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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Foreclosure in Georgia...
Just got a copy of the assignment of mortgage and could use some assistance with this one...
Assignment recorded on 09-08-2009 Clarke County GA

States:
Assignment of Deed to Secure Debt Georgia
This assignment of deed to secure debt is made and entered into as of the 14th day of Hanuary 1998 from Bank One, NA as trustee f/k/a The first national bank of chicago as trustee whose address is C/O Ocwen loan servicing, LLC 1661 Washingotn Road Suite 100 West Palm Beach Fl 33409 (Assignor) to Deutsche Bank National Trust Company f/k/a Bankers Trust Company of California, NA as trustee whose address is C/O Ocwen loan servicing, LLC 1661 Washington Road Suite 100 West Palm Beach Fl 33409 (Assignee)

For good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the Assignor does by these presents hereby grant, bargain, sell, assign, transfer and set over unto the Assignee, its successors, transferees and assigns forever , all of the rights, title and interest of said Assignor in and to the following instruments describing land therin, duly recorded in the office of the County Recorder of Ogonee (its crossed out and Clarke is written in) County, State of Georgia, as follows:

Dated August 3, 2009
Bank One, NA as trustee f/k/a the first national bank of chicago as trustee
by its attorney in fact ocwen federal savings bank, fsb
by successor in interest Ocwen Loan Servicing, LLC

Signed by Scott Anderson
Senior Vice President of Residential Loan Servicing


Ok where to start here:
1. How the hell is one supposed to follow this. It looks like Ocwen to Ocwen
2. How do I verify all these entities, as trustee??? What about this purported attorny in fact??
3. Who in the hell is Residential Loan Servicing?? and Scott Anderson???
4. If any of these entities went out wouldnt the atty in fact be null and void-
5. Im losing my home and have no idea how to fight this BS assignment
Please help my punch holes in this.
How is this thing dated 1998 and not recorded until 2009!!! WTF????
Thanks for all your advice, input, and assistance!!!
Ocwen Sucks
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?
Refused to accept emails, good luck.
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Cabinetmaniac
WildBill wrote:
Foreclosure in Georgia...
Just got a copy of the assignment of mortgage and could use some assistance with this one...

Ok where to start here:
1. How the hell is one supposed to follow this. It looks like Ocwen to Ocwen
2. How do I verify all these entities, as trustee??? What about this purported attorny in fact??
3. Who in the hell is Residential Loan Servicing?? and Scott Anderson???
4. If any of these entities went out wouldnt the atty in fact be null and void-
5. Im losing my home and have no idea how to fight this BS assignment
Please help my punch holes in this.
How is this thing dated 1998 and not recorded until 2009!!! WTF????
Thanks for all your advice, input, and assistance!!!
Ocwen Sucks


First things first. You need an attorney who can act immediately on your behalf. You are not going to learn enough in the short time you have to save your home by yourself.

That Ocwen assigned the deed to Ocwen is exactly correct. There have been a lot of bank failures and servicer failures. Ocwen is now the servicer for many different banks. They are actively buying servicing rights to loans. Especially defaulted loans which are their specialty.

While Georgia is a non-judicial state there are still laws and procedural rules which are supposed to be followed. Ocwen doesn't seem to care about the rules though. Your attorney might be able to stop or at least extend the proceedings against you if Ocwen failed to follow the law. Even if they followed the law perfectly an attorney can stall the sale for a while. I think that in Georgia the deed must have a "power of sale" clause or else they must seek judicial foreclosure which takes a lot longer and allows you discovery.

"Residential Loan Servicing" seems to be a division of Ocwen. Scott Anderson is a known robo-signer. That does not necessarily mean his signature was robo-signed on your Assignment.

If a business fails their assets still exist. Someone else becomes the owner of the asset.

They created the Assignment on August 3, 2009. They recorded it on 09-08-2009. The language is odd but I am guessing that "14th day of January 1998" is the date you executed the deed.

Get an attorney, and meanwhile you could read the court rules...

http://law.justia.com/codes/georgia/2010/title-9/

You could read more on here. Use the search function for topics.

Here is an interesting post by Mr. Roper which might help:

http://ssgoldstar.websitetoolbox.com/post/show_single_post?pid=19249617&postcount=12

Read Georgia case law.

Good luck to you.





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Andy
WildBill:

The scam is designed so you won't be able to make sense of it or explain it so it makes sense to a court.

It is frustrating to comment without seeing the docs, and someone posted your email is closed, but I can tell you:

SCOTT ANDERSON IS A WELL-KNOWN and WELL-WORN ROBO-SIGNOR.

Ocwen to Ocwen is a legal impossibility.

Bankers Trust was a major criminal player/contributor in the early days (1998).

If the 1998 assignment is authentic, but recorded in 2009 with a trust involved, you would think lawyers would be busting down your door to represent you.

Please keep us updated on what you find, and fix your email so people can contact you.

Good luck with it all.


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Moose
What Cabinetmaniac said.

Ocwen is one of the last of the surviving subprime servicers and acts as trustee and attorney-in-fact for what must be dozens of entities that technically no longer exist but their assets do.

Find a LOCAL attorney with foreclosure litigation experience. If they've never heard of Ocwen, keep looking for one that has.

Moose
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Ted
Watch out for Mike H.  If you post an e-mail link, he will probably try to contact you either directly or to have one of his shills contact you to recommend him.  Then he will try to sell you one of his debt elimination scams or swindles or will offer to do legal work for you even though he is not a lawyer.
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