Invalid Assignment defense

[HHM]

Self dealing is not exactly the issue. Notes are assignable and there is nothing inherently wrong with simultaneous assignment so long as there is proper endorsement.

Here is the rub, at the end of the day, presumably, you stopped paying the mortgage and are in default, sooner or later, a court is going to allow someone to foreclose.

[newhope2011]

Right, only time will tell.

Hopefully, July 29th. In NY, all mortgages must be recorded to be valid.

In my case, in 2009, a robosigner, now famous, recorded an assignment that had all kind of math and numerical errors. In 2010, Mers filed a corrective assignement to fix the errors and transfer to One West, then to Deutsche, on the same day, in consecutive recordings. It even says on the first one that a simultaneous assignment would follow, further assigning it to Deutsche. However, they used one robosigner to sign as VP for both companies. Quite remarkable, and truly seems to be a new case for self dealing.

I asked for the summary judgement to be denied, with a request to depose the person who signed the docs. Should be interesting, at least to me!

[justbroke]

In the end, they just need to show up with the actual Promissory Note with the property endorsements. The promissory note is a bearer instrument if it is endorsed "in blank". You have to remember, that the "assignment" is only to protect other creditors, not the person who took out the mortgage (the mortgagor).

As for Silverberg and other cases like it, the dismissal is based on the finding that MERS could never have assigned the mortgage since it never actually "held" the mortgage. In the past, the mortgages would be foreclosed in the name of MERS and the lender would physically send that blank endorsed mortgage to MERS so that they physically had it.

Unfortunately, and I'm no legal scholar, Silverberg may be fact specific. In that case, the Silverberg's executed a consolidation agreement to take two mortgages and consolidate them into one. That may have caused the bifurcation of the loan, and is why the Justices found for Silverberg. I also take note that the case wasn't dismissed with prejudice and it was dismissed solely for lack of standing (locus standi).

The question is, could the lender try again! Methinks so.

(As for whether a Judge will entertain you, I can't tell you.)

[newhope2011]

I have been fighting foreclosure for close to 4 years.

It has gone full circle, and after my answering the summons and complaint, they, the bank have gone ahead with a motion for summary judgement.

To be very brief, in my case, there were two assignments in question. On the very same day, there were two simultaneous recordings, the first being from Mers to One West, the second from One West to Deutsche bank.

Here is where my case lies. Both of the assignments were signed by the same person. The person who acted as vice president of Mers on the first assignment, also acted as the vice president of One West on the second assignment. This is almost is identical to the Silverberg case, where the motion was denied on standing.

Has anyone had this happen in their case, and does anyone see the bank as having anything for this? Seems like the definition of self dealing to me.