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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Hi everyone. I have been a reader and occasional commenter for quite some time now. I have a question about an assignment of mortgage that I haven't seen a post about yet. I do know there are some really sharp people on here and maybe someone can help me with this.

My mortgage was assigned by Ocwen as an attorney in fact for New Century Mortgage. I pulled the limited power of attorney filed at my county recorders office. In the first paragraph it states that "Ocwen Loan Servicing has the authority to act in the name, place, and stead of the prior servicer."

This is where things get interesting. Ocwen assigned my mortgage on April 2, 2007. It was the day New Century filed Chapter 11 Bankruptcy. The problem I see is that New Century was my servicer until July 1, 2007. It then became Carrington, and then Ocwen on July 15, 2007. I have the welcome letter from Ocwen dated July of 2007.

So my question is, if they only had the authority to act in  the name, place, or stead of the prior servicer, is the document not void due to the fact that they did not have the authority to assign it until July 15, 2007? As always thanks for any insight into this mess

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I don't see how that assignment language is even legal... I'm thinking one should be able to determine agent and principal from within the four corners of the document...
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Thomas
Hi Doomed, I hope I didn't make that too confusing. The language was from the LPOA, not the assignment. It just makes sense to me that if their  limited power of attorney states they only have the authority after servicing is transferred, then any use of it before the servicing was transferred should be void.
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Agree... Is there anyway to scan that stuff in ?
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Thomas
Sure, I downloaded them from my county recorder, I'm sure I can get another copy, would you like one?
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Sure.. Send them or post them here with a link if you can do that.  I'm new on this forum and don't yet know what you can do and what you can't.  The pictures might help me get it all in sequence and understand it. 
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Thomas
I will try to post them, and if it doesn't work I will email them to you.

Click image for larger version - Name: Assignment_of_Mortgage.GIF, Views: 118, Size: 153.78 KB Click image for larger version - Name: LPOA.GIF, Views: 86, Size: 101.12 KB
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New century appoints Ocwen on 9/27/2005
Ocwen, under LPOA for New Century assigned mortgage on 4/2/2007
New Century also files chapter 11 on the same day

I don't know if out of state notarizations are valid in OH
    - Call your county recorder and ask or find they

I think the Trustee for NC's bankruptcy would be interested in the assignment
    - Find the case, find the trustee and call him

The names: Neil Dyson, Michael Hanna, Doris Chapman all appear on your
mortgage assignment and if you google them like this:

+"doris chapman" robo signer

They show up as robo signers...
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Thomas
Oh yes, I already have things like certified copies of Neil Dyson's personal mortgage and Doris Chapman's Notary application I was just curious about weather Ocwen had the right to act for New Century even though New Century was still my servicer when the assignment took place. Thanks for your insight Doomed
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I have been amazingly slow of late... It "looks" good. 

Servicer S appoints attorney A to do job J for time limit (unspecified) so A can act in place of S and do job J until revoked.
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