What should I look for when looking at documents received from my mortgage servicer?
If you are like many defendants in a foreclosure action or a debtor in a bankruptcy case, you received a thick packet of documents which look official and have tins of fine print on them You probably assume that if they came from a "bank" like Chase, Wells Fargo, Bank of America or Citi ( or any of their subsidiaries) the documents must mean something and they must have been authenticated. I am inviting you to take a closer look.
First, go back to the first day you closed on your loan. Who was the original lender? This is entity knownas the "originator" of your loan. If your loan started with Countrywide, Wachovia , Washinton Mutual, Lehman Brothers or any other entity which is no longer in business, the party trying to enforce the loan needs to show some connection andinterest in your loan. If you have a document known as an Assignment of Mortgage take a close look at the date and the names on the dosument. TheAssignor is the party transferring its interest in the mortgage and the Assignee is the party accepting the transfer. If the Assignor is your originator, go to FDIC.gov and look up the institution to determine if the originator was active as of the date of the assignment. If the Assignor was not a vabkle entity on the date of the assignment, in all liklihood you have a false document.
Take a look at the date of the assignment and think back, was your loan already behind or in default on the date of the assignment? If it was, ask yourself, WHY would the assignee accept a non-perfoming loan into its prtfolio and how would it explain purchasing non-performing loans to its shareholders in the middle of the nations most serious mortgage crisis in history? For example, lets assume you stopped paying your mortgage in June of 2009 and the assignment attached to the foreclosure complaint served on you is dated January 2010. Why would any banking entity accept a loan that hasnt been paid in 6 months?
Now take a look at the parties identified in the assignments. Do you see " MERS" or "Mortgage Electronic Registration Systems" acting in any capacity including as a nominee of the assignor? Heres is some news for you...MERS is not an entity with any authority to transfer anything. It is merely a registration system documenting rransfers within a system It does not have the capacity to transfer anything because it never owned the right to transfer anything - period.
Where is the Assignment of Mortgage notarized? If the Assignor is located in North Carolina and the Assignee is located in Texas, why is the assignment being notarized in Minnesota? The company LPS a./k/a "LPS Default Solutions" a/k/a DocX are all document production companies which manufacture documents for use by the mortgages servicers and their attorneys in the foreclosure and bankruptcy processes. Minnesota and Florida are the two home bases for these companies and if our document is notarized in either state, chances are it is a fabricated document coming from one of these entities. Think critically for a minute...why would an officer of a company in New York travel to Minnesota to have a document notarized?
Call the secretary of state for the state identified on the notary's seal and ask for the business address and telephone number on public record for the licensed notary. Call the number and ask what company you have reached or if you are shy anbout it, you can do a reverse look up online and learn the location of the notary's employer. If it happens to be the same as the Assignee or a known document production company, you likely have a false document in your hands.
I have a list of known false signors, and a vast collection of false documents. I have reported false documents to various officials and have had positive reults for my clients. If you suspect you received false documents, please feel free to call me and we can figure it out together! If your have been provided with a false document let me explain to you what you can do to turn the tables on the maker of the false papers and the party which submitted them to a court of law under penalty of perjury. If I cannot help you in your state, rest assured I will doo all I can to refer you to the right attorney in your home state who can help you!