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If you’re facing a foreclosure and think that there’s a problem with the assignment of mortgage in your case, you should speak to a qualified attorney who can advise you about what to do in your circumstances. Additionally, any given foreclosure or legal situation has many potential claims and defenses.
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· Your mortgage documents are fake!. with a “mortgage assignment” confirming the transfer of ownership.. which has recovered more money under the False Claims Act than any firm.
Courts have rejected homeowners’ claims. National Mortgage Settlement Agreement, all miss the mark. Plaintiffs’ allegations do not demonstrate that Everson was not authorized in her regular course.
In a decision that has sparked a great deal of discussion, the U.S. Court of Appeals for the First Circuit recently decided a borrower has standing to raise certain challenges to the assignment of his or her mortgage from Mortgage Electronic Registration Systems, Inc. (MERS) to a lender. United States Finance and Banking Day Pitney LLP 4 Mar 2013
The results were pretty surprising: 16% of the assignments were valid, 75% were invalid, and 9% were deemed questionable. Of those that are invalid, 27% were fraudulent, 35% showed evidence of robo-signing, and 10% violated the Massachusetts Mortgage Fraud Statute. The proper owner of the mortgages could only be determined 60% of the time.
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Assignments. An "assignment" is the document that is the legal record of the transfer of the mortgage (or deed of trust) from one bank to another. Each assignment is supposed to be recorded in the county land records. Endorsements. When the loan changes hands, the promissory note is endorsed (signed over) to the new owner of the loan.
27% of the invalid assignments are fraudulent, 35% are "robo-signed" and 10% violate the Massachusetts Mortgage Fraud Statute. The identity of financial institutions that are current owners of the mortgages could only be determined for 287 out of 473 (60%) There are 683 missing assignments for the 287 traced mortgages, representing.
Mortgage Assignment – How Real estate investors profit. mortgage assignment is a common practice among lenders. A mortgage deed, also called a deed of trust or trustee’s deed or deed of trustee, gives a lender a security interest in the property mortgaged in return for money received.