In doing my regular period records search of my county's records for further shenanigans on my mortgage (we are currently in limbo, after two voluntary dismissals by Bank of America), I did, in fact, turn up a recent mortgage Assignment, from MERS to US Bank (our securitized trust and Plaintiff in both of our actions). And the signature is one of a known new BofA robo-signer, Miguel Romero.
On August 3rd of this year, we appeared in court to fight BofA's motion for summary judgment, and they suddenly withdrew, without explanation. Now I see where this new mortgage assignment is dated 9/20/2011.
I already caught them recording a back-dated a prior mortgage assignment, from MERS to US Bank, back in Feb of 2010 but back-dating it to Dec. 1, 2009 ( we were served Lis Pendens on 12/31/2009). So correct me if I'm wrong, but how can my mortgage have been assigned from MERS to US Bank TWICE, a year and a half apart?
Both of these assignments have been officially recorded with my county's property records.
I fully expected BofA to try to "get their paperwork in order" and come back after me (and my intent is to fight them with a "two voluntary dismissals equals adjudication on the merits" defense), but I thought it would be in the form of simply filing a new Lis Pendens now, and using the existing assignment dated Feb 2009, since that would now be a "good" date and no need for back-dating. Why would they both to try to execute ANOTHER mortgage assignment to the Trust, thus opening themselves up to us showing two attempted assignments of the same instrument???