But while I have been searching for certain information - I did come across this which will help those in need.
Researching and Identifying Fraudulent Assignments to get out of foreclosure.
What is a mortgage assignment?
Mortgage Assignments – This is a written document serving as evidence of a transfer of a loan obligation from the original borrower to a third party. Which reveals that a mortgage has been transferred the deed of trust or security deed is the debt attached to the mortgage that is now owed to the new owner.
This is where research and discovery is most critical when [spin]fighting foreclosure|stopping foreclosure|avoiding foreclosure|preventing foreclosure[spin] . A mortgage assignment transfers the rights of the original lender to a new holder. Keep in mind, the original lender is Paid OFF. So the new holder must prove to be in Possession of the original mortgage note and a holder in due course if challenged to have a legal standing to foreclose.
Identifying Mortgage Assignment Fraud: Six Action Steps
Action 1 – Identify the date the mortgage assignment was executed and recorded. Generally, the mortgage assignment will be [spin]executed|signed[/sign] soon before the foreclosure sale date. How is it possible that the mortgage assignment is valid and the owner is truly a holder in due course?
Action 2 – Did MERS (Mortgage Electronic Registration Systems, Inc) serve as Nominee? MERS is a separate corporation and is often the beneficiary of over 50 million loans held in securitized trusts. However, MERS assignments purports that it transfers the {spin}mortgage|mortgage note|mortgage loan{/spin} which would be the deed of trust in non-judicial states or security deed in Georgia (all known as the debt) but also includes the transfer of the Note.
Note: would be the deed of trust in non-judicial states or security deed in Georgia (all known as the
debt) but also includes the transfer of the Note. Note That MERS has NO Authority to Transfer the NOTE.
Action 3 – Does the mortgage assignment have a corporate seal affixed? It may be challenged
that it is not valid if it does not.
Action 4 – Review all signatures and look up the notary name and examine the signature on the mortgage assignment. Now research the notary name on file in the state that the notary is registered. Review the signature of the notary on file and it should match your mortgage assignment. However, the recorded mortgage assignment will likely have a notary signature that are Squiggle Marks (OMG !!) hard to make out an actual signature name.
It can be challenged that the notary signature do not match and that the document is invalid. Here is where it gets interesting, typically, ALL of the signatures on your mortgage assignment are Squiggle Marks !! WTF !?? Oops, did we say that? But you can clearly see that ALL the signatures on your mortgage assignment are squiggle marks. Why are the signatures squiggle marks? Well, if MERS is involved which this is usually the case they will assign MERS “Authorized Signators” who are employees of its member institutions that are located throughout the country and these “Authorized Signators” routinely execute Assignments even though they are NOT employed by MERS. This makes the foreclosure process easier for them.
Which allows them to execute the mortgage assignment and have it recorded just days before a foreclosure lawsuit is filed or a trustee’s sale takes place.
Action 5 – Review the signing officers on the mortgage assignment and It can be Challenged that HOW can someone assign my mortgage for a company that they don’t even work for solely for the purpose of foreclosing on my home particularly right before getting ready to foreclose on me? What is the problem? This fraudulent act completely circumvents proper laws that govern how to document the Chain of Assignment and Ownership. Hence who is the TRUE “Holder In Due Course”?
Action 6 – Do you have a Pretender Lender? Generally, MERS is hiding or NOT Listed. This is often a successor in interest to a mortgage company no longer in business or that purchased your mortgage company.
You can more foreclosure prevention tactics from The Go Fight Foreclosure System. The leading DIY Foreclosure Prevention System provides and easy step-by-step guide to arm yourself with the knowledge and tools you need to effectively Get Out Of Foreclosure
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