Mortgage Servicing Fraud
occurs post loan origination when mortgage servicers use false statements and book-keeping entries, fabricated assignments, forged signatures and utter counterfeit intangible Notes to take a homeowner's property and equity.
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A friend.....

A HUMAN ON THE OTHER END....ARE YOU THERE?

I didn't mock anything you said. I agreed with Moose, Gary...and you to some degree...Being a professional bill collector on mortgages I'm living proof of the dishonesty on the inside...Mortgage companies will charge off debts on someone with perfectly good credit otherwise...COLLECT THAT MONEY....

BUT YOU BETTER DO IT LEGALLY OR FAIRLY....OR ELSE THERE'S HELL TO BE PAID...AS THEY SAY ...What if you were LIED TO BY THE EMPLOYER YOU TRUSTED? I can prove this. I CAN PROVE bank and investor scum.  Just like any of the other ones here. However, I'm one of 3 in the USA who did it for these two major banks...

I can say I'm one of the few BILL COLLECTOR'S I know or people I know that could go from coast to coast and stay somewhere free...I know NO BILL  COLLECTOR that could do such...Only reason why I can is because I treated people with respect.

The home is the most sacred place one will have regardless of shape, size or condition. One can only help there is LOVE and God in that home...Like you say you do a full work up prior to a foreclosure...You can't always see capability by credit bureaus and such...

I happen to be in foreclosure my self right now. Because I couldn't take the collections business anymore. So now I'm in private banking transactions and can't close a deal because of the banks.

I've actually taken my mortgagee two clients that could of paid my mortgage deeds many times over. These deals didn't happen because of their greed...I've so far found the whole justice system Article 1 bankruptcy courts horrendous...A total failure. As AMERICANS were suppose to have the same rights inside bankruptcy court as we are outside of bankruptcy court. The judges aren't up holding the laws.

Plus the attorneys aren't paying attention....Or else my case would of been like the Robin Hayes case with over 360 entries...Instead of an attorney who wouldn't stick up to the bankruptcy club...

The LAW  is the LAW...Those not following the LAW shouldn't be in Law prejudging and misjudging people...I myself may actually finally have some of my new ventures close soon....

So the foreclosure issue for me if it happens isn't that big of a deal. However, with or without money to keep one's home one has to fight. WE'RE ALL SUPPOSE TO UPHOLD THE LAW....

I held this SACRED...I will put an old THEOLOGY in your head...WE ALL PUT OUR PANTS ON THE SAME WAY....I don't care what WEALTH ONE may have...No ONE IS DIFFERENT....Some people are incapable of financial responsibility totally due to circumstances beyond their control ...One should be HEARD though...

While I may have my own issues it doesn't mean everyday I haven't attempted to do right. I haven't tried to become a ward of the state or beg yet. It's not something I look forward to...

One can't always expect life to turn out the way it does for them. I DO HAVE A DREAM THOUGH...My DREAM is for me to speak to people who can make a difference....To make sure people are educated about these issues. It's not just REAL ESTATE THEIR HUMANS!!!! FAMILIES!!

Show me where the LAW isn't suppose to BE RIGHT IN FILINGS. I understand having a family to feed...However, FILING FALSE DOCUMENTS AGAINST someone is ILLEGAL. It'll be interesting to see what happens in my own case..

I'm living proof of their ILLEGAL DOCUMENTS AND EMPLOYMENT ALL THE WAY AROUND...The collection company wants to make the money...However, you do have a voice in your office. You do have the opportunity to POSSIBLY REALLY HELP SOMEONE...

The QUESTION  is though will you? Do you make sure before you FILE FORECLOSURE PAPERS AGAINST SOMEONE you have documents in HAND TO SHOW OWNERSHIP?? Do you Research the history of the documents?

While the FEDERAL RULES OF PROCEDURES DO HOODWINK MOST WITH COPIES...The LAW REQUIRES PROOF OF OWNERSHIP IF ONE REQUESTS IT....NOT A COPY.....

In a FORECLOSURE LAW FIRM their not doing this from the originating servicer, to the title company they farm them out to to the UNKNOWING LAW ATTORNEY who UNKNOWINGLY SUPPOSEDLY puts his name on the line along with the notary....COME ON...PLEASE....

