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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I have a situation.  I'm in Ohio.  The mortgage does not contain any MERS language (probably because it was supposed to be a portfolio loan). 

3 years after origination, there is an Assignment of Mortgage created using Orion and notarized in TX by a KNOWN Orion Financial Group employee claiming to be a VP of the original lender.

The complaint does not have the Note attached to it either.  It cannot be located at this time (whatever-maybe Orion can recreate it lol).

Anyways, aside from all of the fraud where several lenders have settled with homeowners due to the fraud by Orion, how can this employee sign as VP of original lender while an employee of another company?  Especially when the MERS language is absent?

Does this make sense?  And no, I'm not trying to get away with a free house so yeah.  I'm just really confused on this and I think I'm headed for trouble because I don't know how to sell this house with these issues. :-(

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George Burns

Why are these "issues" of concern to you as the seller? Are you guaranteeing clear title instead of the title insurance company?

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Really?

There are alot of reasons that I don't wish to go into.  My concern is understanding this.

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George Burns

This is like someone delaying selling their car because they do not understand how the engine works.

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Gary
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Why are these "issues" of concern to you as the seller? Are you guaranteeing clear title instead of the title insurance company?

In most jurisdictions, a buyer desires a general warranty deed or a special warranty deed and the seller warrants title to the buyer.  The title insurer simply insures good title based upon the strength of the seller warranty as well as the attorney's opinion of title.

Of course, a seller can insist on only giving only a quit claim deed.  This is a subject for negotiation.  For that matter, a seller could expressly disclose the lien, identify any misgivings about the anomolous assignment and expressly require waiver or indemnification by the buyer.

On the other hand, if the buyer and the buyer's title insurer are content with paying a particular servicer asserting entitlement to the proceeds of the funds used to pay off the existing lien and are content with the release, it is unclear why sirrowan would care.

If the value remains in the property and it can be sold on the market for a good price, I see no reason whatsoever to wait to sell.  To the contrary, this is precisely the sort of confusion that the swindlers are seeking to create to market their scams.

What sirrowan seems to be describing is a non-existent buggieman. 
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For starters, the balance is all wrong and I believe that the plaintiff does not have standing to sue.  I believe that the chain of title is all whacked up and not disclosed.  I believe that there is some serious fraud with this loan from the beginning.  This is a house in an estate and the plaintiff sued phantom people without listing the homeowner or serving anyone in the case.  They have obtained default judgment and the house is on the sheriff's list for sale in a month.  When looking up the case in the county records, it doesn't even come up in the name of the person who took out the loan (debtor).  It's all just really weird.  AND the county appraisers appraised the house so low that it is laughable.  Someone's trying to get a great deal on a great house but its not me.  I just want to sell the house, but I have to deal with these issues because, while the case will be dismissed because the attorney representing the estate filed to have the judgment vacated/dismissed, the plaintiff WILL file again.

So what is wrong with getting my ducks in a row and trying to understand all this?

I don't get the boogieman comment?????

I was just looking for some opinions/info, if anyone has it, on my question.  Its really that simple.



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George Burns
If this is the real situation that you are now posting, I have to ask...WHY POST SUCH CRAP FIRST?

It was wasteful of people's time.

What you have now posted, while better than the garbage in your first post, is still confused and lacking in purpose and in a clear area of query or concern. It is not clear as to what your position or status is, in fact, it could be that you have no Standing since the property is apparently still in Probate which means that it might never pass to the heirs. It is not clear what you are trying to find out or do.

So "getting your ducks in order" might be futile, but there is not enough info to opine.
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ka
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For starters, the balance is all wrong and I believe that the plaintiff does not have standing to sue. I believe that the chain of title is all whacked up and not disclosed. I believe that there is some serious fraud with this loan from the beginning. This is a house in an estate and the plaintiff sued phantom people without listing the homeowner or serving anyone in the case.  They have obtained default judgment and the house is on the sheriff's list for sale in a month.  When looking up the case in the county records, it doesn't even come up in the name of the person who took out the loan (debtor). It's all just really weird.  AND the county appraisers appraised the house so low that it is laughable.  Someone's trying to get a great deal on a great house but its not me.  I just want to sell the house, but I have to deal with these issues because, while the case will be dismissed because the attorney representing the estate filed to have the judgment vacated/dismissed, the plaintiff WILL file again.


sirrowan:
 
It seems to me that selling the house and worrying about the validity of title in respect of questionable assignments, which property is already subject to a default judgment, is the least of your challenges.  Getting a default judgment set aside in New York State is no trivial matter.
 
While it is impossible to answer without notice of a suit, this might be an appropriate occasion to remind Forum users of this ancient thread by Mr. Roper about the importance of timely answering:
 

On the Importance of Timely ANSWERING of a Complaint or Petition in Foreclosure

http://ssgoldstar.websitetoolbox.com/post/On-the-Importance-of-Timely-ANSWERING-of-a-Complaint-or-Petition-in-Foreclosure-2368565

 
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George Burns wrote:
If this is the real situation that you are now posting, I have to ask...WHY POST SUCH CRAP FIRST?

It was wasteful of people's time.

What you have now posted, while better than the garbage in your first post, is still confused and lacking in purpose and in a clear area of query or concern. It is not clear as to what your position or status is, in fact, it could be that you have no Standing since the property is apparently still in Probate which means that it might never pass to the heirs. It is not clear what you are trying to find out or do.

So "getting your ducks in order" might be futile, but there is not enough info to opine.


This was my question.  "how can this employee sign as VP of original lender while an employee of another company?  Especially when the MERS language is absent?"

That's all I was asking.  How am I wasting people's time?  Wow.  Just Wow........

I'm remembering now why I stopped coming to this forum...........
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George Burns
Anyone can sign anything if they were authorized. Signing is not limited by employment.

MERS is only 1 entity involved in mortgages. MERS is not and does not have to be involved in every mortgage.

Look up LPS and DOCx etc.
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This one was signed by an employee of Orion Financial Group out of Texas.  They do the same thing as Docx and LPS.
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t
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This one was signed by an employee of Orion Financial Group out of Texas. They do the same thing as Docx and LPS.

Why do you think this is important?  Are you reading the thoughtful responses of others above?

Issues associated with the authority of the person signing the robo-signed instruments are almost uniformly impotent in stopping a foreclosure.

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