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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Maybe I could get a few thoughts on this:

In a foreclosure action by a Trustee where the Servicer is the party moving the court under a Power of Attorney from the Trustee how can the Servicer do anything with the POA until it definitively shows that the note and mortgage are in the Trust?  I kind of felt it was putting the cart in front of the horse.  Before you can act under a POA from a Trustee of Series XXXXX wouldn't the Servicer be required to show that the Trust of Series XXXX is the owner of the note and mortgage? 

This seems to be complicated even further by not having any assignments of the mortgage recorded from each member in the securitization chain or intervening endorsements.  Even if you can show Bank of America does currently hold the original note, would they be required to show that it was negotiated to the Trust Series XXXX and not just Bank of America? 
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How about when:

 1. MERS assigns the note/deed of trust to the servicer and then
 2. servicer assigns the note/deed of trust to the trustee?  and then
 3. that trustee(a) assigns the note/deed to another trustee(b).

The servicer has filed the NOD and NOTS in this non-judicial scenario. Where is the POA and from who?

The real kicker with this one is in number 3.

That trustee(a) should never had been named on that assignment because they were bought by trustee(b) about a year earlier.   If they were doing the fraud the correct way on assignment #3 it should have had trustee(b), as Successor Trustee by merger to trustee(a), as Trustee for BLAHBLAH BLAH Trust 2005-6ZC”

Also, #3 was recorded in the wrong counties recorder's office. But they don't have to record so none of the fraud matters.  Interesting how all these assignments are done years after the Trust can accept or it would be an adverse REMIC event.

The non-judicial was started in the servicer's name. So let me guess, they have a POA from the trustee?  How does that work with the above scenario?  Oh yeah, I'm in a non-judicial state, nevermind.

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