AN ASSIGNMENT OR A FORMALIZATION OR A MEMORIALIZATION?
The standard language in most of the mortgage assignments being signed by employees of Lender Processing Services (most recently, Kathy Smith, Joseph Kaminsky) has changed in one significant respect.
The effective date of the transfer from grantor to grantee is now not stated as a specific date. Instead, we have the following:
“This document has been executed and is being recorded in order to formalize and memorialize an assignment of the subject mortgage which took place prior to December 17, 2009.”
A copy of this particular “assignment” is attached. It is signed by Kathy Smith “Assistant Secretary, MERS as nominee for American Home Mortgage.”
This language is easy enough to locate on the document because a different type font is used.
IN THE PAST MONTHS, THIS CHANGE HAS BEEN MADE BY MANY OF THE FORECLOSURE MILL LAW FIRMS DIRECTED BY LENDER PROCESSING SERVICES, SO,
THERE MUST BE A MEMO DIRECTING THIS.
This is really an acknowledgment that the document is NOT the original assignment – but a replacement. Who will recognize this shoddy attempt to “create” standing to foreclose? No doubt, the state court judges in Brooklyn, the federal court judges in Ohio, a few bankruptcy judges, a few Massachusetts land court judges (Keith Long) and many bankruptcy trustees.
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