS ship went down.

~~~

CHORUS:

Oh we were glad, so glad

We were glad, so glad

We were glad when the MERS ship went down, to the bottom of the sea…

Many lost homes, but to those who lacked their loans,

We were glad when the MERS ship went down.

V4:

Soon the bankers will all see, that fraud is not what prevails,

And they’ll realize their hot air will not fill this nation’s sails,

But the price will have been paid, for their mortgage-backed charade,

We were glad when the MERS ship went down.

~~~

CHORUS:

Oh we were glad, so glad

We were glad, so glad

We were glad when the MERS ship went down, to the bottom of the sea…

Many lost homes, but to those who lacked their loans,

We were glad when the MERS ship went down.

~~~

Okay, so I know there are at least a few people out there singing along with that little ditty from days spent at summer camp or on the school bus while on the way home from a field trip. Maybe next time I’ll work from Bingo Was His Name-O, or 100 bottles of Beer on the Wall.

Meanwhile, you’ve got plenty to do reading Judge Grossman’s decision as provided below. But, before you do, here are a few highlights, once again for those who want the Reader’s Digest Version.

First, from the MERS side of the argument…

In addition to adopting the arguments asserted by the Movant, MERS strenuously defends its authority to act as mortgagee pursuant to the procedures for processing this and other mortgages under the MERS “system.”

First, MERS points out that the Mortgage itself designates MERS as the “nominee” for the original lender, First Franklin, and its successors and assigns.

In addition, the lender designates, and the Debtor agrees to recognize, MERS “as the mortgagee of record and as nominee for ‘Lender and Lender’s successors and assigns’” and as such the Debtor “expressly agreed without qualification that MERS had the right to foreclose upon the premises as well as exercise any and all rights as nominee for the Lender.” (MERS Memorandum of Law at 7).

These designations as “nominee,” and “mortgagee of record,” and the Debtor’s recognition thereof, it argues, leads to the conclusion that MERS was authorized as a matter of law to assign the Mortgage to U.S. Bank.

Although MERS believes that the mortgage documents alone provide it with authority to effectuate the assignment at issue, they also urge the Court to broaden its analysis and read the documents in the context of the overall “MERS System.” According to MERS, each participating bank/lender agrees to be bound by the terms of a membership agreement pursuant to which the member appoints MERS to act as its authorized agent with authority to, among other things, hold legal title to mortgages and as a result, MERS is empowered to execute assignments of mortgage on behalf of all its member banks.

In this particular case, MERS maintains that as a member of MERS and pursuant to the MERS membership agreement, the loan originator in this case, First Franklin, appointed MERS “to act as its agent to hold the Mortgage as nominee on First Franklin’s behalf, and on behalf of First Franklin’s successors and assigns.”

MERS explains that subsequent to the mortgage’s inception, First Franklin assigned the Note to Aurora Bank FSB f/k/a Lehman Brothers Bank (“Aurora”), another MERS member. According to MERS, note assignments among MERS members are tracked via self-effectuated and self-monitored computer entries into the MERS database. As a MERS member, by operation of the MERS membership rules, Aurora is deemed to have appointed MERS to act as its agent to hold the Mortgage as nominee.

Aurora subsequently assigned the Note to U.S. Bank, also a MERS member. By operation of the MERS membership agreement, U.S. Bank is deemed to have appointed MERS to act as its agent to hold the Mortgage as nominee. Then, according to MERS, “U.S. Bank, as the holder of the note, under the MERS Membership Rules, chose to instruct MERS to assign the Mortgage to U.S. Bank prior to commencing the foreclosure proceedings by U.S. Bank.” (Affirmation of William C. Hultman, ¶12).

MERS argues that the express terms of the mortgage coupled with the provisions of the MERS membership agreement, is “more than sufficient to create an agency relationship between MERS and lender and the lender’s successors in interest” under New York law and as a result establish MERS’s authority to assign the Mortgage.

Okay, so that’s much of what MERS has to say about why it’s practices are fine and dandy, now let’s take a quick look at what the judge in this case has to say about the assignment of the note, among other things…

Noteholder Status

In the Motion, the Movant asserts U.S. Bank’s status as the “holder” of the Mortgage.

However, in order to have standing to seek relief from stay, Movant, which acts as the representative of U.S. Bank, must show that U.S. Bank holds both the Mortgage and the Note. Mims, 438 B.R. at 56. Although the Motion does not explicitly state that U.S. Bank is the holder of the Note, it is implicit in the Motion and the arguments presented by the Movant at the hearing.

However, the record demonstrates that the Movant has produced no evidence, documentary or otherwise, that U.S. Bank is the rightful holder of the Note.

Movant’s reliance on the fact that U.S. Bank’s noteholder status has not been challenged thus far does not alter or diminish the Movant’s burden to show that it is the holder of the Note as well as the Mortgage.

Under New York law, Movant can prove that U.S. Bank is the holder of the Note by providing the Court with proof of a written assignment of the Note, or by demonstrating that U.S. Bank has physical possession of the Note endorsed over to it. See, eg., LaSalle Bank N.A. v. Lamy, 824 N.Y.S.2d 769, 2006 WL 2251721, at *1 (N.Y. Sup. Ct. Aug. 7, 2006).

The only written assignment presented to the Court is not an assignment of the Note but rather an “Assignment of Mortgage” which contains a vague reference to the Note.

Tagged to the end of the provisions which purport to assign the Mortgage, there is language in the Assignment stating “To Have and to Hold the said Mortgage and Note, and also the said property until the said Assignee forever, subject to the terms contained in said Mortgage and Note.” (Assignment of Mortgage (emphasis added)).

Not only is the language vague and insufficient to prove an intent to assign the Note, but MERS is not a party to the Note and the record is barren of any representation that MERS, the purported assignee, had any authority to take any action with respect to the Note. Therefore, the Court finds that the Assignment of Mortgage is not sufficient to establish an effective assignment of the Note.

