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 know if there are recording requirements in regards to when
each document needs to be officially recorded in the county recorders office?

It's a MERS Deed of Trust securitized refi loan, assigned to the servicer, then the servicer assigned it to the named trustee in the securitization chain.

1st:  Notice of Default
2nd: Substitution of Trustee
3rd:  Assignemnt of Deed of Trust
4th:  Notice of Trsutees Sale
5th:  Assignment of Deed of Trust

It seems to me that there is title defect, questionable conduct of pretender lenders and defects in the foreclosure process here.

With MERS there seems to be these off record transactions between parties who have no interest in the loan but who are asserting an interest once they have successfullly fabricated documents, had someone without authority sign them, on behalf of an entity with no real beneficial interest or other economic interest in the loan. These docs are all notarized by someone in another state??
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Gary
Naaaa.   I think in eyes of law its about the date and notarization of document. 

The recording of documents is only about putting it on public notice.  You can have a grant deed or Note or whatever and not record it but its still valid and enforceable.

Look at your documents and put in chron order of when created.  Then check the notarization dates to see if anything is off.  But that tells you the real story of who's on first and what's on Second......  

Stay cool

Gary

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putimallaway
From what I have determined so far, NO recordings are REQUIRED where MERS is concerned. It appears that a MERS deed (which appears to be done by affidavit if at all)is superior to any recorded deed, though it need never be filed, nor any reference to it (lien, etc) made at the court.
Thus, it is apparently possible for some with access to the MERS system, to create loans, take the money, transfer that money off shore, or otherwise convert that money into some other investment (money to buy more property) and evade both any record of that loan, and fully evading the IRS. This, the highest level of crime. Very sophisticated, and requires a network, including well connected lawyers, who it appears can in fact be involved directly, by having their properties fraudulently appraised at high prices, then obtaining a loan on it, investing that money in foreclosure property, and creating a large real estate portfolio out of thin air. This person with level of access and ability to put together this level of criminal enterprise would need to be someone at the level of, hypothetically speaking, for example, a Loan Guarantee Officer, such at the VA or the like, with a appraisers, lenders, RE Brokers, attorneys etc. as part of his/her racketeering operation.
Also,look for indicators of ID theft, as well, such as using former spouses ID, etc, manipulation of ID data, over time, changing. Also, if by chance he discovers he is under suspicion,(and he will find out) you then monitor his attempts at concealment over time as well.
Use many different databases, as they do not all update at the same time, and some obtain their data from different sources, or by using different algorithims
Happy hunting, you will get you your man, and he will go to prison, along with his co-operatives. Be patient, persevere, it all gets a lot less stressful over time.
Further, PROTECT YOU EVIDENCE, and make sure if anything should happen to you, it will be very clear who and why.
These are very dirty scum.
By the way, from what I have so far learned, there is no 'Statute of Limitations' on this type of particular racketeering.
I suggest you begin with this article, and go from here.
You will quickly learn just how these crooks are operating.
If you go to the County records online, then do other Asset searches on an individual involved in this type criminal enterprise, (hire a PI firm with database access) you will quickly see many different (loans, etc) 'court house records' being represented on the same property, or regarding the same person. Then do a MERS check, and you will find even more discrepancies. THE DEVIL IS IN THE PATTERN OF DISCREPANCIES' where there SHOULD BE NOT EVEN ONE, LET ALONE MANY.

http://www.ripoffreport.com/reports/0/422/RipOff0422463.htm
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Hi Curious,
I'm not an attorney but my understanding that in a non-judicial state there is a strict adherence to the process and law.

You stated the following scenario:
1st:  Notice of Default
2nd: Substitution of Trustee
3rd:  Assignment of Deed of Trust
4th:  Notice of Trustees Sale
5th:  Assignment of Deed of Trust


How can a trustee be substitute if the lender has no assignment of the deed of trust? In a non judicial state the Trust of Deed contains a "power of sale" clause.  The only person eligible to evoke that power of sale is the firm that has a valid, properly executed deed of trust.  The F/C process CAN NOT start until the deed of trust. 

Look at the date of the when the assignment of the deed of trust was executed.  (Not recorded, the recording is only formal notification to the public).  If the assignment was done AFTER the substitution of trustee, then you have a valid complaint.

Check the assignment out too. The principal must be named first; with the attorney in fact second.  Wells Fargo tends to put their name in first, as attorney in fact with the principal second.  This automatically VOID in the state of California.  This means it is an invalid assignment.

Have your attorney find out if the assignment has a valid power of attorney as well.  For example, if your lender is in Bankruptcy....how could they issue a power of attorney to the lender/servicer on the assignment?  Fixing that little bit may not be possible.  (I believe this is the equivalent of "show me the note" in Judicial states).