How about the little old lady I worked who had a home....It caught fire...She had paid for years so did the insurance...The home should of possibly been paid for by insurance...I can tell you this they never would get me a TITLE report so I could even know if she was actually shown due or not still or payment histories...

How about the Ohio homeowner who filed chp 7, walked away to be done with it all...Mortgage company still wanted us to harass this debtor because of their negligent behavior the home went for tax sale...The tax sale paid enough to pay back taxes and the mortgage off...However, because of their ATTORNEYS they placed account with us to collect because they didn't redeem their money from their tax sale and needed the homeowner to sign something so they could receive their funds...

The collection agencies almost always never wanted us to be educated about what we were getting into...They wanted us to DIAL BLINDLY....I would never hear of it though...It was my job to do the best I could within guidelines....Which I was a lot of times the bad guy just because I was a bill collector...Until they understood what I put above. That if I can help I will...I benefited not only financially from my job but by knowing I was being Honest...It helps make friends instead of enemies...

But even if one always attempts to live by the GOLDEN RULES they can't win in today's society. I may finally, probably not soon enough though...

God Bless Everyone!
May your Family have enough to eat!
 AND PEACE BE WITH YOU!!!




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Big Mac

LOL! that about sizes it up.


Moose wrote:
Obviously not. Like all open forums there is little or no moderation. Anyone who comes along is subject to abuse, mockery, inflammatory accusations and outright hijacking.

That's how the game is played. Good or bad.  All you can do is go with it and ignore the really whacky stuff.

Moose



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Ohio
Visible IP numbers may not be a bad idea on this forum. It's not a cure all for copy cat posters but it certainly couldn't hurt and would deter those who don't have multiple computers on separate internet connections from playing games.

I will give "Friend" the benefit of the doubt here that he/she is not playing games.

Whoever wrote it doesn't matter...the ring of truth sounds the same despite the source and I believe every word of it.

I KNOW I was targeted. The property value on my home increased from 168,000.00 to 206,000 in one year. As SOON as this increase was released by the County Auditor $hit hit the fan with my mortgage. The amount financed was far far less than the new appraised value as well as the old value.

A coincidence????? yeah right...hahaha that is funnnnny. Note issues were never an issue. The fraud and deceipt and lies and confusion and half assed servicing logs and contradictory letters, canceled checks, fax logs and whole lot of other proof/evidence blew them clear out of the water.

They KNOW some will fight but they know the vast majority will not. What they reap through default judgments more than pays for shutup settlement payments to those that do fight with live ammunition.

I guess when it's done in the name of putting food on ones table and just making a living the manner in which the money is earned does not matter?? Then why in hell do we have prisons if it is OKAY?? It's NOT OKAY to railroad people into homelessness and bankruptcy simply because they have EQUITY! And for those that do this KNOWINGLY shame on you! Enjoy your money today because enternity is an awful long time to be crackin' and poppin' in hell.

I'm not talking about the people who got loans they could not afford and the borrowers whose default was THEIR fault...I'm talking about those that were bebopping along through life only to have the rug pulled out from under them.

What I want to know is WHY??? Why are performing loans being sabotaged? I know it is for the equity but can someone tell me where all this equity is going???

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Ohio,
While many PSA's contain clauses permitting servicers to keep equity from FC's, there is more to MSF than just stealing equity.  As if i-banks didn't make enough w/ securitizations and selling CDO's to investors and hedgehogs, they had to dive deeper into the feeding trough with CDS's, Credit Default Swaps which were originally meant to be risk management tools.  Enter highly leveraged CDS speculation with bets that CDO's would default.  While ABX subprime tracking index was going down, they made out like bandits.  Many of these positions were leveraged 30-100x, generating gigantic payouts from monoline insurers, who though not wholly innocent are seriously hurting now.   Given questionable i-bank firewalls between traders placing these bets and subsidiary mortgage servicers, this is a hugely profitable reason to manufacture mortgage defaults and likely to turn out to be biggest insider trader scheme ever.  Still, i-banks didn't figure they made enough with these lucrative rigged bets, so they dumped this toxic stew through ARS (Auction Rate Securities), misrepresenting its value and risk to other investors in order to cash out and get it off their books.  Fortunately many (Merrill, UBS, Wachovia, JPMC, Morgan Stanley, Citigroup) have just been caught and forced to buy their waste back. 
Also, take a look at Ann Holden's post from yesterday:
http://www.websitetoolbox.com/tool/post/ssgoldstar/show_single_post?pid=28199377&postcount=182  
Quote:

CHECK THE INSURANCE on the PORTFOLIO!

