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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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???

 

PaulR

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PaulR wrote:
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???

PaulR



Sorry, that should have read "why would they bother to try to . . . "
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Was the date of the first assignment dated before the date of the foreclosure lawsuit ? If it was, my guess is the Bank attempts to rectify the
situation by re-recording another assignment. So if your present case is dismissed without prejudice because the law indicated that Plaintiff must own the note BEFORE filing the lawsuit. With the new assignment, they can refile another lawsuit with correct asssignment date required by law.

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Ann wrote:
Was the date of the first assignment dated before the date of the foreclosure lawsuit ? If it was, my guess is the Bank attempts to rectify the
situation by re-recording another assignment. So if your present case is dismissed without prejudice because the law indicated that Plaintiff must own the note BEFORE filing the lawsuit. With the new assignment, they can refile another lawsuit with correct asssignment date required by law.



Hi Ann,

We were first served in August of 2007, and that was dismissed in June of 2009, first as a result of the judge's dismissal for lack-of-prosecution and then mere hours later by the Plaintiff submitting a voluntary dismissal.  Both of these dismissals were recorded in the county records.  There is no mortgage assignment whatsoever appearing in the county records during that time.

We were next served on 12/31/2009.  A mortgage assignment was recorded in our county records in October 2010.  It was dated on Feb. 3, 2010, but back-dated to Dec. 1, 2009 (presumably so that it was before our Lis Pendens was served on 12/31/09).

This new assignment just now appeared, dated 9/20/2011 and recorded 9/27/2011.  Why would they need new paperwork, since if they are going to try taking a 3rd shot at me (say, for the sake of argument, they serve me on 12/31 of this year, and ruin yet another New Year's of mine) ... they would already have a duly-recorded mortgage assignment in the county land records from 2010.  Or is it maybe because they don't want to have to use the back-dated one?

I'm obviously hoping that they overreached and screwed up by trying to record yet another one.  Either the first one is fraudulent or the second one is -- you can't have it both ways.  Or would they merely say "Your Honor, we voluntarily dismissed that last case, so any documents related to it are moot in this proceeding" (basically, what was at stake in the Pino decision)??

Paul


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Check the date of the Trust US Bank claims they are Servicer . If you have the Trust idenfication (usually indicated on the lawsuit ie US Bank as trustee for Trust XYY), check the date the Trust is formed. I believe that the Assignment cannot be done from MERS to the Trust after 90 days (REMIC rules).  US Bank is only the Servicer of certain Trust. They have to prove that your loan is in the Trust which they are Servicer. The latest Assignment could be fraudulent.  How can MERS assign the loan to the Servicer many months after the Trust closes ?

Read this to understand the Securization
http://www.scribd.com/doc/69035881/Securitization-Crisis-How-the-Mortgage-Securization-Process-is-Best-Offense-for-Forclosure-Defense

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Ann wrote:
Check the date of the Trust US Bank claims they are Servicer . If you have the Trust idenfication (usually indicated on the lawsuit ie US Bank as trustee for Trust XYY), check the date the Trust is formed. I believe that the Assignment cannot be done from MERS to the Trust after 90 days (REMIC rules).  US Bank is only the Servicer of certain Trust. They have to prove that your loan is in the Trust which they are Servicer. The latest Assignment could be fraudulent.  How can MERS assign the loan to the Servicer many months after the Trust closes ?

Read this to understand the Securization
http://www.scribd.com/doc/69035881/Securitization-Crisis-How-the-Mortgage-Securization-Process-is-Best-Offense-for-Forclosure-Defense



Ann,

I thought that as well.  My trust is a 2006 trust, and I included its Prospectus (which included the Pooling & Servicing Agreement) as part of my evidence during discovery leading up to our August trial (which the plaintiff voluntarily dismissed at the 9th hour).  The trust was pretty much toast as of 2008, when they filed with the SEC to not even have to do regular filings anymore.  I believe this is why the guy in BofA's Office of the CEO tried to claim, in his letter to me, that my mortgage was assigned to the Trust back in 2006, because he knows it's a 2006 trust.


Paul
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Your best action I think is take the 3 assignments to see 3 prominent foreclosure defense lawyers in your area. Tell them you are thinking to hire a lawyer and seek their opinions. First interview is free so try it.

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