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 an allonge submitted as a 'Notice of filing Note with Allonge' after answering the complaint denying that the servicer owned and held Note and Mortgage.

The Note with Allonge is a faxed copy of a copy.  There is no certification marked on the Note.  The Allonge shows a rubber stamp above a legitimate signature from the original Lender.  Is a faxed copy of a copy admissible as evidence of holding a Note?  The fax number memorialized at the top of the Allonge is the number of Deutsche Bank sent after the action was filed.  I am surmising that a faxed copy from Deutsche Bank indicates that Deutsche may have faxed a copy of the Note and Allonge to the servicer but that they (Deutsche) still held the original.

The Assignment of Mortgage that is filed and recorded the following day shows MERS assigned the Mortgage to the Servicer but not as 'nominee for lender its sucessors and assigns'.  Wouldn't that indicate that the terms of the Mortgage were changed at some time without notifying me, as I gave MERS nominal rights only on the original Mortgage. 

Any thoughts???


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Foley
Check out Roper's threads on Allonges, they are the best out there.

That would work in California, you can foreclose in CA with a snickers wrapper.

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LJ

 

 

Allonge Defined

 

http://ssgoldstar.websitetoolbox.com/post/Allonge-Defined-5080041

 

original note, allonge,endorsments,assignments

 

http://ssgoldstar.websitetoolbox.com/post?id=5047537

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I'm in Ohio so they are supposed to use valid Assignments but as the attorneys say....those are just mere technicalities!  I really want to say 'well then I guess my being late for two months is a mere technicality'.
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LJ

William A. Roper Jr.'s thread:

 

"The Folly of Attacking Rather Than Embracing the Assignment Forgery: Harvey v. Deutsche Bank National Trust Company"

 

http://ssgoldstar.websitetoolbox.com/post?id=5374903

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LJ

ps: use the msfraud search feature with the following terms:

 

'Embracing the Assignment Forgery'

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Walt

Quote:
I'm in Ohio so they are supposed to use valid Assignments but as the attorneys say....those are just mere technicalities! I really want to say 'well then I guess my being late for two months is a mere technicality'.

 

You seem to be confusing allonges and assignments.

 

An assignment is a written instrument that assigns the mortgage security instrument.

 

An allonge is a separate piece of paper which can be used for indorsements of a note.  Indorsement and delivery are always necessary for the negotiation of a note to a new holder.

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Walt wrote:
Quote:
I'm in Ohio so they are supposed to use valid Assignments but as the attorneys say....those are just mere technicalities! I really want to say 'well then I guess my being late for two months is a mere technicality'.


You seem to be confusing allonges and assignments.

An assignment is a written instrument that assigns the mortgage security instrument.

An allonge is a separate piece of paper which can be used for indorsements of a note.  Indorsement and delivery are always necessary for the negotiation of a note to a new holder.


No I have it straight there are two element to a mortgage loan 1. promissory note and 2. mortgage.

In foreclosure the Note must be negotiated and transferred by possession.  The Mortgage should be assigned giving notice to the public that a transfer has taken place.  The assignment of a mortgage is a mere incident of the transfer of the Note. 

My question is... can a faxed copy of a Note be considered sufficient evidence to prove possession of the Note.  Nobody cares anymore about the legitimacy of the endorsement either being on the Note or the Allonge.
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HungarianProse
camille wrote:
Walt wrote:
Quote:
I'm in Ohio so they are supposed to use valid Assignments but as the attorneys say....those are just mere technicalities! I really want to say 'well then I guess my being late for two months is a mere technicality'.


You seem to be confusing allonges and assignments.

An assignment is a written instrument that assigns the mortgage security instrument.

An allonge is a separate piece of paper which can be used for indorsements of a note.  Indorsement and delivery are always necessary for the negotiation of a note to a new holder.


No I have it straight there are two element to a mortgage loan 1. promissory note and 2. mortgage.

In foreclosure the Note must be negotiated and transferred by possession.  The Mortgage should be assigned giving notice to the public that a transfer has taken place.  The assignment of a mortgage is a mere incident of the transfer of the Note. 

My question is... can a faxed copy of a Note be considered sufficient evidence to prove possession of the Note.  Nobody cares anymore about the legitimacy of the endorsement either being on the Note or the Allonge.

 Do they claim the original was lost?

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HungarianProse wrote:
camille wrote:
Walt wrote:
Quote:
I'm in Ohio so they are supposed to use valid Assignments but as the attorneys say....those are just mere technicalities! I really want to say 'well then I guess my being late for two months is a mere technicality'.


You seem to be confusing allonges and assignments.

An assignment is a written instrument that assigns the mortgage security instrument.

An allonge is a separate piece of paper which can be used for indorsements of a note.  Indorsement and delivery are always necessary for the negotiation of a note to a new holder.


No.  Not at all.  They just rubber stamped it to be endorsed to them.  It seems to be that it can not be proven legit because how would anybody ever know when that rubber stamp was put on there. 


No I have it straight there are two element to a mortgage loan 1. promissory note and 2. mortgage.