By MERS’s own account, it took no part in the assignment of the Note in this case, but merely provided a database, which allowed its members to electronically self-report transfers of the Note.

MERS does not confirm that the Note was properly transferred or in fact whether anyone including agents of MERS had or have physical possession of the Note. What remains undisputed is that MERS did not have any rights with respect to the Note and other than as described above, MERS played no role in the transfer of the Note.

Absent a showing of a valid assignment of the Note, Movant can demonstrate that U.S. Bank is the holder of the Note if it can show that U.S. Bank has physical possession of the Note endorsed to its name. See In re Mims, 423 B.R. at 56-57.

According to the evidence presented in this matter the manner in which the MERS system is structured provides that, “when the beneficial interest in a loan is sold, the promissory note is transferred by an endorsement and delivery from the buyer to the seller [sic], but MERS Members are obligated to update the MERS® System to reflect the change in ownership of the promissory note. . . .” (MERS Supplemental Memorandum of Law at 6).

However, there is nothing in the record to prove that the Note in this case was transferred according to the processes described above other than MERS’s representation that its computer database reflects that the Note was transferred to U.S. Bank.

The Court has no evidentiary basis to find that the Note was endorsed to U.S. Bank or that U.S. Bank has physical possession of the Note. Therefore, the Court finds that Movant has not satisfied its burden of showing that U.S. Bank, the party on whose behalf Movant seeks relief from stay, is the holder of the Note.

So, the judge is saying things that are very similar to what we’ve all heard before, most recently in the Ibanez Decision by the Massachusetts Supreme Court, and in the New Jersey court decision, Kemp v. Countrywide, among numerous others of late. How was the note assigned, was it endorsed properly, can the trustee even produce any evidence that the trust is the holder of the note?

What it would seem to come down to is quite simple, I think…

Does the trust that thinks that it owns the loan, actually own the loan, and can the trustee produce any evidence that it does own the loan?

If the loan was not properly transferred into the trust, and if there is no evidence that the trust owns the loan in question, then it would seem that the investor bought a mortgage-backed security without the mortgage-backed part, and my guess would be that the investors at this point don’t care about the mortgages… they will want their pound of flesh from the bankers whose massive securities fraud has robbed them of untold billions and destroyed the global financial system.

I’m not a lawyer, but with the first investor lawsuit against Bank of America – Countrywide having been filed just a couple weeks ago, and saying basically that the investor was delivered mortgage-backed securities without the mortgages, that’s how I’m seeing it start to stack up.

Now let’s look at what the judge says about the mortgage itself… you see… it’s supposed to follow the note, but when MERS is in the game, it simply doesn’t.

Mortgagee Status

The Movant’s failure to show that U.S. Bank holds the Note should be fatal to the Movant’s standing.

However, even if the Movant could show that U.S. Bank is the holder of the Note, it still would have to establish that it holds the Mortgage in order to prove that it is a secured creditor with standing to bring this Motion before this Court.

The Movant urges the Court to adhere to the adage that a mortgage necessarily follows the same path as the note for which it stands as collateral. See Wells Fargo Bank, N.A. v. Perry, 875 N.Y.S.2d 853, 856 (N.Y. Sup. Ct. 2009).

In simple terms the Movant relies on the argument that a note and mortgage are inseparable. See Carpenter v. Longan, 83 U.S. 271, 274 (1872).

While it is generally true that a mortgage travels a parallel path with its corresponding debt obligation, the parties in this case have adopted a process, which by its very terms alters this practice where mortgages are held by MERS as “mortgagee of record.”

By MERS’s own account, the Note in this case was transferred among its members, while the Mortgage remained in MERS’s name.

MERS admits that the very foundation of its business model as described herein requires that the Note and Mortgage travel on divergent paths. Because the Note and Mortgage did not travel together, Movant must prove not only that it is acting on behalf of a valid assignee of the Note, but also that it is acting on behalf of the valid assignee of the Mortgage5.

Footnote 5 – MERS argues that notes and mortgages processed through the MERS System are never “separated” because beneficial ownership of the notes and mortgages are always held by the same entity.

The Court will not address that issue in this Decision, but leaves open the issue as to whether mortgages processed through the MERS system are properly perfected and valid liens. See Carpenter v. Longan, 83 U.S. at 274 (finding that an assignment of the mortgage without the note is a nullity); Landmark Nat’l Bank v. Kesler, 216 P.3d 158, 166-67 (Kan. 2009)

(“In the event that a mortgage loan somehow separates interests of the note and the deed of trust, with the deed of trust lying with some independent entity, the mortgage may become unenforceable”).
Yes, you read that last part right. The mortgage may become unenforceable. That’s really the 800-pound Gorilla in the room, isn’t it? Do they own it or not, and if they broke the laws, who wins?

Many people get all upset about the idea that a homeowner could not have to pay their mortgage because the laws were broken related to the transfer of the note and mortgage, but I’m starting to think they’re just a bunch of crybabies. The law is the law and if it says that someone doesn’t owe their mortgage, well… good for them.

We’re a nation built on laws and forged by lawyers, and there have been a lot of unpopular decisions that rightly stood because they upheld our nation’s laws… Brown v. The Board of Education comes immediately to mind, but there are many.

