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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Margaret
After digging around a little, I have noticed that when people are replying to their foreclosure notices in our county with an answer & affirmative defenses, that the mortgage servicers are doing an assignment of mortgage transfer in Texas. Pretty far away from where we are out.

So, basically MERS as nominee for ______ Mortgage Company is selling, assigning, transferring etc....over to One West Bank.

Wouldn't this be considered a Fraudulent Conveyance?

Wondering if a title search would be a wise decision to get done asap?
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Stop MERS
Sounds as though you are an IndyMac victim.  One West Bank is picking through the scraps of IndyMac for the FDIC.  Search the Forum here with keywords "MERS" and "Roper".  Roper was a former Forum participant who really understood MERS and posted a lot of good information.  Also look in the Legal Lounge for MERS materials.

The assignment is a fabrication created solely for use as false evidence in your case.  The way you prove that the assignment is false is to use the resources Roper identified and then note the language in your assignment.  The forgery will say that MERS is assigning the mortgage as well as its interest in the promissory note and indebtedness.  But MERS never has an interest in the promissory note.  It is the false indication that MERS is also conveying the promissory note which can be used to prove the forgery.

Better to contact Roper, if he will still respond to Forum participants.  
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Sara
I brought this subject up at my own foreclosure hearing.  I also informed the judge that the assignment was to a company that had the same exact address as the company who started the foreclosure process.  It didn't seem to matter in my case.

S
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Margaret
Sorry to hear that Sara. If you don't mind me asking what state/county are you in?

I am imagining I will find resistance in the county where I reside just by looking at the shere number of foreclosures being done where the assignment of mortgage has been transfered right around the time the lis pendens is filed.

What I do have on my side is that if MERS trys to pass the assignment off to One West Bank, I have a letter from IndyMac's VP saying that IndyMac does not own my mortgage.

Thanks for the information & tip "Stop MERS"....LOL Love your screen name....haha
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    This information may help some people in Florida and perhaps other states
as well.
    According to the Florida Department of State, Division of Corporations, MERS is listed as a REGISTERED AGENT, not a normal business corporation.
This means it is authorized to accept process for the members of MERS.
As far as I know, a Registered Agent does not have a "power of attorney"
to do anything other than accept process. So all these assignments from
MERS to another entity, must be unlawful and void.  A "Nominee" in the
securities business is only a "street name" for the true owner of the security.
To assign a "mortgage" the true owner of the mortgage must assign it, not
some "street name" and it must be recorded at the county clerk's office.
     In many cases, the original "mortgagee" went out of business, and is no
longer a member of MERS. The "mortgage" was never lawfully assigned before
the original mortgagee went out of business. Once the mortgagee is out of
business, it can NEVER BE LAWFULLY ASSIGNED! "Mort gage" in French means
"death" "gamble". If the borrower dies, the debt is due on death, however the
flip side of the coin is that if the lender dies first, (is dissolved) without first
assigning the mortgage, the borrower wins the "death gamble" and the mortgage is null and void. Soo, many people own their property "free and clear" right now, but don't realize it!
      The "Note" is a different story. In most cases, the Note was sold immediately after the loan and may have been transferred several times.
As long as it was lawfully endorsed each time it was transferred, it is enforceable in a "Court of Law" but not in a "Court of Equity", ie foreclosure
court. The "note" is "unsecured" and could be modified in bankruptcy. No
foreclosure is possible!
      If the "Note" is lost, than it may not be enforceable because the procedure for enforcing a "lost Note" is very difficult. The requirements
for "reestablishing a lost Note" are given in Fl. Stat. 673.3091. Seldom
is it lawfully possible to reestablish a "lost Note".

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Margaret
In my paperwork it says MERS is Mortgage Electronic Registration Systems, MERS is a seperate corporation that is acting soley as a nominee for Lender and Lender's successors and assigns. MERS is the mortgagee under this security Instrumnet.

Which kind of contradicts that they are acting soley as a nominee.

Lender is IndyMac Bank.

What I see is MERS is assigning the mortgage to the servicer when a lost note affidavit is filed. Once that is done they are foreclosing at an alarming rate. Many of these foreclosures are people with attorneys. How is this happening?

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     MERS's own rules of 2008 state that if the Note is lost, the (pretender)
lender can not use MERS's name in the transaction of foreclosure.(ie in equity court).
     If the plaintiff has a valid Lost Note Affidavit, then they should be enforcing it in a court of law, (ie a money judgement only) not a court of equity.
     In the latter case, bankruptcy might be the way to go especially if the
property is homesteaded property. When you file, list the debt as unsecured
and the asset, the house as unencumbered, and make them prove they have
a valid lien,(mortgage).
     The concept is that the mortgage(lein) got separated from the Note
early on, so the Note is now an unsecured debt.
     Go to Livinglies.com for further information on this concept.
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