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
In June sent in payment for our 1st trial mod payment-we sent the payment certified return receipt and got the card back.  OK all is fine we thought.  Then  Friday we came home to a Notice of Default on our door.  Spent Friday afternoon on the phone with Wells Fargo, got transferred several times and  eventually hung up on.  Could not even find out what happened to the payment we sent in.  We were getting ready to send in another payment.  We did everything WF told us to-will spare the details because I am sure you already know.

In WA state, non-judicial.  MERS is part of the loan.  Fannie Mae is listed as the investor and WF Bank, NA listed as servicer.  However, we sent in payments to WF Home Mortgage.  Northwest Trustee Services is the trustee foreclosing on us.  Friday did an on-line search with the Register of Deeds.  The only assignment listed had the mortgage broker we went through in 2002 to get the loan and nothing else is there.

My neighbor went with me to the Register of Deeds office to check the situation out today.   There were no new assignments.  How can NW Trustee foreclose on us if they are not listed on an assignment with the ROD office?  Shouldn't they have been listed with the ROD before sending the NOD?
Should I send a debt validation letter to them?

My neighbor that went with me lost her house last year to foreclosure.  While we were there she showed me that the same thing happened to her.  No assignment was made by NW Trustee until a month after the NOD.  She also showed me what a break in the chain of title could look like.  She pointed out to me some of the mistakes on the assignments on her foreclosure.  Couldn't believe it.

I know I need to find an attorney but can someone with knowledge answer the questions I asked in the meantime.  I don't feel feel good about this and I am afraid we will lose our home.  My husband and I are loosing our minds with worry.  4th of July was no holiday for us.  Thank you for any info you can give.    
Quote 0 0
Did you look for a Substitution of Trustee?  NW Trustee Service would not have been assigned the loan in order to foreclose. They are acting as trustee not the noteholder. You need to look for a Substitution of Trustee (SOT) and see who signed that document.  The entity that signs that document should have an assignment into that entity or the servicer as attorney in fact for the note holder.
And the reason no assignments have been filed of record is due to MERS - Mortgage Electronic Registration Systems, the company that tracks the note holders and the servicers. 
If you read through this site and you can educate yourself on the process.  In addition, maybe and hopefully Mr. Roper will chime in as he is very knowledgable and will not misguide you.  Good luck to you.
Quote 0 0
Sorry if I did not make post easy to understand.  This is all new to me.  I have gotten some info from my neighbor so I kind of have an idea of what is happening.  My terminology may be wrong, so bear with me. 

I understand that NWTrustee is acting as trustee.  I understand that they are acting on behalf of the alleged note holder  There, however, was NO assignment for substitution of trustee recorded in the ROD office as of today.  There was only the one from 2002.  That is why I asked how can they start foreclosure when they are not recorded with the ROD office.  How do I know that NWT has the right to start foreclosure if they have no recorded assignment with the ROD?    
Quote 0 0
Ed Cage

Jonel wrote:
However, we sent in payments to WF Home Mortgage.  Northwest Trustee Services is the trustee foreclosing on us. 


Jonel if you dealt with WF (I assume you mean Wells Fargo) you need to be aware you likely have a problem with Forced Placed Insurance. They are in cahoots with Balboa Insurance and both are hard core criminals. The Forced Insurance is nothing to take lightly,,, They will secretly (If they can) charge you 3 times what you were paying for insurance. They are very reluctant, deceptive, and make it quite difficult to cancel the Forced Insurance.
 
It is extremely profitable.
 
Ed Cage
Quote 0 0
These guys are supposed to be good - look for Washington State
http://www.maxbankruptcybootcamp.com/find-graduates

Quote 0 0
I would like to suggest something and see what others think.

What about filing a sworn to and notarized Affidavit and have it recorded in your property records, describing what is going on and that your home appears to have been targeted by a theft by deception scheme.   I would also alert the County Register that someone may attempt to file forged documents against your property in an attempt to steal it.

Many county registers are issuing "Property Alerts" on their websites to ―"allow property owners to take appropriate action should they believe fraudulent activity has occurred with their property".  It seems that informing them and filing an affidavit would be an appropriate action.

Since MERS is involved, your debt is unsecured and your Deed of Trust or Mortgage is rendered null and void and therefore none of these criminals can trigger the foreclosure clause in the security instrument.

What will the criminals and the Title company do when they see and read your sworn Affidavit?
Quote 0 0
Robert P.

Please explain more and give examples of affidavit (where has this worked before).

Quote 0 0
FnDoomed
I doubt such a tactic has "worked" anywhere if the definition of "worked" means to stop a foreclosure.

If "worked" means "clouded the title" and made things take longer then there may be something to the idea, if you want to risk slander of title litigation...

I've seen similar tactics employed post foreclosure by people filing "reclamation deeds".

Quote 0 0
George Burns
Jim

I have a problem with affidavits etc that are based on an emotional opinion for which there are no supporting facts. A homeowner making the allegation that you suggest would not be able to state anything factual. They could not say definitely that their opposing party either does not have the required documents or the required standing. All they could allege is that they have not yet seen it.

Not seeing it, does not mean that it might not be eventually produced.

To me, it seems that by claiming deception and an attempt to "steal", you could be leaving yourself open to libel and interference with trade, among other things.

Also the idea that because MERS is involved, it automatically and always means that the Deed/Mortgage is null, is dangerous to assume. How did you come to such a conclusion?
Quote 0 0
William A. Roper, Jr.

Quote:
Jim said:

What about filing a sworn to and notarized Affidavit and have it recorded in your property records, describing what is going on and that your home appears to have been targeted by a theft by deception scheme. I would also alert the County Register that someone may attempt to file forged documents against your property in an attempt to steal it. 


I would concur with George's unease with affidavits which are not based upon readily proven hard facts.  In many places, there is a recognize tort of slander of title.

While, admittedly, borrowers in great distress and already in default are probably mostly judgment proof (in the sense that they have few other assets which might be reached through further litigation), there seems little advantage in adding possible criminal liability to what is a civil matter.

If the borrower isn't already in default, recording documents which create clouds on the title might very well put the borrower into at least a lender asserted breach. 
Quote 0 0
Write a reply...