We need our plaintiff’s lawyers, our judges and our courts, if we’re going to live through what’s ahead of us. We certainly can’t depend on our legislature or our executive branches… they have, for the most part, been bought and paid for… our system is corrupt with the money of lobbyists. Only our laws and our courts can see us through this, and I’m willing to abide by whatever they say follows the law.

Okay, so here’s just a bit more from Judge Grossman’s analysis and conclusion…

MERS asserts that its right to assign the Mortgage to U.S. Bank in this case, and in what it estimates to be literally millions of other cases, stems from three sources: the Mortgage documents; the MERS membership agreement; and state law.

In order to provide some context to this discussion, the Court will begin its analysis with an overview of mortgage and loan processing within the MERS network of lenders as set forth in the record of this case.

In the most common residential lending scenario, there are two parties to a real property mortgage – a mortgagee, i.e., a lender, and a mortgagor, i.e., a borrower. With some nuances and allowances for the needs of modern finance this model has been followed for hundreds of years.

The MERS business plan, as envisioned and implemented by lenders and others involved in what has become known as the mortgage finance industry, is based in large part on amending this traditional model and introducing a third party into the equation.

MERS is, in fact, neither a borrower nor a lender, but rather purports to be both “mortgagee of record” and a “nominee” for the mortgagee.

MERS was created to alleviate problems created by, what was determined by the financial community to be, slow and burdensome recording processes adopted by virtually every state and locality. In effect the MERS system was designed to circumvent these procedures. MERS, as envisioned by its originators, operates as a replacement for our traditional system of public recordation of mortgages.

MERS argues that it had full authority to validly execute the Assignment of Mortgage to U.S. Bank on February 1, 2008, and that as of the date the foreclosure proceeding was commenced U.S. Bank held both the Note and the Mortgage.

However, without more, this Court finds that MERS’s “nominee” status and the rights bestowed upon MERS within the Mortgage itself are insufficient to empower MERS to effectuate a valid assignment of mortgage.

There are several published New York state trial level decisions holding that the status of “nominee” or “mortgagee of record” bestowed upon MERS in the mortgage documents, by itself, does not empower MERS to effectuate an assignment of the mortgage.

However, the rules lack any specific mention of an agency relationship, and do not bestow upon MERS any authority to act. Rather, the rules are ambiguous as to MERS’s authority to take affirmative actions with respect to mortgages registered on its system.
That’s pretty clear, I think. MERS, you’re going down.

In addition to casting itself as nominee/agent, MERS seems to argue that its role as “mortgagee of record” gives it the rights of a mortgagee in its own right.

MERS relies on the definition of “mortgagee” in the New York Real Property Actions and Proceedings Law Section 1921, which states that a “mortgagee” when used in the context of Section 1921, means the “current holder of the mortgage of record . . . or their agents, successors or assigns.” N.Y. Real Prop. Acts. L. § 1921 (McKinney 2011).

The provisions of Section 1921 relate solely to the discharge of mortgages and the Court will not apply that definition beyond the provisions of that section in order to find that MERS is a “mortgagee” with full authority to perform the duties of mortgagee in its own right.

Aside from the inappropriate reliance upon the statutory definition of “mortgagee,” MERS’s position that it can be both the mortgagee and an agent of the mortgagee is absurd, at best.

Okay, so some of that gets a little technical, I agree, but the last sentence is about as straightforward as it gets… MERS’s position that it can be both the mortgagee and an agent of the mortgagee is absurd, at best. And wait… there’s just a little bit more…

Adding to this absurdity, it is notable in this case that the Assignment of Mortgage was by MERS, as nominee for First Franklin, the original lender.

By the Movant’s and MERS’s own admission, at the time the assignment was effectuated, First Franklin no longer held any interest in the Note.

Both the Movant and MERS have represented to the Court that subsequent to the origination of the loan, the Note was assigned, through the MERS tracking system, from First Franklin to Aurora, and then from Aurora to U.S. Bank. Accordingly, at the time that MERS, as nominee of First Franklin, assigned the interest in the Mortgage to U.S. Bank, U.S. Bank allegedly already held the Note and it was at U.S. Bank’s direction, not First Franklin’s, that the Mortgage was assigned to U.S. Bank.

Said another way, when MERS assigned the Mortgage to U.S. Bank on First Franklin’s behalf, it took its direction from U.S. Bank, not First Franklin, to provide documentation of an assignment from an entity that no longer had any rights to the Note or the Mortgage.

The documentation provided to the Court in this case (and the Court has no reason to believe that any further documentation exists), is stunningly inconsistent with what the parties define as the facts of this case.

However, even if MERS had assigned the Mortgage acting on behalf of the entity which held the Note at the time of the assignment, this Court finds that MERS did not have authority, as “nominee” or agent, to assign the Mortgage absent a showing that it was given specific written directions by its principal.

This Court finds that MERS’s theory that it can act as a “common agent” for undisclosed principals is not support by the law.

The relationship between MERS and its lenders and its distortion of its alleged “nominee” status was appropriately described by the Supreme Court of Kansas as follows: “The parties appear to have defined the word [nominee] in much the same way that the blind men of Indian legend described an elephant – their description depended on which part they were touching at any given time.”

For all of the foregoing reasons, the Court finds that the Motion in this case should be granted. However, in all future cases, which involve MERS, the moving party must show that it validly holds both the mortgage and the underlying note in order to prove standing before this Court.

February 10, 2011

Hon. Robert E. Grossman United States Bankruptcy Judge
~~~

