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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How do you find the SEC information of when/how my mortgage note was sold to Wall St?  Where it is? The assignment?  The pool and/or trust number?
A pre-thanks,
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Knows About SEC
There are over 50 million outstanding mortgages in the United States.  You are EXTREMELY UNLIKELY to discover the true identity of the owner of your promissory note EXCEPT FOR one of the following ways.

1.  AFTER DEFAULT, the owner of the mortgage may be named as the plaintiff in a foreclosure suit in a judicial foreclosure state.

2.  As a DEFENDANT in a mortgage foreclosure suit, you can use discovery under your jurisdiction's Rules of Civil Procedure to request the disclosure of the owner and the holder by interrogatory or to discover documents memorializing the chain of ownership via request for produciton.  The plaintiff will OBJECT and RESIST any such discovery requests.  You will probably have to get a court order to get your discovery answered.

3.  As the DEFENDANT in an unlawful detainer action, an ejectment or other action for possession of the premises, you can initiate discovery as described above in 2.

4.  As the plaintiff in an application for a temporary restraining order and/or a permanent injunction, in the case of a deed of trust private sale, you may also have some rights to discovery.

5.  With MERS registered loans, it might be possible to get some MERS member to perform a loan lookup for you identifying the owner of the promissory note, however, this is likely to leave an audit record within MERS' records of the lookup and you are going to have a great deal of difficulty finding anyone to do this for you.

6.  With Freddie Mac owned loans or loans guanteed by Freddie Mac, you can use an online query facility to determine whether Freddie is the owner.  But they will NOT identify the loan pool and any indication that Freddie is the owner may actually be ERRONEOUS, as it may be a trust created by Freddie that actually owns the mortgage.


IF you already have identified the owner by one of the means mentioned above, you MIGHT be able to CONFIRM the ownership by scrutiny of the mortgage trust's original registration statement, or, more likely, the supplemental or amended registration statement.  These can be looked up on the SEC's EDGAR facility.  However, to FRUSTRATE the public's ability to LOOKUP the collateral of these mortgage trusts, most of the trusts delivered ONLY A PAPER COPY OF THE SCHEDULE OF COLLATERAL UNDER THE PSA TO THE SEC.  The SEC generally makes available only the DIGITAL COPIES of documents filed.  The PAPER COPIES are accessible only by a visit to the SEC.  So IF you already know the identity of the trust, you might have to GO TO WASHINGTON and read through the paper copies yourself.


Discovery is your surest avenue.  But the mortgage trust will almost certainly RESIST DISCOVERY and it will probably take a court order.  START EARLY and design your discovery to make a compelling case on a motion to compel.
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