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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http://www.azcourts.gov/opinions/Home.aspx

The Arizona Supreme Court is scheduled to release its decision in Vazquez v. Saxon today at 10:00 am AZ time.

This is the decision which pertains to the certified question from the AZ Bankruptcy Court as to whether or not a foreclosing entity must 'hold the note'.  It is a major decision we have been waiting for since the oral argument in September.  As soon as I see the actual decision posted I will return with a link.

This is not the link, just the caption of the case.

CV-11-0091-CQ  JULIA V. VASQUEZ v. SAXON MORTGAGE, INC. et al



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Court rules that the recording of an assignment of the trust deed is NOT required under AZ law to being foreclosure sale.

BAD BAD day for Arizona homeowners.

http://www.azcourts.gov/Portals/23/pdf2011/CV110091CQ.pdf


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George Burns

I do not see where the questions before the court involved " whether or not a foreclosing entity must 'hold the note'". The questions were:

 

 

"Pursuant to A.R.S. §§ 12-1861 to -1867 (2003) and

Supreme Court Rule 27, we accepted jurisdiction of two questions

certified by the United States Bankruptcy Court for the District

of Arizona:

1. Is the recording of an assignment of deed of trust

required prior to the filing of a notice of

trustee’s sale under A.R.S. § 33-808 when the

assignee holds a promissory note payable to bearer?

2. Must the beneficiary of a deed of trust being

foreclosed pursuant to A.R.S. § 33-807 have the

right to enforce the secured obligation?"

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