It used to be the EQUITY that these scumbags were after.

I believe that they are NOW going after the INSURANCE within the portfolios.

Will SOMEONE LISTEN to what I am saying?????

PLEASE!!!!!!!!!



Just some of the WHYs .....
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Ohio
Blossom,

I'm GLAD there are so many like you here that seem to get it. I have many talents but I have to say one of them is NOT the ability to understand all of this! That's okay though because you guy's are on the ball even if I can't seem to get out of the gate.

For some reason my brain refuses to even attempt it. Maybe it will all click one day the way algebra did.

I just can't help but feel that this is nothing like we think. This mess is not really the mess it appears to be..an intentional diversion enabling something bigger and uglier than ever before...sort of like when Joseph Kennedy rat holed himself away before and during the crash of 29 only to emerge richer than ever while others were jumping out of windows and losing everything.
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I need some help from the mega brains on this thread.

Wells Fargo originated my mortgage 3 years ago.

Now they are trying to foreclose using Wells Fargo Bank as the plaintiff with
the address 3476 Stateview Boulevard Ft. Mill, SC 29715 which I know is the address of the servicer WF Home mortgage and ASC.

They claim WF never sold the loan which I'm sure is a lie. I'm sure this is one of their primary scams--selling it and foreclosing with the copy or stored duplicate. How do I prove they sold it and securitized it and don't own it besides asking for the original note which they may have a copy of because I signed 4 copies at the closing?

I'm sure WF and WM do this all the time.
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A Friend

A Friend wrote:
you asked for the info , now you want to insult me

what kind of game are you playing  ?


what  ?    you don't like the answers and info i provided ?


well keep on sucking on your lollipop , lollipop ! 

like mr. owl says , how long does it take to get to the center of the lollipop to find the answers ?

I came here to help, and I am mocked? I really do not understand why anyone would do this. While I cannot answer some issues, I CAN answer documentation issues. I am not the enemy; it is just a job that pays the bills.

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A Friend

     Why would you be trying to help? You work for these people! Why are you here?
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A Friend

Caroline wrote:
A Friend

     Why would you be trying to help? You work for these people! Why are you here?

It's just a job. I thought I could help, but it is obvious my help is not wanted. I think it is odd that people would not want inside information, but it's your choice.

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It does pay to actually read the papers being sent to you in foreclosure.  I friend pointed me to a Notice of Trustee Sale filed against his home.  I went to the County Recorder web site and immediately noticed a problem with the signature.  His document was obviously just one signed in bulk at a foreclosure mill.  The first signature below is the ostensible party for the Trustee.  NOW, take a GOOD look at the second signature block, the attestation by the Notary.  She notarized her own signature.  I suggested to this fellow that he move pretty quickly to set aside the trustee sale notice.

Ken
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Here is the signature of the trustee....


 
Obviously Babb didn't take the time to look at her OWN attestation.
Click image for larger version - Name: !cid_image001_gif@01C90792.gif, Views: 59, Size: 13.72 KB Click image for larger version - Name: !cid_image002_gif@01C90792.gif, Views: 53, Size: 62.73 KB
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Ohio
A Friend wrote:

It's just a job. I thought I could help, but it is obvious my help is not wanted. I think it is odd that people would not want inside information, but it's your choice.

So help then...we certainly can't stop you from doing something you haven't even started doing yet.

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Friend,

What happens if the note is just lost and the bank can never produce it?   I am sure this has happened. 
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Moose
Bruce wrote:
Friend,

What happens if the note is just lost and the bank can never produce it?   I am sure this has happened. 


It happens all the time. The judge looks at everything and says you took out a loan and made payments so there must have been a note otherwise you wouldn't be in the house. It's a bit like when you walk off a plane in a city you don't live in. They pretty much assume you bought a ticket, boarded the plane and it took off and landed.

Moose


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How does that makes sense Moose?  Judges compel banks to produce  original notes during foreclosure then when they can't the Judges say no big deal if u don't have it because u have been paying your mortgage to either the bank or servicer all along, doesn't the law say the note must be an original and have the proper chain of custody attached?   

