Foreclosure Defense Florida

NOONE OWNS ANY MORTGAGE- NOONE HAS ANY RIGHTS TO COLLECT ON A MORTGAGE

One of the persistent and most pervasive problems in the whole foreclosure crisis is the inability of any party to get reliable or credible information about what is owed on a mortgage, who that phantom amount is owed to and what negotiated amount a lender, servicer or other party involved in the transaction might accept to modify or short sale the underlying loan.

SOMEONE LET A BIG FAT STINKY CAT OUT OF THE BAG!

Another fascinating and very concerning issue that just developed this week is the publication on the MERS website of information that identifies who the servicer on a loan is and who the investor in that loan is.   I’ve reviewed many of the cases in my office it I’m very concerned and perplexed by the fact that neither the servicer or investor matches up to the information I’m seeing in my cases. (SEE BLOG POST EARLIER THIS WEEK TO TRACK YOUR MORTGAGE IN THE MERS SYSTEM.)

When you combine all this information with the depositions of Robo signers that are posted on this website and others, you’ll understand that in a large number of cases, the only connection between the plaintiff foreclosing and the mortgage being foreclosed is a sloppy and hastily executed Assignment and Affidavit signed by an officer that has no corporate authority and has no personal knowledge of the information contained on those documents.

ASSIGN THE BID HERE, SUBSTITUTE THAT PARTY PLAINTIFF HERE, TRANSFER THAT PROPERTY HERE

Going back months now, I’ve been asking the question…”Judge, do you have any idea who you’re granting summary judgment to?”   This is part of my “capacity” argument that I’ve made often….the issue I’m bringing to the forefront is foreclosure cases are filed in one party’s name, then in far too many cases, the name of the plaintiff changes somewhere in the course of the litigation.   The practices of ex parte orders substituting party plaintiff, clerks assigning the bids after the judgment is entered and other improper methods of transferring the interests in litigation cases that collectively total BILLIONS OF DOLLARS IS GROSSLY IMPROPER.

THIS WHOLE SYSTEM IS A FARCE.   A BROKEN DOWN, FRAUDULENT, SHAKY, DISHONEST AND TERRIFYINGLY CORRUPT SYSTEM.

The press and the general public is starting to pick up on these major systemic issues that judges, attorneys and other insiders have known about for some time…when the whole system collapses we’ve all got a real mess on our hands….stay tuned.

6 Comments

  • indio007 says:

    Maybe a line of investigation would be the chain of custody immediately following closing. Where are all these notes? We know the originals notes are fakes and the assignments phony. They question should be WHY? Why risk so much? It seems implausible that it’s just owing to bad archival skills.

  • J.R. Homeowner says:

    A skeptical mind would ask;
    “What possible purpose would MERS have in now making this “investor” data available?” (ignoring for the moment the demonstrated specious nature of the data).
    The “Big Fat Stinky Cat” may have escaped the bag, however I suspect that an even bigger and more “fragrant” RAT remains lurking IN the bag.

  • KJP2U says:

    Does anyone know if a stamped signature is acceptable as an assignment? A Vice President of Secondary Operations stamp signed on behalf of an FSB bank and their subsidiary lender on Deed of Trust as recorded in the County Clerk’s office. The Deed of Trust is still in the name of the original lender (the subsidiary) who was licensed to lend in California.

    However, the Note was also stamp signed the same on the left with the same person’s name. The stamped signature is also on the right payable to Wells Fargo Bank, N.A. stamped in block letters…No notary or true signatures other than ours.

  • KJP2U says:

    Oh, one other thing….After a year of trying to get our loan modified with Wells Fargo Home Mortgage as our servicer…we got a TERRIBLE interest-only loan mod for the next 7 years with Wells Fargo Bank as the lender when we know in fact our loan went to a Trust or pool that is no longer reporting! I think Wells is taking over a loan that was probably written off by investors somewhere…

  • avirani0203 says:

    Mr. Weidner,

    I had refrained from commenting on the “new” MERS “disclosure” system, but the fact of the matter is that the information inputted into the system comes from the servicers and not from MERS. Therefore, the information will reflect whomever it is that the servicer wants to show as the real party in interest.

    The majority of the trusts were dissovled within 6 months of their closing dates. The tranches were sold, therefore, the purported trustees are not not the true trustees (read section 9.01 of the PSAs and look up the 15D filings).

    You are absolutely correct when you state that no one has any rights to collect on a mortgage. You are equally correct when you state that the whole system is a farce.

    Unless and until we are able to find out which CDO (in some instances it may be multiple CDOs) holds the loan, we will never know who truly owns the loan, if anyone. However, CDOs are shrouded in secrecy and that goes double for synthetic CDOs.

  • stopGOVTwaste says:

    It seems one would obtain equally credible information by asking the Tooth-Fairy who owns their note.

Leave a Reply