Does This Look Like A Real Signature?

ccbarrcc

LoanSafe Member
Jul 21, 2015
15
2
3
One of my loan servicers filed a Proof of Claim in my bankruptcy filing. The filing actually had nothing to do with the servicer or the rental house whose loan they service. It's about another mortgage ...

The Proof of Claim included an assignment of deed or trust dated after I filed for BK. Their AVP of mitgation signed it, claiming to be a MERS secretary. Is that still a thing?

His signature doesn't match one I found online related to a foreclosure in 2014. On the current document, it has hints of the same backslant the notary has, and several other discrepancies. I realize I can hire a forensic examiner, but I'm curious at the moment...I just noticed it today. Did the notary sign it?


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Moe Bedard

Call 1-800-779-4547
Staff member
Loan Safe Mortgage
Aug 10, 2007
26,841
466
1,000
48
Southern California
www.loansafe.org
They look very different and may be signed by someone else. This happens ALL the time, but what is the legal remedy? Often it is not worth the time, money and or fight because it is hard to prove and the penalties for the offender small to none. Even with a forensic examiner.
 

ccbarrcc

LoanSafe Member
Jul 21, 2015
15
2
3
Thank you for your opinion. I'm sure you're right, as in...what what damages do I have? If the deed hadn't been assigned AWL would still be the beneficiary and BofA would have serviced it as they did until 2013. Well, another funny thing is that it was signed so recently--after I filed for bankruptcy. Not that that makes any difference either. It's slightly interesting that the signer, acting as a MERS secretary, assigned the deed of trust to that company he really works for. Before this, I was only family with BofA employees with MERS titles sending deeds of trust away, chiefly to Mellon.
 
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Moe Bedard

Call 1-800-779-4547
Staff member
Loan Safe Mortgage
Aug 10, 2007
26,841
466
1,000
48
Southern California
www.loansafe.org
You are welcome. I have yet to see a case where a homeowners was awarded anything. Much of this leads to dead ends and wasted time for homeowners.
 

ccbarrcc

LoanSafe Member
Jul 21, 2015
15
2
3
You are welcome. I have yet to see a case where a homeowners was awarded anything. Much of this leads to dead ends and wasted time for homeowners.
It's gotten more interesting. Background:
My BK had nothing to do this this loan. I was current on it and all but one of my other loans. I had about $2000 on credit cards and normally paid it off $500 at a time. No car, student, or personal loans, just some rentals with no more than one loan per property. One one house, I'd tried for a loan mod for 6 years and got the full joy of BAC's lost document scheme and successor RCS's string-long. My lawyer gave up in frustration with RCS. He bailed without informing me I could appeal the most recent decision. I flailed until 5 days before FC, and filed for Chapter 11. At the same time, I found that RCS was doing the calculations wrong, and faxed a letter. The promised to reply within 30 days, but haven't.)

The servicer's VP's signature (or the notary's forgery of it) granted ownership of my deed of trust to the servicer. It's dated Sept 9, 2015, which is after I filed. They have serviced the loan since 2008, and last time I looked, the lender was Amalgamated. Amalgamted has not filed a POC, but their attorney is listed as an interested observer (or something).

So, the deed of trust in hand, they filed two motions and a declaration asking to have my stay lifted. That was mid-December. My lawyer said she cut a deal with them to drop the motions, in exchange for my resuming payments. (She had told me to stop paying after I filed. ) I promptly agreed to that. I made the January payment and had the three other payments saved up and ready to hand over. My lawyer told me to wait.

Well, the motion was approved by the judge. They didn't withdraw it. I'm not too worried about them because I can become current with a single wire transfer. Unless they have already generated a notice to accelerate and I'm left holding the bag...

But, my problem loan is exposed. Nothing's stopping BONY Mellon from taking the house, not even the fact that I have more money invested in it than they do.

So now that the servicer has done me a dirty, I'm not so tolerant of this alleged forgery. That's particularly so because they essentially granted themselves the deed. Wouldn't that rightfully go to Amalgamated? I guess I should check MERS...

Thoughts welcome.