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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Does anyone have any idea why a company would do an assignment of mortgage, have it notarized, but never have it recored?? Any help would be appreciated. Long story, but we have an assignment from the courthouse, where our mortgage was "assigned" but it wasn't recorded. I have a feeling the transaction took place, but how do I find out? Thanks again!

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It is entirely possible that an en blanc assignment exists, MC. Unfortunately, unless you push for it - hard - it most likely won't show up until/unless the new servicer/note holder decide to begin the foreclosure process against you. Call your county registrar to see if they know of any RSAs on the books governing the timely recordation of things like Assignments of Mortgage. Then, depending on their answer, dig through your state's RSAs on your own to double check.

Since apparently nothing new has been recorded re: your note, I'm going to guess that there is nothing governing timely recordations for you. Which sucks because it allows a servicer/note holder to literally hide the true ownership of your note from you indefinitely. It was more than two years and nine months and nine months respectively before two assignments were recorded in my case. And even if/when you finally do find the assignments, you're going to have to check them for accuracy. Unfortunately, I think the only way that you are going to be able to confirm the transaction, if the servicer/"new" note holder won't confirm it upon request or your state has no timely recordation requirements, will be to litigate and get the information through the discovery process. Of course, if they begin the foreclosure process without recording them there is the potential issue of a broken chain of title.

I'd start by requesting confirmation of ownership from whomever you are making your payments to. If that entity hasn't changed, and you haven't indicated that it has, that tells me that the servicing rights were not sold along with the note itself. Borrowers only have to be notified in the event that the servicing rights to their note are sold and that notification is supposed to come in writing a minimum of 15 days prior to the transfer of servicing rights per RESPA.
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Your best strategy heavily depends upon whether you are already in litigation or not.  If NOT in litigation, use a RESPA QWR letter.  If in litigation, make use of ALL available discovery to explore the mortgage ownership issues.  Several MS Fraud Forum participants can probably assist you in understanding the nature of the questions you ought to be asking.

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