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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About four weeks ago my husband and I got a Notice of Default.  We are a non judicial state.  We knew that this was coming and we are also in the process of filing bankruptcy which won't be filed for awhile.  We are trying to come up with the attorney and filing fee money.  We have found an attorney that we will use.  When we got the Notice of Default I went to the courthouse to check on the assignments.  I have been reading this site and others for awhile and have gotten some valuable information.

When I went to check the assignments, all that was recorded was the initial assignment when we got the loan.  The Deed of trust had our names as the grantor and the mortgage broker and title company as the grantee.  I asked the clerk where are the other assignments she said something to the effect that's all we recorded to date.  I checked on line on a regular basis and no new assignments showed up until 26 days after the date on the Notice of Default.

MERS is listed on Deed of Trust soley as nominee for lender and successor and assigns.  Again, I go to the register to check out the assignments. The Trustee who is doing the foreclosure is under investigation by our AG office.  First of all, they did not draw up the Assignment of Deed of Trust until 16 days after the Notice of Default and it is signed by Name1, VP of MERS.  This person also signed the Notice of Default. She is an employee of the foreclosing Trustee.  Conflict of interest here?

Secondly, the Appointment of Successor Trustee is signed by Name2, he signed as Attorney-in-Fact.  However, there was NO date that this person signed.  No date exists.  This doc was notarized 14 days after the Notice of Default.

Ok, my questions.  How could the Trustee start the foreclosure if there were no assigments registered with the Register of Deeds before the Notice of Default went out?  Am I confused about what having legal standing to foreclose means?  The paperwork for the assignments were drawn up 2 weeks after the dated Notice of Default and then recorded 26 days after the dated Notice of Default.  Also, we don't know the date that Name2 signed, only the date it was notarized.   I have heard people say no signature, no date the assignment didn't happen.   Do I have reason to be concerned about these assignments?

I know that no one can give legal advice so I will not take your opinions as opinions only.  Thank you for your time.            
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William A. Roper, Jr.
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The Whole Truth said:
Also, we don't know the date that Name2 signed, only the date it was notarized.


Implicit in any authentication of a signature by a notary, whether in support of an affidavit (which contains a jurat) or and acknowledgement of a deed, assignment or other similar instrument, to include an appointment of substitute trustee, is the notary's assertion that the affiant or person executing the instrument personally appeared before the notary on the date shown on the authentication and, in the case of the affiant, swore to the facts recited, or, in the case of another instrument, personally acknowledged that the document was validly exceuted as that person's free act and deed.

In other words, no separate dating of the instrument is really necessary.  The date of the authentication should be the date of execution and if it isn't then the authentication is inherently defective.

Separate from the date of execution and authentication is the date of recording.
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William A. Roper, Jr.
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The Whole Truth said:
Am I confused about what having legal standing to foreclose means?

Subject matter jurisdiction is essential to the authority of a court to decide a case.  Standing is implicit in the concept of subject matter jurisdiction in Federal court and in many state courts.

You can find much more about standing by searching the Forum.

But standing is usually NOT something that is essential to the validity of a substitute trustee's deed in a non-judicial sale.

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This is not to say that the irregularity you describe isn't significant.  Rather it only means that standing is probably NOT the principal you would invoke UNLESS the purported mortgage investor and/or purchaser at a non-judicial sale brought a legal action against you in court.  This might be the case should you file for Bankruptcy.

The more central principal which ought to inform your investigation of your legal rights (in conjunction with the counsel of your attorney) is the principle of:

"nemo dat quod non habet".   


Which basically means you cannot give what you don't have.

Was the appointment of substitute trustee purportedly executed by the grantee of the MERS assignment?

If so, how could the grantee appoint a successor trustee before the mortgage was assigned?

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Take a look at the Ibanez case out of Massachusetts.  Also take a look at the Bevilaqua case currently before the Massachusetts Supreme Judicial Court.  These cases should inform your study of out of sequence actions in a non-judicial foreclosure.

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You need to get your facts in line and make sure that any attorney you hire is well familiar with mortgage foreclosure fraud and foreclosure defense in a bankruptcy setting.

There are a LOT of attorneys who will simply use the Bankruptcy filing as a speed bump to the foreclosure.  That is, they will charge you some money, file the Bankruptcy petition to SLOW the foreclosure, but will NOT actually do ANYTHING to affirmative represent you or to protect your interests in Bankruptcy Court.

These attorneys simply view the Bankruptcy process as a means to take a portion of what is owed the lender and redirect it to themselves thereby obtaining a delay in teh foreclosure of several months, but without doing ANY REAL WORK.

For some, this might still be a worthwhile bargain.  But where you have one or more viable defenses, you really need an attorney who "gets it".

SEPARATE FROM THE JUDICIOUS SELECTION OF AN ATTORNEY, YOU NEED TO TAKE SINGULAR CARE IN WHAT YOU PUT FORWARD ABOUT THE DEFECTS IN THE FORECLOSURE PAPERWORK.  THE MISTAKES YOU DESCRIBE ARE EASILY CORRECTED AND WILL BE QUICKLY CORRECTED ONCE POINTED OUT.  YOU CAN "TAKE THE LENDER TO SCHOOL" AND SPEED YOUR OWN FORECLOSURE BY COACHING THEM THROUGH THE CORRECTION OF ERRORS, OR YOU CAN DRAW THEM IN AND LET THEM CHOKE ON THEIR OWN MISTAKES.  THE LATTER REQUIRES SKILL AND PRECISION OF A REALLY GOOD LAWYER WITH YOUR BEST INTERESTS AT HEART.  

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Most homeowners lose on 'procedures'; not 'right or wrong' standing.

Here's a JUDGE SIGNED court order giving me my house FREE & CLEAR..!

http://www.scribd.com/doc/112317453/Court-Order-Winning-House-Free-Clear

as you say: Not Legal Advice.  Just a VICTORY....

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Bruce
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Most homeowners lose on 'procedures'; not 'right or wrong' standing.

Here's a JUDGE SIGNED court order giving me my house FREE & CLEAR..!

http://www.scribd.com/doc/112317453/Court-Order-Winning-House-Free-Clear

as you say: Not Legal Advice. Just a VICTORY....


goi ... another scammer. He wants you to pay to look at his pleadings! What a loser!!
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Alan
I remember goi. He is the idiot that got clipped by M. Soliman for $5,000 for bogus expert consulting services. He never got his money back from Soliman. goi vowed to recover his money another way by finding other distressed borrowers to rip of himself. So goes the cycle of crime!
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