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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Hello all..
I am in a foreclosure lawsuit with my "Pretender Lender" and had a thought.
My mortgage was with Irwin Mortgage and was sold to Everhome Mortgage in late 2007. They never assigned it to Everhome with the county records until they were about to start a foreclosure suit.
My case has all of the typical "marks" of a bad bank paperwork loan:
1) Reassignment just before action
2) Irwin mortgages' parent was dissolved by FDIC Sept 2009
3) Assignment of Mortgage was signed by "VPs of MERS" as nominee for Irwin, but no corp seal or proof they had capacity to do it,
4) Plaintiff is ONLY "Everhome" no "trustee for xxx certificates" etc. and
5) Assignment "VPs" are workers of Lender Processing Services in Mendota Heights, MN and notarized by a Dakota County Notary.

I think my lawyer has more that enough to get it dismissed, but would like to get one more bullet in his ammunition pile.
How do i find out what pool my loan is in? I would LOVE to prove what pool it is in and the terms of the PSA (typically showing that the Lender was already paid out for the loan) and buy a share of the pools' certificate.
Then at the hearing, I could have my lawyer PROVE Everhome is NOT the true owner/holder of the note by producing MY PROOF of being a TRUE holder and owner (at least in part) of the note and watch the opposing counsel scramble like the roaches they are and expressing that WTF??? look on their faces.

I know securitized loans are recorded with SEC filings, but where do I start?
With Irwin, Everhome, or Everbank (Everhome's parent bank)?
Do these docs show the actual loan numbers so I can search for mine?
Is there an easier way to find this information out without asking for it from Everhome or waiting for them to disclose it in the case?
I want to get the info and share bought before they disclose it.

Thanks for the help...

BTB

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anon
Hi Bob

Another weary veteran in the foreclosure wars. However in my case my lender was Countrywide. Without giving too much away, from docs received in discovery I found the name of the certificate. (or a good idea of it). So your first step is to demand a good discovery of all docs. In my case Countrywide claimed this infor was propietary info. Jerks. If you go to a good website: you can pay for access to websites that extract sec info (trial subscription) or a free access is secinfo.com (i think ) Look up the servicing and pooling agreements. In those they describe how they acquire the loans, who holds the documents, the trustee, the insurance company who insures the loans so on and so forth. In my case the servicing and loan pool docs stated that the info for the the loan pool is known only by the trustee. If you discover the name of the trustee you can subpoena docs in discovery. This is my experience. Another thing to know is that these bonds, certificates, what have you are described by what is called a CUSIP number. A CUSIP number is propietary info and can only be discovered if you pay a lot of money to some website (if I recall correctly Standard and Poors) do a google search. The pooling and servicing docs are about 350 pages and spell everything out in exact detail as to how the mortgage pools are created and sold. If only mortgage docs were this clear. This is a ton of info to wade thru but well worth the process. I understand your fustration because I can't tell you how many times I searched the SEC website to no avail thru millions of .txt files.
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