As if the country needed more proof of the outlaw behaviors of banks and their agents, The Baltimore Sun‘s Jamie Smith Hopkins reports that 1,000 or more Maryland deeds are likely forgeries, created by a foreclosure mill. A former notary from law firm Shapiro & Burson filed an affidavit with law enforcement and regulators charging that the attorneys’ signatures on the deeds and other important documents were forgeries signed at the express direction of management. The affidavit attached sample signatures.
See full article from DailyFinance: https://srph.it/i3LBqo
And the Baltimore Sun Full Article Here
And with all the allegations of fraud and well documented questionable practices, it’s probably very responsible for every clerk of court in the country to do what the Manatee County Clerk of Court did….Write a Letter to the Editor of the local newspaper and encourage everyone to examine the the title to their home to determine if there are any irregularities.
The problem is that when people do this more than half will discover that they are sending mortgage payments to a company other than the company whose name is on the mortgage. Now sure at some point in time they might have gotten a letter in the mail advising them to make their check out to another company, but there was no assignment of mortgage recorded, no presentment of the original note and does anyone keep those notices telling you to send mortgage payments elsewhere? No. And even if you did, the law in Florida remains that the borrower has an absolute obligation to pay the named payee on the note….there’s a 1934 Florida Supreme Court case that is still good law. In that case, a borrower paid off the person who they thought owned the note. The problem was, they had just sold the note. The Supreme Court told the borrower, too bad. You had an obligation to see the original note before you made payment…now pay twice…..and this is still the law of the land in Florida.
Now think about that in the context of today’s mortgage practice.