Fraudulent Docs?

[sirrowan]

I'm trying to help out a friend. I've been going over her forclosure complaint that includes exhibits with the original Note and Mortgage with shady assignments.

Anyways, I'm in Ohio. Is it customary for an asssignment or transfer of a note to occur in the Endorsement section?

Is is customary for this to occur without it being notarized? Are both parties supposed to sign the endorsement/assignment? As in I'm selling to you I sign, you are buying, you sign. They notary notarizes.

I tried to upload an image of what I'm talking about, but I cannot get it to upload.

[justbroke]

I don't know about assignments, as in the Note/Mortgage are sold in an underlying transaction. This is why a company called MERS (Mortgage Electronic Registration Services) handles most of this.

If you are trying to do a forensic examination of a mortgage/note, then have a professional do it.

[sirrowan]

I don't know about assignments, as in the Note/Mortgage are sold in an underlying transaction. This is why a company called MERS (Mortgage Electronic Registration Services) handles most of this.

If you are trying to do a forensic examination of a mortgage/note, then have a professional do it.

I'm not trying to do a forensic examination of a mortgage/note, just simply trying to look at the AVAILABLE documents that are provided with the complaint for forclosure. Big difference.

I read some threads where others have analyzed their own docs and thought they might be able to tell me.

[Catia]

Sirrowan,
What you want to know is who 'owns the note' right?

You will need to know what the statute of limitations is in your state for recording mortgage assignments etc. Start with your county recorder of deeds, the county division of real estate etc--

My mortgage was "sold" btwn 3-5 times--never once did they RECORD PROPERLY--THERE was even question if the original lender ever recorded with the county--So even though my original lender was paid off from the date of FIRST sale--none of the companies that purchased bothered to record either...

This is the most important issue --because if there was not proper recording--TIMELY according to your states laws--the mortgage becomes unenforceable.

Make the foreclosing mortgage comapany or loan servicer prove they have the right to foreclose--

You can begin this by sending a QWR (qualified written request) for this information with many loan servicers--but do not expect to receive an answer--and double/triple verify it with your county recorders office.
Send the QWR certified mail--keep a copy for yourself.

If you are suspecting other fraud-tila violations etc-aside from who owns the note--I would get some help--It's a lot of work, and it gets confusing to say the least.

I never found out who truly owned my mortgage note--probably never will--because it was not recorded--but for 3-4 years, I paid it--being harassed 3/4 of the time by a mortgage servicer named SLS--they added FAKE fees monthly, sent people to my house-charged me for it-left notes on my door-charged me for it-even when my mortgage was paid on time. They called me several times per day, every day during my 'grace period' when I was not late-
they tried to force me to buy their bunk high cost insurance policies when I infact had home owners insurance policy paid in full--and through escrow-so clearly they KNEW I had a good policy--Keep in mind--this was BEFORE I was in danger of foreclosure.

I demanded on the phone, and in writing to know who owned my note--because I wanted to stop the constant harassment--Originally I just wanted to contact the note owner---file some sort of grievance about the loan servicer SLS's practices--I also wanted to work out something about what I felt were fraudulent charges.

SLS reported my mortgage late for the entire time they serviced it--which destroyed my credit...

SLS told me I had no right to the information-they said I was not allowed to know who owned the note-verbally--but refused to answer my WRITTEN requests for info--which is my right--

End of the story--my mortgage was forgiven--just before sheriff's sale--AFTER I MOVED OUT--more than a year after I had moved, after I had given up--they harassed me so much.

I received from my county a recorded mortgage satisfaction piece that was performed by NTC, signed off by one Crystal Moore...notarized by Brian Bly.


***I WAS EVEN SENT MY ORIGINAL SIGNED IN INK PEN MORTGAGE DOCUMENTS*** I have no idea why these were sent to me--but I've got them now--for whatever they are worth....

A year and 1/2 later, I received a 1099-c from SLS for the full mortgage amount--AS IF I NEVER MADE A PYMT--

The house is now mine free and clear.

I used the mortgage debt relief act for the cancelled mortgage debt--

It all sounds like it was simple and has a 'happy' ending--since the house is now mine free and clear--
but I went through hell for the years I was paying on time--with a bully of a company who used horid collection tactics and harassment and tried to intimidate me into paying for illegal charges they constructed.

I finally decided to give up when I started having $$ issues and was very ill--I tried to request a work out agreement from SLS--they refused--and sent people to my home again--I did not answer the door--they taped notes to my door--EVEN WHEN I WAS NOT IN FORECLOSURE
And I moved out--because I was so stressed--if they were harassing me like they (SLS) did when I was paying on time--I feared it would only get worse.

demand to know who owns your note!!! gets your docs reviewed.
Get help--

[sirrowan]

Sirrowan,
What you want to know is who 'owns the note' right?

You will need to know what the statute of limitations is in your state for recording mortgage assignments etc. Start with your county recorder of deeds, the county division of real estate etc--

My mortgage was "sold" btwn 3-5 times--never once did they RECORD PROPERLY--THERE was even question if the original lender ever recorded with the county--So even though my original lender was paid off from the date of FIRST sale--none of the companies that purchased bothered to record either...

This is the most important issue --because if there was not proper recording--TIMELY according to your states laws--the mortgage becomes unenforceable.

Make the foreclosing mortgage comapany or loan servicer prove they have the right to foreclose--

You can begin this by sending a QWR (qualified written request) for this information with many loan servicers--but do not expect to receive an answer--and double/triple verify it with your county recorders office.
Send the QWR certified mail--keep a copy for yourself.

