Breaking the Bank News: Millions of Fraudulent Mortgages

Welcome to the LoanSafe Forums!
Get free mortgage help today. Since 2007, the LoanSafe forums have helped millions of homeowners over the last 13 years either save their homes with a loan modification, obtain a short sale, forbearance, or walk away legally from their underwater mortgages.
Register for FREE

goldie

LoanSafe Member
Nov 19, 2009
1,934
6
0
CA

ManicMangaManiac

LoanSafe Member
Jan 10, 2008
604
5
0
Ok, heres my question(s)....Our loan origionated with union planters in 2003, with GMFS, LLC as the servicer, Feb of 2004, loan sold to Household Financial. July 1, 2004, Union Planters merged with Regions Financial, and ceased business as Union PLanters.On Feb 27, 2008, Corporate Assignment filed by MERS with it being the assignor for Union Planters, and the assignee being Household, who was later absorbed into HSBC, the Assignment was requested and prepared by HSBC, then they filed a substitute Assignment the very next dat, 28, Feb, 2008 and initiated a foreclosure (we are in a non judicial state). We used our savings and got out of that, then recieved a NOD in April 15, 2010, and MERS did another substitute assignment on April 30, 2010, we got a notice of sale on May 18, 2010 stating sale on June 15, 2010. We are working with an attorney to get a MOD during this process. So my question is...WHO holds my note?? Union Planters??? Regions????(they are not on ANY of the paperwork), Household??? HSBC???? MERS??? I know for sure HSBC is the servicer of the loan, but would they have the note if they now own Household??Does MERS hold it??? I am so confused, and time is running out for us! I am open to any suggestions as to what our next step should be. Thanks!!
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! :D

Good luck! Sally
 

goldie

LoanSafe Member
Nov 19, 2009
1,934
6
0
CA
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! :D

Good luck! Sally
Sally, you must be talking about this:

The Clone Army and Foreclosure Fraud: You Too, Can Be a Corporate Officer or Three | The Seminal
 

goldie

LoanSafe Member
Nov 19, 2009
1,934
6
0
CA
Ok, heres my question(s)....Our loan origionated with union planters in 2003, with GMFS, LLC as the servicer, Feb of 2004, loan sold to Household Financial. July 1, 2004, Union Planters merged with Regions Financial, and ceased business as Union PLanters.On Feb 27, 2008, Corporate Assignment filed by MERS with it being the assignor for Union Planters, and the assignee being Household, who was later absorbed into HSBC, the Assignment was requested and prepared by HSBC, then they filed a substitute Assignment the very next dat, 28, Feb, 2008 and initiated a foreclosure (we are in a non judicial state). We used our savings and got out of that, then recieved a NOD in April 15, 2010, and MERS did another substitute assignment on April 30, 2010, we got a notice of sale on May 18, 2010 stating sale on June 15, 2010. We are working with an attorney to get a MOD during this process. So my question is...WHO holds my note?? Union Planters??? Regions????(they are not on ANY of the paperwork), Household??? HSBC???? MERS??? I know for sure HSBC is the servicer of the loan, but would they have the note if they now own Household??Does MERS hold it??? I am so confused, and time is running out for us! I am open to any suggestions as to what our next step should be. Thanks!!
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.
 

ManicMangaManiac

LoanSafe Member
Jan 10, 2008
604
5
0
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