In foreclosure the Note must be negotiated and transferred by possession.  The Mortgage should be assigned giving notice to the public that a transfer has taken place.  The assignment of a mortgage is a mere incident of the transfer of the Note. 

My question is... can a faxed copy of a Note be considered sufficient evidence to prove possession of the Note.  Nobody cares anymore about the legitimacy of the endorsement either being on the Note or the Allonge.

 Do they claim the original was lost?

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Walt

Quote:
No. Not at all. They just rubber stamped it to be endorsed to them. It seems to be that it can not be proven legit because how would anybody ever know when that rubber stamp was put on there. 

 

In most states, indorsements are expressly permissible using a rubber stamp as long as the person whose signature is being affixed has assented to the indorsement.

 

Quote:
My question is... can a faxed copy of a Note be considered sufficient evidence to prove possession of the Note. Nobody cares anymore about the legitimacy of the endorsement either being on the Note or the Allonge.
 

 

You need to look to the Rules of Evidence for your state to ascertain admissibility.  The answer may vary depending upon whether the copy that is sought to be introduced is being introduced into evidence in a summary judgment proceeding or at trial.

 

Generally, the Rules of Evidence allow for the introduction of originals without authentication.  Rules of Evidence vary somewhat as to the admissibility of copies.  Whether the copy is faxed or mailed is irrelevant.

 

In a summary judgment proceeding, any copy would typically have to be authenticated by affidavit unless its authenticity was admitted through discovery responses or a stipulation.  However, if the defendant fails to object, then the document can come into evidence without any authentication.

 

When a defendant fails to timely object, the issue is waived and cannot be raised for the first time on appeal.

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Walt

In some states, any denial of indorsement or assignment is also subject to special pleading rules.  In a few places such a denial must come in the form of a verified answer or the issue is waived.

 

Seeking to attack a judgment through a collateral attack on an indorsement, allonge or assignment years after a judgment is entered is totally useless and will never succeed. 

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John Lewis

Quote Walt:

 

"In some states, any denial of indorsement or assignment is also subject to special pleading rules. In a few places such a denial must come in the form of a verified answer or the issue is waived."

 

******

Could one elaborate on "..subject to special pleading rules. & how does one determine if their jurisdiction "such denial must come in the form of a verified answer or the issue is waived."

 

***

Thanks!

 

 

 

 

 

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Brad

Quote:
Could one elaborate on "..subject to special pleading rules. & how does one determine if their jurisdiction "such denial must come in the form of a verified answer or the issue is waived."
 

Under the Federal Rules, pleading special matters falls under Rule 9:

 

http://www.law.cornell.edu/rules/frcp/rule_9

 

One would usually begin one's inquiry by looking at a State's Rules of Civil Procedure at the state equivalent of Rule 9.

 

Take a look, for example at Indiana's Rules of Trial Practice, focusing on Rules 9, 9.1 and 9.2:

 

http://www.in.gov/judiciary/rules/trial_proc/index.html#_Toc313019770

 

Perhaps Walt has some other examples.

 

READ THE RULES!  READ THE RULES!  READ THE RULES!

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Brad

Maybe everyone at the Forum could consult their state's Rules and post whether there are special provisions for pleading endorsement and assignment!

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John Lewis

Florida: Rule 1.120 -

 

1.120 Pleading Special Matters

(a) Capacity. It is not necessary to aver the capacity of a party to sue or be sued, the authority of a party to sue or be sued in a representative capacity, or the legal existence of an organized association of persons that is made a party, except to the extent required to show the jurisdiction of the court. The initial pleading served on behalf of a minor party shall specifically aver the age of the minor party. When a party desires to raise an issue as to the legal existence of any party, the capacity of any party to sue or be sued, or the authority of a party to sue or be sued in a representative capacity, that party shall do so by specific negative averment which shall include such supporting particulars as are peculiarly within the pleader’s knowledge.

(b) Fraud, Mistake, Condition of the Mind. In all averments of fraud or mistake, the circumstances constituting fraud or mistake shall be stated with such particularity as the circumstances may permit. Malice, intent, knowledge, mental attitude, and other condition of mind of a person may be averred generally.

(c) Conditions Precedent. In pleading the performance or occurrence of conditions precedent, it is sufficient to aver generally that all conditions precedent have been performed or have occurred. A denial of performance or occurrence shall be made specifically and with particularity.

(d) Official Document or Act. In pleading an official document or official act it is sufficient to aver that the document was issued or the act done in compliance with law.

(e) Judgment or Decree. In pleading a judgment or decree of a domestic or foreign court, a judicial or quasijudicial tribunal, or a board or officer, it is sufficient to aver the judgment or decree without setting forth matter showing jurisdiction to render it.

(f) Time and Place. For the purpose of testing the sufficiency of a pleading, averments of time and place are material and shall be considered like all other averments of material matter.

(g) Special Damage. When items of special damage are claimed, they shall be specifically stated.

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Frank

Maybe the discussion on pleading special matters belongs in its own thread.  How would anyone guess to look for it here?  It has little to do with allonges.

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