Breaking the Bank News: Millions of Fraudulent Mortgages
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Recent BK Eastern District California (Sacramento) recent (05/20/2010) court ruling - BAM! To MERS - Hopefully it will soon be a total knockout!
M E R S – Mortgage Electronic Registration Systems Foreclosure Bankruptcy Decision – This Court is Convinced that MERS had NO Interest it Could Transfer Foreclosure Fraud – Fighting Foreclosure Fraud by Sharing the Knowledge
Browneyedgirl,
Run, don't walk to your county recorder's office and request that a copy of the assignment of mortgage be made for your records.. chances are very, very good that it is fraudulent! The assignment on my mortgage is chock full of fraud.... "Christina Allen" who signed it as VP of Option One Mortgage, doesn't even work for them. She has signed as VP or assistant secretary for other lenders such as IndyMac, Deutsche Bank, Wells Fargo, Citi and others which is clearly fraud. Also, it was recorded February 27, 2008 but not SIGNED until March 5th! Look for red flags like that.
There is an attorney, Lyn Szymoniak, who will examine assignments for fraud and then prepare affidavits on your behalf to use as a defense in court. Many foreclosure cases have been thrown out by judges because of this blatant fraud as the assignments fail to prove the plaintiffs had legal standing to foreclose. Sooooo, if your attempt to get a mod fails, then you've got this evidence to hold over their stupid heads!
Good luck! Sally
Sally, you must be talking about this:Browneyedgirl,
Run, don't walk to your county recorder's office and request that a copy of the assignment of mortgage be made for your records.. chances are very, very good that it is fraudulent! The assignment on my mortgage is chock full of fraud.... "Christina Allen" who signed it as VP of Option One Mortgage, doesn't even work for them. She has signed as VP or assistant secretary for other lenders such as IndyMac, Deutsche Bank, Wells Fargo, Citi and others which is clearly fraud. Also, it was recorded February 27, 2008 but not SIGNED until March 5th! Look for red flags like that.
There is an attorney, Lyn Szymoniak, who will examine assignments for fraud and then prepare affidavits on your behalf to use as a defense in court. Many foreclosure cases have been thrown out by judges because of this blatant fraud as the assignments fail to prove the plaintiffs had legal standing to foreclose. Sooooo, if your attempt to get a mod fails, then you've got this evidence to hold over their stupid heads!
Good luck! Sally
The Clone Army and Foreclosure Fraud: You Too, Can Be a Corporate Officer or Three | The Seminal
I think your next step (after what Sally suggests) is to find an attorney. I know you can do it yourself, BUT as you said the clock is ticking. MERS has been TKO'd more and more often and the momentum is gaining. It cracks me up that in their legal primer they claim "victory", yet these "victories" are no recent than 2007! See for yourself under "legal primer"
MERS - Foreclosures
I don't know "how the wind is blowing" in your local courts, but you may stand a fighting chance with an adversary proceeding in the Fed BK court. File a dispute as to who the creditor is. They have to prove they can collect on the debt. If its been assigned a gazillion times and MERS is involved, guess what? NOT good for them.
To find an attorney "who gets it" check out the living lies site. That's where I found mine. I've had some recent news lately with the local BK court ruling AGAINST MERS and I'm going to revise my strategy a bit, but don't quite know what it is right now. Will find out later this week.
Hi Goldie!
Yes, that link you provided in your response to BrowneyedGirl is exactly what I'm talking about! There are so many fraudulent assignments on file, it's mind boggling-- but a very strong defense to foreclosure and one that could potentially give the borrowers their homes back. The problem is that not a lot of judges are "getting it" or lawyers.
But the tide is starting to turn, I think, and I'm very fortunate to live in a state that set a strong precedent in the case Landmark National Bank v. Kesler, in which the Kansas Supreme Court ruled that MERS did not have any legal standing to foreclose. As such, this case can and should be cited in similar legal proceedings.
The tragedy in my own case is that my pro bono lawyer completely and totally failed to spot the red flags in the assignment, and cost me my house. He had FIVE whole days to examine that document thoroughly, and he didn't do it. However, it's not too late. I can ask for and get a continuance in the unlawful detainer hearing. Another thing I can do is file BK and sue for wrongful foreclosure as an adversarial proceeding. I still have a lot of fight left. Everyone who's fighting an uphill battle to get mods should run, not walk to their county recorder's office and get that assignment of mortgage--it could mean a WORLD of difference!
Sally
Yes, that link you provided in your response to BrowneyedGirl is exactly what I'm talking about! There are so many fraudulent assignments on file, it's mind boggling-- but a very strong defense to foreclosure and one that could potentially give the borrowers their homes back. The problem is that not a lot of judges are "getting it" or lawyers.
But the tide is starting to turn, I think, and I'm very fortunate to live in a state that set a strong precedent in the case Landmark National Bank v. Kesler, in which the Kansas Supreme Court ruled that MERS did not have any legal standing to foreclose. As such, this case can and should be cited in similar legal proceedings.
The tragedy in my own case is that my pro bono lawyer completely and totally failed to spot the red flags in the assignment, and cost me my house. He had FIVE whole days to examine that document thoroughly, and he didn't do it. However, it's not too late. I can ask for and get a continuance in the unlawful detainer hearing. Another thing I can do is file BK and sue for wrongful foreclosure as an adversarial proceeding. I still have a lot of fight left. Everyone who's fighting an uphill battle to get mods should run, not walk to their county recorder's office and get that assignment of mortgage--it could mean a WORLD of difference!
Sally