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Ohio
A lost note case in Ohio....

[Cite as EquiCredit Corp. of Am. v. Provo, 2006-Ohio-3981.]

IN THE COURT OF APPEALS OF OHIO

SIXTH APPELLATE DISTRICT

LUCAS COUNTY

EquiCredit Corporation of America Court of Appeals No. L-03-1217

Appellee Trial Court No. CI-2002-3761

v.

Charles A. Provo, et al. DECISION AND JUDGMENT ENTRY

Appellants Decided: August 4, 2006

* * * * *

R. Charles Dix, for appellee.

Richard M. Kerger, for appellant.

* * * * *

SINGER, P.J.

{¶ 1} This is an accelerated appeal from a judgment of the Lucas County Court of

Common Pleas, awarding summary judgment to a lender in a foreclosure action.

{¶ 2} When appellants, Charles and Angela Provo, purchased residential property

in Holland, Ohio, in 1999, they secured financing through Mid Am Financial Services,

2.

Inc., predecessor-in-interest of appellee, EquiCredit Corporation of America.1 Mid Am

Financial loaned appellants $71,920 on a note secured by a mortgage on the property.

{¶ 3} In 2002, appellee filed an action alleging that appellants had defaulted on

the note. Appellee sought foreclosure of the mortgage. In its complaint, appellee stated

with respect to the note that a copy was "unavailable at this time." Attached to the

complaint was a copy of the recorded mortgage and a recorded assignment of the same

mortgage to appellee. Appellants answered the complaint, denying the validity of the

mortgage as a lien, "* * * in the absence of the note * * *."

{¶ 4} On March 17, 2003, appellee filed an affidavit from a "foreclosure

specialist" who averred familiarity with appellants' account. The foreclosure specialist

stated that appellee is the holder of the promissory note at issue which "has been lost and

cannot be located." On March 31, 2003, appellee moved for summary judgment. With

the motion, appellee filed a second affidavit from the foreclosure specialist verifying an

attached copy of the mortgage, and testifying that the terms of the note and the mortgage

were in default, resulting in an amount due of $71,003.39 plus interest 10.99 percent from

March 1, 2002.

{¶ 5} Appellee's response to the motion for summary judgment was a

memorandum in opposition premised solely on what appellants assert was appellee's

failure to prove the lost note.

1There is reference in the pleadings to "J.P. Morgan Chase Bank as Trustee for

GSRPM Mortgage Loan Trust" as a substituted plaintiff, yet no motion for, or judgment

of, such substitution appears. For this reason, we shall not disturb the caption.

3.

{¶ 6} When the trial court granted appellee's motion, this appeal followed.

Appellants set forth a single "issue on appeal" which we shall construe as their

assignment of error:

{¶ 7} "The grant of summary judgment to plaintiff was in error because the

defendant did not provide the proof necessary under Ohio's statute dealing with lost

notes, Ohio Revised Code § 1303.38 and accordingly the grant of summary judgment

should be vacated."

{¶ 8} On review, appellate courts employ the same standard for summary

judgment as trial courts. Lorain Natl. Bank v. Saratoga Apts. (1989), 61 Ohio App.3d

127, 129. The motion may be granted only when it is demonstrated:

{¶ 9} "* * * (1) that there is no genuine issue as to any material fact; (2) that the

moving party is entitled to judgment as a matter of law; and (3) that reasonable minds can

come to but one conclusion, and that conclusion is adverse to the party against whom the

motion for summary judgment is made, who is entitled to have the evidence construed

most strongly in his favor." Harless v. Willis Day Warehousing Co. (1978), 54 Ohio

St.2d 64, 67, Civ.R. 56(C).

{¶ 10} When seeking summary judgment, a party must specifically delineate the

basis upon which the motion is brought, Mitseff v. Wheeler (1988), 38 Ohio St.3d 112,

syllabus, and identify those portions of the record that demonstrate the absence of a

genuine issue of material fact. Dresher v. Burt (1996), 75 Ohio St.3d 280, 293. When a

properly supported motion for summary judgment is made, an adverse party may not rest

4.

on mere allegations or denials in the pleading, but must respond with specific facts

showing that there is a genuine issue of material fact. Civ.R. 56(E); Riley v. Montgomery

(1984), 11 Ohio St.3d 75, 79."

