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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Ginger
Supposing that titles are indeed clouded because of MERS, if the homeowner facing foreclosure elects the deed in lieu option, does this option clear the title for the next buyer? Does executing a deed in lieu or taking Cash for Keys somehow absolve the servicer or bank from the fraud?

Opinions or comments are solicited, but would not and should not be construed as giving legal advice.


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nobody
nemo dat
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Ginger
nobody, what does nemo dat mean?
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nobody
Nemo dat quod non habet, literally meaning "no one [can] give what he does not have" is a legal rule, sometimes called the nemo dat rule, that states that the purchase of a possession from someone who has no ownership right to it also denies the purchaser any ownership title. This rule usually stays valid even if the purchaser does not know that the seller has no right to claim ownership of the object of the transaction (a bona fide purchaser); however it is often difficult for courts to make judgments as in many cases there is more than one innocent party. As a result of this there are numerous exceptions to the general rule which aim to give a degree of protection to bona fide purchasers as well as original owners.

http://en.wikipedia.org/wiki/Nemo_dat_quod_non_habet
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