Assignment of Mortgage in Default complicates foreclosure?

[curiouscat]

Pretty good caselaw, which really deals with the UCC, that assignments need not be recorded. However, they must have been actually done. In my Bankruptcy case, the relief from stay motion did not have an assignment. I objected, and they produced an assignment that was allegedly signed and dated 1 year after my mortgage was funded. This was not the so-called "back dated" assignment. This was just an unrecorded assignment.


MERS does have some workarounds for pursuing foreclosure under MERS' name. That is that the holder of the Note physically transfer the Note to MERS and/or endorse it to MERS so that MERS is the holder of the Note.

Are you absolutely sure that the assignment wasn't fraudulent? Did you check signatures, etc.? There's been a whole lot of fraud going on with "manufactured" assignments and robo-signers.

On the MERS issue, Fannie Mae has directed that MERS cannot FC in MERS name anymore.

[AlbanyMan]

Are you absolutely sure that the assignment wasn't fraudulent? Did you check signatures, etc.? There's been a whole lot of fraud going on with "manufactured" assignments and robo-signers.

On the MERS issue, Fannie Mae has directed that MERS cannot FC in MERS name anymore.

As far as I know everything is good on a technical level. Except for the fact the assignment was the same as turning an account included in bankruptcy over to a collection company, which violates the automatic stay and technically it should be void. For my own reasons, I am not raising that as an issue at this point, I am taking the stand that the assignment when it was perfected violated the automatic stay and because of that the lien perfection is void.

With that said, I did allege the assignment was a fraudlent act to rehabilitate a lien which the bankruptcy plan clearly avoided. There is allot to prove in any Fraud allogation, so I pled the fraud allogation by stating the actions and behaviors engaged in by the bank and lawyers amount to Fraud as it was the only possible outcome for the intended actions and inactions of the creditor.

I wish I could prove other fraud but I cant. Wish there was a data base of known bank signitories and positions and locations, this would put a stop to secretarys or clerks just signing in place of the actual authorized person. Or Noteries 1000 miles away signing doccuments on the same day.

[justbroke]

Are you absolutely sure that the assignment wasn't fraudulent? Did you check signatures, etc.? There's been a whole lot of fraud going on with "manufactured" assignments and robo-signers.

Yes, mine was good. I did a forensic examination and they didn't even try to back date it. It was dated in 2007, just over a year after closing.

On the MERS issue, Fannie Mae has directed that MERS cannot FC in MERS name anymore.

Directed, but that doesn't mean they can't. The real problem was/is that many Courts are refusing to even listen to MERS as a Substitute Trustee or even holder of the Note since the security instrument usually conveys no rights to payments to MERS. Convoluted and complex stuff.