{¶ 11} Ohio's enactment of UCC 3-309, R.C. 1303.38, provides:

{¶ 12} "(A) A person not in possession of an instrument is entitled to enforce the

instrument if all of the following apply:

{¶ 13} "(1) The person was in possession of the instrument and entitled to enforce

it when loss of possession occurred.

{¶ 14} "(2) The loss of possession was not the result of a transfer by the person or

a lawful seizure.

{¶ 15} "(3) The person cannot reasonably obtain possession of the instrument

because the instrument was destroyed, its whereabouts cannot be determined, or it is in

the wrongful possession of an unknown person or a person that cannot be found or is not

amenable to service of process.

{¶ 16} "(B) A person seeking enforcement of an instrument under division (A) of

this section must prove the terms of the instrument and the person's right to enforce the

instrument. If that proof is made, divisions (A) and (B) of section 1303.36 of the Revised

Code applies to the case as if the person seeking enforcement had produced the

instrument. * * *"

{¶ 17} Appellants insist that appellee failed to prove when the note was lost;

therefore, it cannot meet its burden under R.C. 1303.38(A)(1) to show possession at the

5.

time of the loss. Moreover, appellants maintain that appellee offered no evidence at all

that the loss of the note was not the result of a transfer or a lawful seizure. Finally,

appellants suggest, appellee failed to prove the terms of the note, because there was no

indication of the amount of the monthly payment or how interest was to be calculated.

{¶ 18} The unrefuted combined affidavits of the foreclosure specialist established

that appellee is holder of a promissory note executed by appellants and that note and its

accompanying mortgage are the subject of this lawsuit. A holder is a person in

possession, see 22 Lord, Williston on Contracts (4 Ed.2002) 599, Section 60:36, and is

entitled to enforce the instrument. R.C. 1303.31 (UCC 3-301). Thus, the affidavits

satisfy the requirements of R.C. 1303.38(A)(1).

{¶ 19} The affidavits also state that the note was "lost and cannot be located."

Under ordinary circumstances, we would certainly find disingenuous an assertion that

something is lost and cannot be located when it was, in fact, transferred to another or

lawfully seized. Thus, absent an assertion that indeed the note has been transferred or

seized, we will not infer that it has. Accordingly, R.C. 1303.38(A)(2) is satisfied.

Additionally, the same phrase may be reasonably construed as equivalent to "its

whereabouts cannot be determined." Thus, R.C. 1303.38(A)(3) is satisfied.

{¶ 20} Finally, we must conclude that appellee's omission of the monthly payment

amount is immaterial. The affidavit establishes a default and specifies an amount at a set

date. If appellants contested the accuracy or veracity of these figures, they were free to

file a competing affidavit setting out grounds for the dispute. They did not; consequently,

6.

the material terms of the agreement were unrefuted. Thus, R.C. 1303.38(B) is satisfied.

Accordingly, there was no genuine issue of material fact and appellee was entitled to

judgment as a matter of law. Appellants' sole assignment of error is not well-taken.

{¶ 21} On consideration whereof, the judgment of the Lucas County Court of

Common Pleas is affirmed. Appellants are ordered to pay the costs of this appeal

pursuant to App.R. 24. Judgment for the clerk's expense incurred in preparation of the

record, fees allowed by law, and the fee for filing the appeal is awarded to Lucas County.

JUDGMENT AFFIRMED.

A certified copy of this entry shall constitute the mandate pursuant to App.R. 27.

See, also, 6th Dist.Loc.App.R. 4.

Peter M. Handwork, J. _______________________________

JUDGE

Mark L. Pietrykowski, J.

_______________________________

Arlene Singer, P.J. JUDGE

CONCUR.

_______________________________

JUDGE

This decision is subject to further editing by the Supreme Court of

Ohio's Reporter of Decisions. Parties interested in viewing the final reported

version are advised to visit the Ohio Supreme Court's web site at:

http://www.sconet.state.oh.us/rod/newpdf/?source=6.

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Thanks Ohio, just read the ruling, the one thing I see is that according to the ruling is this loan was never transfered, see point 14 below.  Would that make a difference in most foreclosures now and with defendants asking to see original note and being in most cases that the note was transfered??  I gues it will come down to the individual judge or judges.  
 

