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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Brian T
Say I have mortgage in 2006 assigned to Opt one, but not recorded until 2008.

Now a trust BOA says in a 2006 trust they didn't record the assignment at that time but did so in 2012 just before commencing a foreclosure, in their complaint they carefully crafted the wording to say recorded in 2012 to memorialize the assignment to the trust 2006.

Opt one is out of business in 2008 never showing a transfer to anyone at close of business.

What do you think of this chain of assignments.

It appears to me that BoA failure to timely record to the trust as required by the psa, invalidates the 2012 assignment.
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Texas
How can you memorialize an event that was required to be of record at the time of the event per the Trust/PSA documents?

Presuming that the Trust/PSA requires matters of law to be followed,notice years later of attempt to memorialize an event that did not occur does not appear to be in compliance with many Trust/PSA guidelines.

Proper chain of assignments of the security interest as required by the PSA and a alleged claim of memorialization of a non existing event proves what? What depends upon the state.
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jlcam37
It proves there is a break in your "clear chain of title" to your property. They are most likely not the true owner of the loan and are trying to cover their tracks. They either failed to transfer the loan into the trust or it made it and they kept copies of the note and or deed of trust.
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FnDoomed
No. Just because a trust failed its own processes doesn't mean they don't own your loan. They may have screwed up their tax status, but that is not your winning argument.

As to the people being out of business, read Drouin v American Home Mortgage Servicing. That might have more applicability.

http://scholar.google.com/scholar_case?case=1401285763531920008&q=drouin&hl=en&as_sdt=2,20&as_ylo=2012

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Jack
Great case
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