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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William A. Roper, Jr. Show full post »
Which Note?
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Re: Texas “What Note.”

Sorry for the miscommunication! I believe the initial inquiry by AZMike was a ‘hypothetical’ question ~ which is the same as my inquiry ~ a hypothetical question relating directly to the ‘hypothetical’ the court seem to be addressing. Thus, not directly referencing the actual ‘Veal’ ‘Note nor its Mortgage’.

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“I think one of the most interesting parts of the opinion is the discussion of splitting the note from the mortgage on pages 32-34. This was not a MERS case and the opinion seems to suggest that a proper mortgage assignment from the owner or holder of the note that also expressly includes reference to the note as being [indorsed]  (which the assignment to Wells Fargo in this case did not) will constitute a valid [indorsement] or “transfer” of the note.

…., I wonder if this language of the opinion could be used to argue that the typical MERS assignment of a mortgage which includes specific reference to [indorsement] of the note, “splits” the mortgage from the note because MERS may have had authority to assign the mortgage but did not have authority to[indorse] the note. If so, could you then argue that the note has become irrevocably “unsecured”? “

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Like stated, MERS assigned what to which note. Which/what note?
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