It’s very important to realize that the judge’s findings related to MERS in this case are NOT BINDING ON ANY COURT.

As foreclosure defense attorney Thomas Cox explains:

“Judge Grossman’s findings about MERS are not binding on anyone, because they did not resolve any issue in the case where Rooker-Feldman blocked that inquiry.”
Cox says he won’t be surprised if the MERS/securitization/foreclosure industry spin mentions this point since the law prohibited the judge from going behind the judgment to see how U.S. Bank got the mortgage, then it also prohibited making binding findings about the MERS issue.

Cox further points out…

“On the other hand, with that being so, I am highly doubtful that U.S. Bank and Select Portfolio Servicing could appeal from those MERS holdings because their position in the case was not affected by them. While the judge did allow them to intervene, since the judge’s opinions about MERS are not binding on any court, I do not see how MERS could effectively argue that it suffered a legally cognizable harm. If and when Judge Grossman, or some other judge, in some other case uses the rationale laid out by Judge Grossman to nullify a MERS mortgage assignment, only then will a trustee and/or MERS have any ability to appeal the issue.”
Okay, so that about covers it, I’d say. Below you’ll find the Judge Grossman’s decision in its entirety, and hat tip to attorney Thomas Cox of Portland, Maine for bringing this decision to my attention, helping me to understand it, and continuing to go after the bastards with the strength and tenacity of a Mainer.

Mandelman out.

In re: Ferrel L. Agard, Debtor
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Be Safe Don’t Eat the Fish Or Food From West Coast!


http://www.thelibertybeacon.com/2013/01/22/the-radiation-warnings-you-wont-get-from-the-mainstream-propaganda-machine/

The Radiation Warnings You Won’t Get from the Mainstream Propaganda Machine

Published January 22, 2013, filed under ENVIRONMENT, HEALTH

The mainstream media and the federal government will soon have the blood of the world on it’s hands.

Radiation from the Fukushima Nuclear Plant disaster in Japan is now actively in the ecosystem all along the North American west coast… even the sea weed is now radiated.  The Vancouver Sun reported one year ago that the seaweed tested from waters off the coast of British Columbia were 4 times the amount considered safe.  No further test results were released after the initial report.

The governments of the United States and Canada are not conducting tests for radioactivity – at least not to the knowledge of the public.  Secretary of State Hillary Clinton has agreed to continue purchasing seafood from Japan, despite the fact that the food is not being tested for radioactive contamination.  Last November, independent testing in Japan showed 65 per cent of the catches tested positive for cesium (a radioactive material).  Instead of refusing to purchase the poisoned fish, food safety agencies in both the United States and Canada have simply raised the “acceptable level of radiation.”  We can’t go offending the Japanese after promising to buy their tainted goods, now can we?

After the North American governments refused to fund testing, oceanographer Ken Buesseler, a senior scientist at the non-profit Woods Hole Oceanographic Institution in Woods Hole, Mass, along with Nicholas Fisher, a marine sciences professor at the State University of New York at Stony Brook, and other concerned scientists, managed to secure private funding for a Pacific research voyage.  The results?

Cesium levels in the Pacific had initially gone up an astonishing 45 million times above pre-accident levels. The levels then declined rapidly for a while, but after that, they unexpectedly levelled off.

In July, cesium levels stopped declining and remained stuck at 10,000 times above pre-accident levels.

This means the ocean isn’t diluting the radiation as expected. If it had been, cesium levels would have kept falling.

The finding suggests that radiation is still being released into the ocean long after the accident in March, 2011.

Less than two weeks after the tsunami and subsequent nuclear disaster, Michael Kane, an investigative journalist, reported, “In the wake of the continuing nuclear tragedy in Japan, the United States government is still moving quickly to increase the amounts of radiation the population can “safely” absorb by raising the safe zone for exposure to levels designed to protect the government and nuclear industry more than human life.”

The radiation has absolutely reached the shores of North America.  Water samples from across the continent have tested positive for unsafe levels of radioactivity.  The levels exceeded federal drinking water thresholds, known as maximum contaminant levels, or MCL, by as much as 181 times.”This means that the complete ecosystem of the Pacific Ocean is now poisoned with radiation and we aren’t being warned.

Samples of milk taken across the United States have shown radiation at levels 2000 percent higher than EPA maximums.  The reason that milk is so significant is that it it representative of the entire food supply.  According to an article published on Natural News, “Cows consume grass and are exposed to the same elements as food crops and water supplies. In other words, when cows’ milk starts testing positive for high levels of radioactive elements, this is indicative of radioactive contamination of the entire food supply.”

The GMO Food and Drug Pushers Administration and the EnvironmentalDeception Protection Agency, instead of refusing to prohibit the sale of tainted foods and mandatory testing of foods produced and harvested from the Pacific Coast, have simply raised the “acceptable levels”  of radioactive material in foods.

Clearly, the “it’s-all-for-your-own-good” government will not protect us, or even inform us of the dangers so we can protect ourselves, because it might dip into the pockets of the global elite, the nuclear energy industry, and the food industries.  There is big money behind this cover-up. Refusing to purchase and consume their tainted goods is the best way to fight back, while keeping our families safe and healthy.

How can we protect ourselves? First, be aware of what items are likely to be highly tainted.

1.)  SEAFOOD:  Question the origin of ALL seafood.  Fish and crustaceans from the Pacific Ocean should all be considered to be poisoned with radiation.

2.)  WATER:  The rainfall and snowfall are all radiated.  Do not drink any water that has not been filtered.   The tap water that flows from your faucet has NOT been treated to rid it of radioactive particles. A recent report from the NY Times stated, “A rooftop water monitoring program managed by UC Berkeley’s Department of Nuclear Engineering detected substantial spikes in rain-borne iodine-131 during torrential downpours …

3.) DAIRY PRODUCTS:  Milk and milk products from the West Coast states currently have the highest levels of radiation in North America.

4.)  PRODUCE:  Leafy Vegetables, Wines, Tomatoes, Strawberries….all produce from California or any other West Coast State are also likely to be tainted.

5.)  MEAT:  If a animal eats any leafy vegetable all along the West Coast, that animal has consumed radiation, and is poisoned.  This is any animal from cows, pigs, goats, sheep to wild deer and other game.

If you eat the above foods from areas with high radiation levels, you are eating radiation and feeding it to your children. Slowly the radiation levels within your body will build up.  This is PERMANENT.

