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.
Articles |The FORUM |Law Library |Videos | Fraudsters & Co. |File Complaints |How they STEAL |Search MSFraud |Contact Us
Ginger
In a recently published transcript, Hultman stated that MERS requires members to record the assignment of mortgage (out of MERS to the servicer) BEFORE filing a foreclosure case. If a member fails to do that, would it hold any weight in court as proving the servicer did not have standing? Would it be similar to the PSA agreement that dictates how the transfers must be handled? In my case, the MERS AOM was recorded one day after the case was filed.

Also, in a recent case in my state the Court stated that if the servicer had the original note in its possession, then it was the owner of the note and had right to foreclose.

So, would a servicer be the owner if it simply alleges it is "the owner/or holder of the note" when the foreclosure case is filed, yet admits three months later it is still waiting to get the original note?

It seems to me that this means it owned neither the note nor the mortgage when it started the case. Maybe just wishful thinking.


Quote 0 0
Write a reply...