You're right about that mortgages are not required to be recorded, but they are required for priority and enforceability in N.J. ?
Priority, yes. Enforceability, NO!
You seem not to get it. Mr. Roper explained this. The court decision explains it.
A defective acknowledgement does not implicate the enforceability of the mortgage!
I understand about assignments not having to be recorded, but if they are recorded by (a robo-signer) an "attorney-in-fact" in N.J., there HAS to be a Power of Attorney recorded, also.
This is not true in most places. Under the Statute of Frauds, there would need to be a written power of attorney. The power of attorney need not be recorded in most places. Recording of the power of attorney is controlled by the Recording Acts, not the Statute of Frauds.
Check with Mr. Roper on this if you are in doubt.
I don't believe I stated, in my case, that the mortgage was invalid, I stated that the case should be dismissed.
Failure of the acknowledgement or failure to record a power of attorney would NOT entitle a borrower to a dismissal in any state in the U.S., including Ohio where recording of the mortgage is required prior to foreclosure.
You seem to have seized upon a losing issue. Hopefully you have studied Mr. Roper's posts and have also found one or more winning issues. From what you posted, it sounds like you are completely on the wrong track.
I have seen a lot of others taken in by this same scam, which is promoted at some of the robo-signing sites.