Now some people will say that the lender has substantial compliance -- meaning they did steps 1, 2, , and 5 correct; the only step they goofed up on was step 3.  WELL STEP THREE IS HUGE BECAUSE IT DETERMINES WHO HAS THE AUTHORITY TO EVOKE THE POWER OF SALE.  And if it is invalid or done incorrectly, then everything flowing from it should be null and void.

Fight the SOB's tooth and nail.

AND ask the judge to ask the lender...why on earth are they buying a defaulting loan?
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Simonee wrote:
Hi Curious,
I'm not an attorney but my understanding that in a non-judicial state there is a strict adherence to the process and law.

You stated the following scenario:
1st:  Notice of Default
2nd: Substitution of Trustee
3rd:  Assignment of Deed of Trust
4th:  Notice of Trustees Sale
5th:  Assignment of Deed of Trust


How can a trustee be substitute if the lender has no assignment of the deed of trust? In a non judicial state the Trust of Deed contains a "power of sale" clause.  The only person eligible to evoke that power of sale is the firm that has a valid, properly executed deed of trust.  The F/C process CAN NOT start until the deed of trust. 

Look at the date of the when the assignment of the deed of trust was executed.  (Not recorded, the recording is only formal notification to the public).  If the assignment was done AFTER the substitution of trustee, then you have a valid complaint.

Check the assignment out too. The principal must be named first; with the attorney in fact second.  Wells Fargo tends to put their name in first, as attorney in fact with the principal second.  This automatically VOID in the state of California.  This means it is an invalid assignment.

Have your attorney find out if the assignment has a valid power of attorney as well.  For example, if your lender is in Bankruptcy....how could they issue a power of attorney to the lender/servicer on the assignment?  Fixing that little bit may not be possible.  (I believe this is the equivalent of "show me the note" in Judicial states).

Now some people will say that the lender has substantial compliance -- meaning they did steps 1, 2, , and 5 correct; the only step they goofed up on was step 3.  WELL STEP THREE IS HUGE BECAUSE IT DETERMINES WHO HAS THE AUTHORITY TO EVOKE THE POWER OF SALE.  And if it is invalid or done incorrectly, then everything flowing from it should be null and void.

Fight the SOB's tooth and nail.

AND ask the judge to ask the lender...why on earth are they buying a defaulting loan?


My loan was part of a securitized trust in 06. The original servicer of that trust (Servicer A) transfered the servicing rights to another servicer (servicer B) in Jan 08. Servicer A informed me of this with a letter. 

I defaulted and I received the N.O.D.  The NOD stated correctly MERS as nomiee for XYZ corp, but the NOD was recorded by a new power of sale trustee stating that the servicer B was the beneficary.

N.O.D. | Substitution of Trustee | Both Assignments of Deed of Trust
were dated all on the same day.

NOD - recorded  Dec 08, not notarized. A brand new power of sale trustee stating to contact servicer B as they are the beneficary.

Substitution of Trustee - notarized Jan 09, recorded Feb 09

Assignment of Deed of Trust MERS to Servicer B - notarized Mar 09, recorded week later Mar 09

Assignment of Deed of Trust from Servicer B to Securitized Loan Trustee - notarized May 09, recorded week later May 09

The NOD was recorded by the new trustee stating that the servicer B was the beneficary. The field "recording requested by" is blank in the assignment of the deed from MERS to servicer B, the substitution of trustee and the assignment of the deed of trust from servicer B to the trustee of the securitization loan trust.

Servicer A did not record anything.

Oh yeah, I still don't know who funded this loan.

Curious

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You need to check out the MERS cases in the MSFraud.org / Legal Lounge. As I recall this issue has been addressed over and over again in there.

This from Fannie Mae
Judicial Foreclosure
Servicing Guide Part VIII, Section 105, Conduct of Foreclosure Proceedings
Effective immediately, MERS must not be named as a plaintiff in any judicial action filed to foreclose on a mortgage owned or securitized by Fannie Mae. MERS is the mortgagee of record when either a mortgage names MERS as the original mortgagee and is recorded in the applicable land records, or a completed and recorded assignment names MERS as the mortgage assignee. Therefore, in most jurisdictions, the servicer will need to prepare a mortgage assignment from MERS to the servicer, and then bring the foreclosure in its own name, unless the Servicing Guide requires that the foreclosure be brought in the name of Fannie Mae. In that event, the assignment will need to be from MERS to Fannie Mae.

There's all the info you need in the Legal Lounge.

