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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Jimbo2014

Not sure if I'm looking at chain of assignments & recording correctly

new mortgage 11/2004 recorded 1/3/2005 bank "A"

Trust claims to the holder 1/1/2005 thru today but never records anything claims to holder in blank. call them bank "T"

1st assignment 11/2004 & recording  3/2008  bank "A" to "B" (strange almost a 4 year span)

Bank "B" went belly up in 2009

Loan mod to bank "T" mortgage & note (for an increased $$ amount) 8/2009 unrecorded.

this modifies the trusts M&N (unrecorded)

June 2012 lender "B" assigned & recorded to the trust "T" (same Trust as above), now since bank "B" is out of biz they can't transfer what is not theirs let alone the Robo signed assignment.

if I reading this correctly since the 8/2009 loan mod wasn't recorded is not a nullity by the June 2012 assignment?, but since this assignment should be deemed a nullity does the loan mod survive?

Now bank "T" files FC 7/2012 and recently for SJ claiming it is the holder in blank, doesn't need to have it endorsed or recorded (in violation of the PSA, another story) but then in the same sentence says it was assigned & recorded to them days before filing the FC ot 7 years later.

Are you confused as much as me?

As a side issue the Loan Mod has a provision "this agreement shall be of force or effect until....is not considered received by loan servicer unless and until it has been delivered the loan servicer at xxxxx FL and internally date stamped, now looking at their original papers, sig page there is no date stamp nor is it countersigned by the loan servicer, only my sig appears.

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iknow

While you made this as complicated as you possibly could, I don't see what it matters.

A mortgage does not need to be recorded to be valid.  Assignments don't need to be recorded to be valid.  IF there was an assignment shown to be invalid, the bank could simply ratify the assignment and everything is just fine.

The recording statues are in place to protect the MORTGAGEE, not the homeowner.  The worst that could happen is that a failure to record a mortgage/assignment could allow a different entity to file a different lein and become the first lein holder.  This has NOTHING to do with a borrower. 

The bottom line is the mortgage follows the note.  While there are some small nusances, a negoation of the note carries with it the mortgage. 

"Between two evils, I always pick the one I never tried before."

-Mae West
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mar7
I would like input from other 'knowledgeable posters' (the bat light is beaming)on the following:

My opinion is that thru the loan modification you essentially accepted and then waived any further challenge to those events prior to the date of the loan mod.

****
thus, I believe that you should, in the minimum, consider a preliminary consultation with the 'best' foreclosure attorney in your area.
****

  
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texas
iknow stated:"A mortgage does not need to be recorded to be valid.  Assignments don't need to be recorded to be valid.  IF there was an assignment shown to be invalid, the bank could simply ratify the assignment and everything is just fine.

The recording statues are in place to protect the MORTGAGEE, not the homeowner.  The worst that could happen is that a failure to record a mortgage/assignment could allow a different entity to file a different lein and become the first lein holder.  This has NOTHING to do with a borrower. 

The bottom line is the mortgage follows the note.  While there are some small nusances, a negoation of the note carries with it the mortgage."

Comments noted in red.

A mortgage does not need to be recorded to be valid. Depends as to if rights need to be perfected. Some states are lien theory states. Some states title theory.

Assignments don't need to be recorded to be valid. Depends, as to if "rights" are required to be timely perfected in a subsequent parties name.

IF there was an assignment shown to be invalid, the bank could simply ratify the assignment and everything is just fine. Depends if such is done in a timely manner, once a right dies, resurrection is not possible.

The recording statues are in place to protect the MORTGAGEE, not the homeowner. Prohibit Fraud/Statutes of Fraud

The worst that could happen is that a failure to record a mortgage/assignment could allow a different entity to file a different lein and become the first lein holder. Also if not timely filed expiration by operation of law.

This has NOTHING to do with a borrower. "INCORRECT" 

The bottom line is the mortgage follows the note.  While there are some small nusances, a negoation of the note carries with it the mortgage. Stipulated, except what was bought and sold?
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Jimbo2014
mar7 wrote:

My opinion is that thru the loan modification you essentially accepted and then waived any further challenge to those events prior to the date of the loan mod.
 


Not sure why you say that?

Now what about the load mod clause?

As a side issue the Loan Mod has a provision "this agreement shall be of force or effect until....is not considered received by loan servicer unless and until it has been delivered the loan servicer at xxxxx FL and internally date stamped, now looking at their original papers, sig page there is no date stamp nor is it countersigned by the loan servicer, only my sig appears.
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iknow
Jimbo2014 wrote:
mar7 wrote:

My opinion is that thru the loan modification you essentially accepted and then waived any further challenge to those events prior to the date of the loan mod.
 


Not sure why you say that?

Now what about the load mod clause?

As a side issue the Loan Mod has a provision "this agreement shall be of force or effect until....is not considered received by loan servicer unless and until it has been delivered the loan servicer at xxxxx FL and internally date stamped, now looking at their original papers, sig page there is no date stamp nor is it countersigned by the loan servicer, only my sig appears.


1. He is saying that because generally it is true. Its important to read the entire document.

2. A contract takes an offer and acceptance. You signed the document, but if the servicer did NOT sign the document you really don't a modification. If the servicer wanted to enforce the modification they can produce a countersigned copy. If they wanted to say there WASN'T actually a modification, you don't have a signed copy really showing an offer and acceptance. They could simply say they changed their mind and there really wasn't a mod in place.

It is pretty sneaky to do business.
"Between two evils, I always pick the one I never tried before."

-Mae West
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