Infant mortality rates across the United States have increased by more than 35% since the nuclear disaster, according to a court statement by Dr. with independent scientist Leuren Moret, MA, PhD.  A study published in The International Journal of Medicine indicates that more than 20,000 deaths right here in North America can be directly attributed to the release of radioactive material from Fukushima.

Radioactive isotopes of the type released from Fukushima have a half life of 30,000 years.  This means that we must permanently change the way we prepare our food.

  • Wash your food with soap and rinse it in filtered water. 
  • Be aware of the origins of your vegetables, fish, game and seafood.
  • Keep abreast of radiation levels to help monitor where your food is acquired.
  • Use only filtered water for drinking, cooking and ice.

Read original here: http://www.shtfplan.com/headline-news/the-radiation-warnings-you-wont-get-from-the-mainstream-propaganda-machine_04022012

Millions/Tons Creatures Dying From Mexico to Alaska, Will Not Admit Fukushima Is Cause


Pacific “Horror Show”, From Mexico To Alaska: Millions/Tons Creatures Dying

Thursday, May 29, 2014 13:45
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(Before It’s News)

Scientists are making progress trying to figure out what is causing the mass die-off of sea stars along the entire West Coast of North America. Research suggests an infection is partly responsible for the sickness.

Pacific “Horror Show”, From Mexico To Alaska:  Millions/Tons Creatures Dying

Dear world

The horror show of death continues from approx 2011 onwards… it’s not the death that is horrific… while it very unfortunate…it’s the lack of response from billions of people… who feel they can not do anything…

It is time for each of us, to do more.. to envision a clean planet… your visions of a clean planet, are more important than envisioning a dirty planet… we already achieved that… now we use our ability to envision, to clean up this joint!  Are you powerful enough to envision something that the majority are unable to envision?

Watch the mainstream media come up with syndrome and causes…. anything BUT FUKUSHIMA RADIATION.

Use the violet flame!

How Does the Violet Flame Work?


Saint Germain explains that the violet flame has the ability to change physical conditions because, of all the flames, the violet is closest in vibratory action to the components of matter. “The violet flame can combine with any molecule or molecular structure, any particle of matter known or unknown, and any wave of light, electron or electricity,” he says. Wherever people gather together to give violet-flame prayers, “there you notice immediately an improvement in physical conditions.”

more…. and worth knowing I might add… http://thegoldenlightchannel.com/the-violet-flame-power-of-transmutation

Remember… together we are victorious!

Indian in the machine

 

 

California

Marina Del Rey’s “Horror Show”: Pelican and Anchovy Dieoff

Los Angeles Local News | FOX 11 LA KTTV

 

Bizarre creature’ turned 50 miles of California coast into graveyard in summer 2011 — Gov’t Biologist: Die-off like this never seen here — “Abalone massacre… carcasses of urchins, starfish, other mollusks” — Experts find “alterations in 30 genes, some unknown to science” — “Suddenly proliferating… killing wildlife” (PHOTO)

http://enenews.com/bizarre-creature-turned-50-mile-stretch-of-california-coast-into-graveyard-in-summer-2011-govt-biologist-die-offs-like-this-very-rare-weve-never-seen-it-here-abalone

BC-Mexico: Sea stars,  BC: Oysters and scallops

VANCOUVER – Scientists are making some headway in figuring out what is killing millions of sea stars in the waters off the Pacific coast, from British Columbia to Mexico.

http://www.huffingtonpost.ca/2014/05/04/sea-star-wasting-syndrome-pathogen_n_5261880.html​

 

Globe and Mail, Feb. 27, 2014: Mystery surrounds massive die-off of oysters and scallops off B.C. coast […] Something is killing oysters and scallops in dramatic numbers […] The cause is unknown, but ocean acidification is the main suspect. […] last year, nearby Pendrell Sound had a massive die-off of wild oysters. […] [Rob Saunders, CEO of Island Scallops] has lost 10 million scallops over the past two years, and smaller companies have had similar problems. Mr. Saunders is pushing for a research project to find out what’s happening. […] one of BC’s biggest suppliers of fresh seafood, said the scallop die-off has rung alarm bells.

CBC, Feb. 25, 2014: The deteriorating health of B.C.’s oceans […] Millions of shellfish are dying off before they can be harvested at Island Scallops […] researchers will try to determine if acidification is to blame or if other factors are at play.

http://enenews.com/alarm-bells-massive-die-off-of-oysters-and-scallops-in-pacific-northwest-millions-of-shellfish-are-dying-by-july-mortality-hit-95-to-100-per-cent-deformed-shells-smaller-in-si

 

Alaska – Seals and Walrus

‘Mystery disease’ on Pacific coast of Alaska — Livers ‘crumble’… Hearts enlarged, pale… Yellow lymph nodes… Blood-filled lungs (PHOTOS) — Professor: Worrying there’s no answers, big public health concern — Testing carcasses for Fukushima radioactivity (AUDIO)

 

KNOM, May 14, 2014: Mysterious illness that’s been plaguing seals [first hit] the Bering Strait and the North Slope starting in the summer of 2011. Up to 300 seals were found suffering from hair loss, skin sores, and unusually lethargic behavior. Dozens of walruses were also found with similar sores [causing] marine mammal regulators to declare an Unusual Mortality Event […] walrus have been taken off the UME […] Seals [are still] displaying hair loss […] University of Alaska Fairbanks have begun testing infected seal carcasses for [Fukushima] radiation […] Results should be released in July.

Gay Sheffield, University of Alaska Fairbanks: The lack of answers is worrying. “This has been a big food security, public health concern.”