If you are suspecting other fraud-tila violations etc-aside from who owns the note--I would get some help--It's a lot of work, and it gets confusing to say the least.

I never found out who truly owned my mortgage note--probably never will--because it was not recorded--but for 3-4 years, I paid it--being harassed 3/4 of the time by a mortgage servicer named SLS--they added FAKE fees monthly, sent people to my house-charged me for it-left notes on my door-charged me for it-even when my mortgage was paid on time. They called me several times per day, every day during my 'grace period' when I was not late-
they tried to force me to buy their bunk high cost insurance policies when I infact had home owners insurance policy paid in full--and through escrow-so clearly they KNEW I had a good policy--Keep in mind--this was BEFORE I was in danger of foreclosure.

I demanded on the phone, and in writing to know who owned my note--because I wanted to stop the constant harassment--Originally I just wanted to contact the note owner---file some sort of grievance about the loan servicer SLS's practices--I also wanted to work out something about what I felt were fraudulent charges.

SLS reported my mortgage late for the entire time they serviced it--which destroyed my credit...

SLS told me I had no right to the information-they said I was not allowed to know who owned the note-verbally--but refused to answer my WRITTEN requests for info--which is my right--

End of the story--my mortgage was forgiven--just before sheriff's sale--AFTER I MOVED OUT--more than a year after I had moved, after I had given up--they harassed me so much.

I received from my county a recorded mortgage satisfaction piece that was performed by NTC, signed off by one Crystal Moore...notarized by Brian Bly.


***I WAS EVEN SENT MY ORIGINAL SIGNED IN INK PEN MORTGAGE DOCUMENTS*** I have no idea why these were sent to me--but I've got them now--for whatever they are worth....

A year and 1/2 later, I received a 1099-c from SLS for the full mortgage amount--AS IF I NEVER MADE A PYMT--

The house is now mine free and clear.

I used the mortgage debt relief act for the cancelled mortgage debt--

It all sounds like it was simple and has a 'happy' ending--since the house is now mine free and clear--
but I went through hell for the years I was paying on time--with a bully of a company who used horid collection tactics and harassment and tried to intimidate me into paying for illegal charges they constructed.

I finally decided to give up when I started having $$ issues and was very ill--I tried to request a work out agreement from SLS--they refused--and sent people to my home again--I did not answer the door--they taped notes to my door--EVEN WHEN I WAS NOT IN FORECLOSURE
And I moved out--because I was so stressed--if they were harassing me like they (SLS) did when I was paying on time--I feared it would only get worse.

demand to know who owns your note!!! gets your docs reviewed.
Get help--

Thank you so much for your response! I'm sorry you had to go through that. Owning your home free and clear is a small consolation in lieu of your health.

I have discovered so seriously fraudulent stuff regardng this foreclosure as well as many other foreclosures while researching our county records. It is absolutely disgusting!

My friend in hooking up with a really good attorney located in Fla who will work with a local attorney to file all paperwork. She will also be getting a forensic audit.

The people foreclosing on my friend are merely the servicer. They have a copy of the note. A copy. Not a certified copy. That's it.

They also committed fraud when they did a fraudulent assignment of mortgage and had it recorded in the county records. Talk about ba((s!!!!

I even found one attorney who handled the paperwork who just simply ain't so bright, lol. He impersonated an officer of the assigning company having it notarized by his personal staff member (she shows up on his list of staff on his website) so the company who foreclosed would have assignment of the mortgage. Again talk about MAJOR ba((s!!!!

The stuff that's going on in my county is so riddled with fraud.

[Catia]

It boggles my mind every single day that SO MUCH of this fraud has occurred--ans how absolutely sloppily and in the open it all was--as if none of it mattered--as if it were no big deal.

When people are fighting for their homes now--they have to remember--this has often has little to do now with defaulting on a mortgage you owe--and more to do with whether or now they owe to the entity trying to foreclose.

A lender will hit us with ANY fee they can if we even breathe wrong while holding a mortgage, a personal loan, a credit card--but these very same lenders did not legally secure their assets-it is the only thing they really NEED to make sure they do well---they did not spend their $$ to make sure they COULD HAVE RIGHTS TO COLLECT--and that's their own fault.

There was a time where I felt guilty and ashamed for being in a position to be foreclosed upon--so much so that I gave up--I moved out--with my health, I could not take it anymore--

Then a year later I start getting all kinds of weird letters, and I found out the mortgage was satisfied--AFTER all of the heart break, humiliation--STRESS

But I will tell you now--I do not feel ashamed anymore--because the lender/servicer HAD NO RIGHT TO EVER COLLECT A PENNY FROM ME--LET ALONE HARASS ME OVER IT--and I paid them for years monthly--and their fraudulent fees too--it was never theirs to collect.

All of this could have been avoided IF these companies did what they were supposed to do in the 1st place.

Help your friend fight--it sounds like she has a good case--and you'll probably uncover more violations as you dig deeper.

Tell her not to feel awful about fighting it too--she may not legally owe them anything--and more judges every day are realizing this is the case, and ruling such.

Now the big one in the news is MERS--MERS apparently may have no right to foreclose--but they did--thousands of foreclosures--wonder what the next few years are gonna unfold...hell, the next 10--just reversing the illegal foreclosures alone if this is the case.

Power to the People