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JOhnR wrote:
Therefore, in most jurisdictions, the servicer will need to prepare a mortgage assignment from MERS to the servicer, and then bring the foreclosure in its own name, unless the Servicing Guide requires that the foreclosure be brought in the name of Fannie Mae. In that event, the assignment will need to be from MERS to Fannie Mae.

There's all the info you need in the Legal Lounge.



Yep, been to the legal lounge. A mortgage assignment from MERS to the servicer, was done, but the recording requested by is BLANK.
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Philip S.
you guys think that's crazy here's mine

1 NOD
2 Sub Trustee
3 Notice of Trustee Sale
~Fremont Inv. RIP
4 Trustees Deed Upon Sale
5 Assignment to Litton (unsigned by Fremont)
6 Rescission of Trustees Deed Upon Sale & NOD "putting all parties back to their position status quo ante that existed before the sale Filed by Litton
7 NOD filed by Litton? Uh what standing do they have?
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Barbie
Philip S. wrote:
you guys think that's crazy here's mine

1 NOD
2 Sub Trustee
3 Notice of Trustee Sale
~Fremont Inv. RIP
4 Trustees Deed Upon Sale
5 Assignment to Litton (unsigned by Fremont)
6 Rescission of Trustees Deed Upon Sale & NOD "putting all parties back to their position status quo ante that existed before the sale Filed by Litton
7 NOD filed by Litton? Uh what standing do they have?
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Barbie
Litton would have legal rights because they purchased the note through the bankruptcy court or directly from Fremont as it sold assets

Go to your county recorder and pull all the documents recorded against your property in the past year.




Philip S. wrote:
you guys think that's crazy here's mine

1 NOD
2 Sub Trustee
3 Notice of Trustee Sale
~Fremont Inv. RIP
4 Trustees Deed Upon Sale
5 Assignment to Litton (unsigned by Fremont)
6 Rescission of Trustees Deed Upon Sale & NOD "putting all parties back to their position status quo ante that existed before the sale Filed by Litton
7 NOD filed by Litton? Uh what standing do they have?
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Several items are required to execute foreclosure:

1.)A clause in a “Valid” Deed of Trust that allows for foreclosure when there has been a default in the debt obligation.

a.)In a [B]Lien theory state[/U] (non-judicial foreclosure)maintain a “valid lien” recordation in the “public land records office” is required. Reference each states “Property Code” for recordation requirements. Title Theory (judicial foreclosure) states have diffent laws.

i.) In Lien theory states, the homeowner owns the property and the obligee has only a debt obligation secured with a lien on the property, “Deed of Trust” or other such name.

ii.) [U]Title theory states[/B], the obligee owns the property and upon fulfillment of the debt obligation title is assigned to the homeowner.

b.)If the lien is invalid, it is of no difference if a debt obligation exists, as only the lien defines how to execute the foreclosure to recover upon default of the debt obligation.

2.)A debt obligation that is valid under the Uniform Commercial Code ("UCC")or each state's equivalent.

a.)An obligee that is a “holder in due course” with “rights to enforce”.

b.)The holder of the “Note” may not always have the rights to enforce.

c.)Failure to properly negotiate the negotiable instrument does not transfer the “rights to enforce”. Consult the Uniform Commercial Code for proper methods to negotiate an “instrument”.

3.)Assigning of the instrument from the originator of the loan up to the securities market requires a number of assignments of the instrument and negotiation of the instrument has to be in accordance with the UCC.

a.)Most “Pooling and Servicing Agreements” require that the instruments being used as collateral be assigned to the securities trust with all intervening assignments being recorded. Exceptions are made if MERS is involved as MERS records these assignments internally. Verify with state recordation laws and confirm that this meets the legal requirement of maintaining a valid enforceable lien.

b.)The “Notice of Assignment” filed in public land records offices reflect the change in ownership of the instrument.

c.)If the negotiation of the instrument was not in compliance with the UCC then possibly an invalid “Notice of Assignment” was filed with the “public land records office”.

4.)In fact it should be more correctly stated “Produce a valid debt obligation”.

a.)It is possible to produce, the note but if that note was used as a negotiable instrument and the laws governing the instrument where violated, then in such cases it may have rendered the “instrument/note” a nullity and unenforceable.

b.)Lost Note Affidavits that are created upon loss of the instrument cannot be furthered assigned as a LNA does not meet the definition of a negotiable instrument.
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The Equitable One
Texas,

I had never considered the possibility of attempting to negotiate a lost note affidavit. Your comment makes sense, at least to someone of average intelligence. I guess that means the courts might fail to understand that.

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Texas
To "The Equitable One"

With all due respect to MSFraud.org, for a little in depth information on assignments visit http://www.scribd.com/doc/18775420/Assignment-Fraud.

It is based on an actual Pro Se action taking place in Texas.

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