NOAA (pdf), May 12, 2014: UME will remain open for ice seals (ringed seals, ribbon seals, bearded seals, spotted seals) — based on continued reports of […] disease symptoms

Alaska Dispatch, May 13, 2014: An investigation into a mysterious disease that caused skin lesions and hair loss among Alaska and Russian walruses has been closed without identifying the root cause […] The potential causes looked into […] infections and endocrine disruptions. Also investigated was the possibility of contamination from the Fukushima nuclear plant […] A preliminary investigation in 2012 concluded that radioactive contamination was not the likely cause. Investigators are now looking at the possibility of multiple causes [according to NOAA,] “the theory is that a number of factors contributed to the illness.”

http://enenews.com/govt-diseased-seals-along-pacific-coast-of-alaska-experts-livers-crumble-hearts-enlarged-and-pale-yellow-lymph-nodes-blood-filled-lungs-photos-professor-worrying-ther

 

Is the radiation high enough or should we continue to party?

Japan Times: Fukushima fallout in N. America at 400,000,000,000,000 Bq of Cesium-137 — Study: Hazardous on a ‘continental scale’ — Physicist: “Cancer a certainty” if one radioactive particle ingested — CBS: Inaccurate internet reports stoked fear radiation had somehow come our way (VIDEO)

http://enenews.com/japan-times-fukushima-fallout-america-estimated-400000000000000-bq-cesium-137-experts-hazardous-consequences-continental-scale-physicist-cancer-certainty-one-radioactive-particle-inhaled-ingeste

CA Federal Judge Illston Sends FBI a Message


Judge rules secret FBI national security letters unconstitutional

fbiwarantless12z.jpg

Feb. 10, 2009: The main headquarters of the FBI, the J. Edgar Hoover Building, in Washington, DC.AP

A federal judge has struck down a set of laws allowing the FBI to issue so-called national security letters to banks, phone companies and other businesses demanding customer information.

U.S. District Judge Susan Illston said the laws violate the First Amendment and the separation of powers principles and ordered the government to stop issuing the secretive letters or enforcing their gag orders, The Wall Street Journal reported.

The FBI almost always bars recipients of the letters from disclosing to anyone — including customers — that they have even received the demands, Illston said in the ruling released Friday.

The government has failed to show that the letters and the blanket non-disclosure policy “serve the compelling need of national security,” and the gag order creates “too large a danger that speech is being unnecessarily restricted,” the San Francisco-based Illston wrote.

A Department of Justice spokesman told the Journal the department was “reviewing the order.”

FBI counter-terrorism agents began issuing the letters, which don’t require a judge’s approval, after Congress passed the USA Patriot Act in the wake of the Sept. 11, 2001, attacks.

The case arises from a lawsuit that lawyers with the Electronic Frontier Foundation filed in 2011 on behalf of an unnamed telecommunications company that received an FBI demand for customer information.

“We are very pleased that the court recognized the fatal constitutional shortcomings of the NSL statute,” EFF lawyer Matt Zimmerman said. “The government’s gags have truncated the public debate on these controversial surveillance tools. Our client looks forward to the day when it can publicly discuss its experience.”

Illston wrote that she was also troubled by the limited powers judges have to lift the gag orders.

Judges can eliminate the gag order only if they have “no reason to believe that disclosure may endanger the national security of the United States, interfere with a criminal counter-terrorism, or counterintelligence investigation, interfere with diplomatic relations, or endanger the life or physical safety of any person.”

That provision also violated the Constitution because it blocks meaningful judicial review.

Illston ordered the FBI to cease issuing the letters, but put her order on hold for 90 days so the U.S. Department of Justice can appeal to the 9th U.S. Circuit Court of Appeals.

Illston isn’t the first federal judge to find the letters troubling. The 2nd U.S. Circuit Court of Appeals in New York also found the gag order unconstitutional, but allowed the FBI to continue issuing them if it made changes to its system such as notifying recipients they can ask federal judges to review the letters.

Illston ruled Friday that it’s up to Congress, and not the courts, to tinker with the letters.

In 2007, the Justice Department’s inspector general found widespread violations in the FBI’s use of the letters, including demands without proper authorization and information obtained in non-emergency circumstances. The FBI has tightened oversight of the system.

The FBI made 16,511 national security letter requests for information regarding 7,201 people in 2011, the latest data available. The FBI uses the letters to collect unlimited kinds of sensitive, private information like financial and phone records.

The Associated Press contributed to this report.

Things Don’t Look Good For the World, Fukushima Killing Us Quietly


New study reveals deaths and mutations ”increased sharply’ from exposure to Fukushima contamination, “especially at low doses” — ‘Small’ levels of cesium may be ‘significantly toxic’ — Smithsonian: “In other words, things don’t look good for the animals living around Fukushima”

 
Published: May 15th, 2014 at 3:14 pm ET 
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http://enenews.com/just-in-new-study-reveals-sharp-increase-in-deaths-and-mutations-from-exposure-to-fukushima-contamination-especially-at-low-doses-small-levels-of-cesium-may-be-significantly-toxic?utm_source=feedburner&utm_medium=feed&utm_campaign=Feed%3A+ENENews+%28Energy+News%29
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Smithsonian Magazine, May 14, 2014: Even Tiny Amounts of Radioactive Food Made Caterpillars Become Abnormal Butterflies […] Researchers in Japan […] discovered, even a small amount of radiation is too much. […] The scientists collected plant material from around Fukushima and fed it to pale grass blue butterfly caterpillars. When the caterpillars turned into butterflies, they suffered from mutations and were more likely to die early [… even if they] had only eaten a small amount of artificial caesium […] In other words, things don’t look good for the animals living around Fukushima.

