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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Carol
Just served, they are basing the action on a modification agreement, but in looking at this agreement, it was never signed by the bank, and according to its terms it was to be signed date stamped by the bank and returned to me.

That was never done and in checking the clerks office it was never recorded.

Clerk did say that she sees many modifications being recorded.

Did the bank make a fatal error.

This in in NY.
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Angelo
Carol wrote:
Just served, they are basing the action on a modification agreement, but in looking at this agreement, it was never signed by the bank, and according to its terms it was to be signed date stamped by the bank and returned to me.

That was never done and in checking the clerks office it was never recorded.

Clerk did say that she sees many modifications being recorded.

Did the bank make a fatal error.

This in in NY.


The modification just modifies the note, note the mortgage!  Therefore the modification doesn't need to be recorded just like the note doesn't ever get recorded in NY, just the mortgage. 

How do you know the modification wasn't signed by the bank?  Just because you never recieved a signed copy doesn't mean it wasn't done.
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Texas
Modifies the Note but affects the Mortgage.
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Angelo
Texas wrote:
Modifies the Note but affects the Mortgage.


How does it affect the mortgage?  The mortgage is only a security instrument for the note, because you change the terms of the note, how does that effect the security? 

Every modification I have seen always has a privision that states..."Except as otherwise specifically provided in this agreement, the note and security instrument will remain unchanged...."
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Carol
Well the QWR from the servicer resulted in a copy of the Mod unsigned not stamped.

The Complaint had a copy attached same way. My copy same

They also never mentioned  or proved yet, that they had power of attorney to enter into a mod agreement.

Just found this

New York General Obligations law (N.Y.GOB&rdquo  § 5-1111 states the following:

                   If executed by an agent, any agreement, promise, undertaking, assignment or offer required by section 5-1103, 5-1105, 5-1107 or 5-1109 to be in writing, which affects or relates to real property or An interest therein in any manner stated in subdivisions one or two of section 5-703 of this chapter, shall be void unless such agent                 was thereunto authorized in writing.”

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Texas
Precise word - "authorized".
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Angelo
@ carol

That statute was a good find, when was the modification signed?  I know Mr. Roper had a thread that talked about this exact topic.  If Im not mistaken he claimed that since you made payments on the modification, it is binding, even if it wasnt signed by both parties. 

Do a search and see if you or anybody else might be able to find that thread
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Carol
Interesting, I rescinded my Mod agreement about a year ago with my last mortgage payment, they keep saying as soon as the trial period was up I would get a signed copy.....never happened.

They never replied until a year later with Complaint of foreclosure.

I think I can overcome the payments not binding with my particulars.
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