{¶ 14} "(2) The loss of possession was not the result of a transfer by the person or a lawful seizure.

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Moose
Bruce wrote:
Thanks Ohio, just read the ruling, the one thing I see is that according to the ruling is this loan was never transfered, see point 14 below.  Would that make a difference in most foreclosures now and with defendants asking to see original note and being in most cases that the note was transfered??  I gues it will come down to the individual judge or judges.  
 

{¶ 14} "(2) The loss of possession was not the result of a transfer by the person or a lawful seizure.



It will boil down to state foreclosure law and how strictly the local judge will enforce the rules of evidence and standing if the case actually goes to court. Civil cases are decided on a "preponderance of evidence," and the trier of fact (judge or jury) will decide how that balance tips.  I'm guessing about 90% of judges have mortgages and haven't faced predatory servicers trying to manufacture defaults and steal their equity. To most of them, the borrowers are people who have financial problems and can't afford the house. The servicer's counsel works hard to paint that picture with the same old "we work hard to keep people in their home" PR campaign.

Moose



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I hope these people are not going to continue appealing as they could end up
causing bad case law.

We don't really know all the facts and we are left to assume there were no other issues and the Judge did comment that they were afforded opportunity
to raise other issues at the time they filed their answer.

We see very little if any complaints regarding standing without other problems with the mortgage.  That is not saying somebody out there is not
grabbing at straws.

I have to wonder if there weren't other issues that were not properly identified and raised which could put this borrower is a better position to prevail.

Once the loan goes to the secondary markets, the borrower becomes blindfolded to the identity of the actual noteholder as the same loan can be leveraged many times. 

I can't see any reason whatsoever for the unfair disadvantgage
given to the borrower to a closed and secret process that harms the borrower many times over. 

It should be legislated to a transparent process. 

What is the secondary market hiding that they feel it must NOT be a
tramsparent process?  Just how  many times does it take for the judicial
process to raise a jaundiced eye to the lame and probably untruthful
lost note excuse?

Dee




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I agree Dee, I guess we are all hoping that these issues will bring the banks and servicers or whomever holds the notes and who are foreclosing to come to the table and work with us fairly and not ignore us or have thier attorneys over bill us and have them add on crazy fees on to the account and come up with solutions that will work for everyone, call me naive.

I am so dissappointed in our Fed Gov't becuase they so called bailed us out by leaving it up to the greedy banks to decided if they want to work out the loans individually, don't know but did the Gov't leave it up to us (the taxpayers) if we wanted to bail out Bear Sterns or Freddie and Fannie.    
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 Another twist on the note! Assignment after the fact is recorded almost 3 weeks after we have been served with foreclosure papers.

    Grantor:  Federal deposit insurance corp,      Superior Bank
    Grantee:  LaSalle bank NA trustee
    3rd party:   homeowner

   My lawyer has found mutiple problems with the original loan. It was a refinance and wasn't done right. I won't say anymore about that, but We are going after them for breach of contract, and some other things.
Nye: any thoughts on this assignment?



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Ohio
Is LaSalle named as the plaintiff?

Did you happen to notice who submitted the assignment to the county for recording?

If it was recorded after the foreclosure was filed it was probably concocted by the plaintiff's attorney...look at the recorder's stamps and see if the attorneys submitted it to the recorder. 

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Ohio,
          It was filed today. LaSalle is the named Plaintiff.
Quote 0 0
A Friend

Bruce wrote:
Friend,

What happens if the note is just lost and the bank can never produce it?   I am sure this has happened. 

A Lost Note Affidavit is filed with the court.

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Ed
CAROLINE wrote:
 Another twist on the note! Assignment after the fact is recorded almost 3 weeks after we have been served with foreclosure papers.

    Grantor:  Federal deposit insurance corp,      Superior Bank
    Grantee:  LaSalle bank NA trustee
    3rd party:   homeowner

   My lawyer has found mutiple problems with the original loan. It was a refinance and wasn't done right. I won't say anymore about that, but We are going after them for breach of contract, and some other things.
Nye: any thoughts on this assignment?



Superior failed and was taken over by the FDIC. LaSalle is trustee for thousands of loan pools. The assignment probably never happend until they got caught.
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