Nature — Scientific Reports (pdf), Published May 15, 2014: [We] examined possible relationships between the dose of ingested cesium per larva and the mortality and abnormality rates. Both the mortality and abnormality rates increased sharply, especially at low doses […] the mortality and abnormality rates increased sharply, especially at low doses. Additionally, there seemed to be no threshold level below which no biological response could be detected. […] the dose-response data suggests that the relatively small level of artificial cesium from the Fukushima Dai-ichi NPP may be significantly toxic to some individuals in butterfly populations […] the half lethal [i.e. LD50, amount that will kill 50% of a test subjects] dose [is 1.9 Bq per larva] and the half abnormal dose [is 0.76 Bq per larva] […] relatively small [levels] of artificial cesium from the Fukushima Dai-ichi NPP may be significantly toxic to some individuals in butterfly populations […] we assert that the half lethal and abnormal doses we obtained were quite high. […] it should be noted that we sampled contaminated leaves from Fukushima City, which many people inhabit as though nothing had happened […] Implications of the half lethal and abnormal doses we obtained in the present study will impact future discussions on the effects of radioactive exposure on other organisms, including humans. […] In conclusion, it is important to recognize the risk of internal radiation exposure due to ingested radioactive cesium, at least for the pale grass blue butterfly, and likely for certain other organisms living in the polluted area, possibly including humans. […]

View the study published by Nature here (pdf)

Published: May 15th, 2014 at 3:14 pm ET
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HOW FRIGGIN STUPID DO THEY THINK WE ARE? April 18, 2004; April 20, 2014; May 04, 2014


NBC: Record level of sick or injured California seals and sea lions turning up — “The numbers are extraordinary” — “Scientists worried… The worst kind of perfect storm” — Pups should be weighing 2 or 3 times as much, “severely malnourished” (VIDEO)

Published: April 18th, 2014 at 11:10 pm ET
By 
http://enenews.com/nbc-record-level-of-seals-sea-lions-turning-up-sick-or-injured-in-california-the-numbers-are-extraordinary-scientists-worried-the-worst-kind-of-perfect-storm-severely-malnouris
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NBC Bay Area, Apr. 18, 2014: Seals and sea lions in California are turning up sick or injured at a record pace this year. Sausalito’s Marine Mammal Center has more animals in its care right now than ever before in its 39-year history. There are three factors at play: First of all, this is the time of year when pups get stranded or separated from their mothers for an unknown reason. Also last year’s sea lion epidemic sent malnourished, sick pups onto California shores at record levels. On top of that, a Monterey Bay algae bloom is making a lot of animals sick. Experts say it’s creating the worst kind of perfect storm.

NBC Southern California, Apr. 17, 2014: Scientists Worry Sea Lion Epidemic May Return […] Marine scientists are worried about the increasing number of sick, often severely malnourished, sea lions showing up at a San Pedro care facility. […] An increase in the number of stranded sea lion pups in Southern California has scientists and marine mammal experts asking the question, “Could it be happening again?” […] The center was caring for more than 200 mammals Thursday, most of them California sea lion pups. […] During a normal year, in comparison, the center takes in about 250 animals total. […] Experts hope what they were dealing with last year was an anomaly rather than a new normal for California’s sea lion pup population.

Kaitlin Rixon, National Marine Mammal Foundation volunteer: “Right now, when we are doing intake, we are seeing the sea lion pups to be around 20 pounds. They should be around 50 pounds, so they are severely malnourished.”

David Bard, director of Marine Mammal Care Center in San Pedro: “It was definitely linked to food availability or the distribution of their normal food source last year.[…] Is it related to human activity along the coastline […] or is it something of a natural source?”

Jeff Boehm, Marine Mammal Center in Sausalito: The numbers are extraordinary […] “Out of the gates this year, it’s a record-setting pace. We don’t know what May is going to bring us yet. We don’t what June is going to bring us yet. We’ve had peaks of activity as late as October.”

See also: L.A. Times: Alarming West Coast sardine crash likely radiating through ecosystem — Experts warn marine mammals and seabirds are starving, may suffer for years to come

Watch NBC’s Bay Area broadcast here and Southern California broadcast here

 

CBS San Francisco: Record number of sick seals & sea lions — Doctor: A lot with “large pockets of green and yellow puss all over their body” (PHOTO & VIDEOS)

Published: April 20th, 2014 at 4:49 pm ET
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http://enenews.com/cbs-san-francisco-record-number-of-seals-sea-lions-have-become-sick-doctor-we-found-a-lot-with-large-pockets-of-green-and-yellow-puss-all-over-their-body-photo-videos
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CBS San Francisco, Apr. 16, 2014: Marine Mammal Center Says More Animals In Need Than Ever Before […] Walking among the pens of California sea lions, elephant seals and harbor seals, Marine Mammal Center spokeswoman Laura Sherr said they expect to have 200 mammals by the end of the week, which will be a per-day record.

CBS Video Title: A record number of seals and sea lions have become sick and are being treated at the Marine Mammal Center in Sausalito >> Full broadcast here

KCBS Radio, Apr. 16, 2014 — Marine Mammal Center spokeswoman Laura Sherr: “Right now we have in hand, live animals, 194.” […] The previous per day record for patients at the facility was 179. >> Full broadcast here

USC Impact, Kaysie Ellingson, Mar. 27, 2014: An environmental problem threatens the lives of sea lions on the California coast

At 8:30 in

Rescue and rehabilitation wasn’t the [California Wildlife Center’s] only responsibility. Much of their work dealt with the pups that had died.

Duane Tom, veterinarian at the California Wildlife Center: “We were doing a lot of necropsy for them. We found a lot with abscesses — there were just large pockets of green and yellow puss all over their body — whether it’s in their lungs, in their liver. It looks like they got sick systemically.”

