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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I am trying to help a friend.  She and her husband are being foreclosed on in a non-judicial state.  To embarrassed to ask for help, they just let things proceed.  They had uncovered some docs that their signatures were forged.  We also believe that the assignments are wrong resulting in a clouded title.  Their home is scheduled to be auctioned the end of this month.  They are trying to stop the auction and in a mad dash to get any info to help to do that.  They are in the process of trying to find an attorney, which has been very challenging.

I have been reading this site for awhile now and I cannot find anything that helps with the problem my friends have  They applied for their loan from a mortgage broker and were told to send their payments to Bank 1.  They assumed that Bank 1 was the owner of the loan.  Then 3 years later they get a letter to send their payments to Bank 2 as they are now the servicer.  They got behind in payments, told they had to miss payments to qualify for modification and you all know the drill and the results.  Bank 1 has since been taken over by another bank and then that bank was taken over by the FDIC.

After looking at their loan docs.  MERS is on the loan and their site says Fannie Mae is the investor and Bank 2 servicer.  My understanding is Fannie Mae was set up to securitize the loans and if MERS is involved then the loan was securitized.  Someone correct me if I am wrong, please.  In some research I have done, I have seen assignments that give the Trust's name, which would mean you can look up the trust.  In my friends case, we cannot locate any mention of any Trust on any of the documents.  So if my understanding is true about MERS and Fannie Mae, shouldn't there be a trust that my friends loan was entered in and how in the world would one go about locating the name of the Trust?  If the loan was securitized then shouldn't an assignment or even the Notice of Default list the Trust?  Or is it possible that the loan was never securitized?  The bank nor the foreclosing trustee will give out any info to her.  I have been reading on other sites that some loans never made it to the trust.  Is it possible the loan never made it to the trust and they are covering up something here?

Is there a site or a post on this site that gives how to instructions in locating the Trust's name if there is one?  Or can someone on this site give me any info as what to do to find out if the loan was indeed placed in a trust.  I am aware that no one can give legal advice but any suggestions would be greatly welcomed.  If you need any more info, please let me know and I will try to get that info.  Thanks to all for your help.     


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FnDoomed
Here's a start:  http://ssgoldstar.websitetoolbox.com/post?id=4679582
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Texas
If you know MERS involved and it went to Fannie, not much more you need to know.
Tracking a singular mortgage in a Fannie issued Security, that's tough.

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William A. Roper, Jr.
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Texas said:
If you know MERS involved and it went to Fannie, not much more you need to know.
Tracking a singular mortgage in a Fannie issued Security, that's tough.



Well and succinctly said!

Does Fannie Mae Own Your Mortgage?

http://ssgoldstar.websitetoolbox.com/post?id=5199854

 

MERS Servicer ID Lookup

http://ssgoldstar.websitetoolbox.com/post?id=5346473


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If you want to find out anything else, you are going to have to learn through discovery of Fannie, MERS and/or the servicer.
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William A. Roper, Jr.
If you want to HELP YOUR FRIEND, then the best thing you can do is find them a capable attorney specializing in foreclosure defense and bankruptcy.  There is NO MARGIN FOR ERROR IN NON-JUDICIAL FORECLOSURE STATES!

While you are schooling yourself up to assist, your friends are going to MISS a key deadline and LOSE THEIR HOUSE!
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Adam
Here is what you dont want to do... You dont want to allow the sheriff's sale to go through... And this is from experience, its a much tougher road in an already tough journey to fight after foreclosure...

And Bill will get a kick out of this... have your friends HIRE AN ATTORNEY.. if they dont have the funds, perhaps thats the place you can help them.
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My friends are trying to find an attorney to take on the foreclosure, but they cannot find one that will take their case.  As they keep looking and calling, several of us are trying to find out as much as we can to help them.   We all know that this is way out of our league, none of us have any legal experience, but we are trying to help any way we can.  All of your posts have been helpful and we will continue to research.  Mr. Roper, you may be right, my friends may have no other option but to file bankruptcy to stop the auction.  Thank you all for your info and your words of warning will be taken seriously.  Any new suggestions or help anyone can give will be appreciated. 

We had no knowledge that they were in such big trouble and if we did we would have tried to help them sooner.  We all have contributed money to help them get an attorney.  Thank you all again for your posts.  "Friends Helping Friends"     
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George Burns
What state etc are they in?
What is the REAL reason why they  cannot find a lawyer to take their case?
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Mr Burns your post makes no sense to me.  Not all areas have attorneys that give a crap or have knowledgeable attorneys that can deal with foreclosures. 

An update.  My friends have decided to file bankruptcy.  The attorney they have found has had some experience with foreclosures.  He believes that bankruptcy is the way to go and is quite interested in the info we have uncovered.  Thanks to all for your help, even you Mr. Burns.   
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Brindy
Helping Hands.  Your post reminds of a drunk driver asking for directions.  A kind citizen tries to answer the questions and give good advice as to how to get from A to B.

Yet, the drunk argues with the citizen, complains about the directions and goes off and crashes his car into a canyon.

You asked for advice and you got what you paid for.  Nothing.  Burns was asking a legitimate question.  Where the property or debtors are located is an IMPORTANT question, especially about property rights.

The second question was directed to why the homeowners couldn't or wouldn't hire a lawyer - yet they seem to be able to hire a BK attorney.  People have lots of reasons to not want to hire a lawyer; no funds, laziness, fear, stupid, criminal, or just plan mean.  Maybe none of these examples apply but there certainly must be a reason.  Saying you don't understand the question and then shoot the messenger pretty much means your credibility is gone.

It is good that your 'friends' have in fact hired a lawyer.


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Thank you, Brindy.  I know that when you go on these sites you get what you get.  And the answers you get may not be what you want to hear.  That comes with the territory.  Mr Burns comment didn't make sense at the time I read it.  Yes, I know that the location of the property is important.  I was not present when the calls were made to attorneys, so I don't know what conversations they had.  Maybe I should have posted more info in my original post.  I volunteered to help anyway I could and I was given this site, as well as others, and started to read.  In an earlier post I stated that other friends (also some of their family members) contributed money for them to get an attorney.  Didn't mean to offend anyone and I don't take offense to comments made. This is a great site for info.     
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