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
Carrie

Are there any public registries or some other means that show official signatures of attorneys and notaries?

Quote 0 0
This place helps!!

http://frauddigest.com/indict.php

Quote 0 0
Carrie
Thank you, Inquiring, but what I need is some way to compare the signature of the foreclosing firm's attorney who executed the assignments out of MERS before my foreclosure case was filed.

Also, I need to see the notary's signature on some other document to compare, as it is peculiar that the notary is registered in a county 100 miles from the foreclosure firm's office. I suspect both of these are forged signatures on the MERS assignment to the servicer. 

Sure would love to catch that going on in my state. Florida is rife with the robo-signers, but none reported, as far as I know, in my state.





Quote 0 0
William A. Roper, Jr.
The single best way to find a reference signature for a notary is to obtain a copy of their APPLICATION for notary commission with the authority supervising notaries in the state in question (usually the Secretary of State).  You should be in touch with this authority anyway to prepare a disciplinary complaint whenever you find evidence of notary misconduct.

There is probably a similar provision to obtain the attorney's signature from his application to practice law, though I am less familiar with doing this.

An alternative for both is to first identify WHERE these persons reside and then to seek to obtain either (a) a copy of their voter registration card, or (b) a copy of a mortgage, deed of trust or similar instrument used to purchase their residence (if a home owner).  Applications for a marriage license, or similar public records may also contain these person's signatures.  Obtaining more than one example is a good idea.

*

You need to appreciate and understand the LIMITS to such an investigation though.  Simply because a signature is irregular or inconsistent with a benchmark example, it does NOT follow that the signature is a forgery or that it was made by someone other than the purported signer. 

You might need an expert witness with experience in handwriting analysis to carry this point in court.

And even if someone else DID sign, in some cases this is EXPRESSLY PERMISSIBLE, where authorized.

Exceptions where someone else signing would almost NEVER be permissible would be (a) on an affidavit, (b) where a notary has authenticated that the person personally appeared, (c) in some jurisdictions, on papers filed with a court by an attorney (which raises UPL issues).  The former two are never permissible.  The latter is impermissible in some places and permissible in others.

Signing someone else's name without authorization is usually forgery.

*

Even when a document such as an assignment is executed by a person without authority or without authorization, it can sometimes be MADE EFFECTIVE by subsequent ratification.  So you also need to realize that there are some LIMITS as to a conclusion that an instrument is VOID due to lack of authority.  If the proponent proves ratification, you could still LOSE on this point.

Be sure to carefully study the statute of frauds and the cases relating to the statute of frauds, as well as the cases pertaining to ratification, for your jurisdiction.

Quote 0 0
Carrie
Exactly all I need to know to investigate this further. THANK YOU!
Quote 0 0
Carrie as WJR suggest a letter to the S of S requesting information on a Notary is good advice. Have done a few for people and have found that the individual was not registered with the state. Also there is plenty of information on the web providing individual state requirements. In some states a Notary is required to keep a journal of all the documents/dates they have signed. Check your state bylaws and good luck.

It also helps to get various documents that they signed, many times a Google search will bring up documents in various state registries. You can then see a time line of dates when they signed, in your letter request ask if  said person was registered on those dates. Again good luck.


Quote 0 0
Write a reply...