 

 

Alarm as record numbers of seals & sea lions ‘starving to death’ along California coast — “It’s just spiked… calls started coming nonstop” — “So many unhealthy… washing ashore” — “Extremely complex issue… multitude of factors in play” — “Definitely a mystery, we’re hoping it’s not the new norm”

Published: May 4th, 2014 at 6:28 pm ET
By 
http://enenews.com/newspapers-alarm-as-record-numbers-of-young-seals-sea-lions-starving-to-death-along-california-coast-so-many-unhealthy-sea-lions-are-washing-ashore-in-the-last-month-its-just-s
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Orange County Register, May 2, 2014: Sea lions are […] washing ashore, many of them pups dehydrated, malnourished and on the brink of death. The year started off quieter than last year, and the Pacific Marine Mammal Center’s director of development, Melissa Sciacca, thought they were in the clear – until about a month ago, when the calls started coming in nonstop. […] “We thought it was going to be a nice calm year; in the last month it’s just spiked,” she said. “The rescues just keep coming in at a steady pace.” It’s the second year stranded sea lions have been reported in alarming numbers. […] Last year, scientists tested for radioactivity, and it was determined that wasn’t the cause, and infectious disease was also ruled out.

San Francisco Chronicle, May 3, 2014: Young seals, sea lions starving in record numbers — Rescuers are scrambling to save a record number of young sea lions and seals along California’s northern and central coast while scientists work to understand why the animals are beaching themselves […] The emaciated and dehydrated pups are turning up along the 600 miles of coastline from Mendocino to San Luis Obispo monitored by the Marine Mammal Center. Many are too weak to move after washing ashore […] As of Wednesday, the center had brought in 429 California sea lions, elephant seals, harbor seals and fur seals this year. That’s well above the 291 animals admitted by the same date last year […] Southern California witnessed an almost 70 percent die-off of young sea lions – those born in summer 2012 – near the Channel Islands, where most American sea lions breed.

Sharon Melin, NOAA biologist: “In 2013, it was only the young animals that tried to do it on their own […] this year there’s lots of stranding going on, but those are a different age-class of pups.”

Dr. Shawn Johnson, Marine Mammal Center: “The ones we are seeing are basically starving to death […] It’s definitely a mystery. We’re hoping it’s not the new norm.”

Coastline Pilot, May 1, 2014: “In the last month we’ve seen the rescues spike,” [Pacific Marine Mammal Center’s Keith Matassa] said. […] Researchers are still trying to determine why so many unhealthy sea lions are washing ashore. “The reasons behind the animal strandings are an extremely complex issue,” Matassa said. “Although there is a leading theory that their food source is playing a significant role, there are a multitude of factors that come in to play.”

“Starving to death”? From last week: SF Chronicle: “Unbelievable hordes” of fish near California coast; Most birds, sea lions, dolphins, whales anywhere — Expert: ‘Off the charts’ pelican population “highly unusual… could reflect breeding failures elsewhere”; “Abnormal ocean conditions” to blame?

 


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SF Chronicle: “Unbelievable hordes” of fish near California coast; Most birds, sea lions, dolphins, whales anywhere — Expert: ‘Off the charts’ pelican population “highly unusual… could reflect breeding failures elsewhere”; “Abnormal ocean conditions” to blame?
Published: May 1st, 2014 at 9:34 am ET
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San Francisco Chronicle, Apr. 26, 2014: In the past year, Monterey Bay has become the richest marine region on the Pacific Coast. In the past three weeks, it has reached a new peak with unbelievable hordes of anchovies, along with other baitfish, and with it, the highest numbers of salmon, marine birds, sea lions, gray whales, humpback whales and orcas anywhere. The bay ignited with life […] upwelling in the underwater canyon and jump-started the marine food chain. […] A week ago Monday, the humpbacks and killer whales arrived. Tony Lorenz on the Sea Wolf sent me an alert, that he saw 50 humpback whales […] A school of Pacific white-sided dolphin, numbering over a thousand, has also been sighted […] the orcas found a mother gray whale with a calf […] dragged the baby whale below the surface and drowned it […] In the past few days, Lorenz reported another attack, where the orcas dragged a carcass of a baby whale around for hours, and then when a sea lion showed up to see what was going on, it got nailed, too.

Point Reyes Light, May 1, 2014: Large schools of baitfish off the coast of Point Reyes, presenting a feast for birds and sea mammals and a strange sight for locals […] An avian ecologist with Petaluma-based Point Blue said that “off the charts” numbers of pelicans in the area last month might also point to abnormal ocean conditions and a coming El Niño […] Bolinas resident Burr Heneman wrote […] he had only seen such a massive baitfish [sardines] event in Bolinas a few times in the past 40 years, and never in the spring—only in July or August, and only with anchovies. […] Large sardines […] might not typically reach this area until June, said Russ Vetter, a senior scientist at NOAA […] Reports early this year described a decline of the sardine fishery off the southern California coast […] crews reportedly struggled to find sardines and typically picked up larger and more mature ones when they caught any at all. Sardines don’t typically come so close to the coast when they pass through the area because of the inhospitable cold waters […] upwelling began in March—within the normal range […] avian ecologist with Point Blue, Dave Shuford, wrote to the Light that the number of pelicans seen at Bolinas Lagoon was highly unusual for this time of year. That could reflect breeding failures elsewhere, he said […]

Dave Shuford, avian ecologist: “Although occurrence of pelicans in the (hundreds) is not unprecedented in the Point Reyes area in April, the numbers seen the other day appear to be […] about 2,600 pelicans at Bolinas Lagoon on Sunday, which is off charts, I think, for April.”

See also: Experts: “Really an off year” — Pelicans starving in Pacific Northwest since 2011, killing baby birds for food — Breeding success “really poor” since 2011 — “I believe pelicans are responding to large scale changes” — “Sardine crash” persists in Pacific since decline in 2011

And: CNN: The Pacific has seen its fair share of weird recently — Bay in California “now a massive soup bowl” — “Miles of anchovies, mountains deep” — It’s like none ever recorded… Old timers have never seen anything like this — “We may be experiencing ‘global weirding'” (VIDEO)

Published: May 1st, 2014 at 9:34 am ET
By ENENews
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