satisfaction of mortgage | FORECLOSURE FRAUD | by DinSFLA

Tag Archive | "satisfaction of mortgage"

Yves Smith | Yet Another Mortgage Scam: Homeowners Not Getting Cancelled Notes After Foreclosures, Hit by Later Claims

Yves Smith | Yet Another Mortgage Scam: Homeowners Not Getting Cancelled Notes After Foreclosures, Hit by Later Claims


Naked Capitalism-

As we’ve discussed the “where’s the note?” problem of mortgage securitizations, some readers who are old enough to have sold a home more than once have said that while they’d gotten a cancelled mortgage note back on their first sale, on a more recent one, they hadn’t. They were concerned, and as this post will show, they are right to be.

By way of background, the popular press has done the public a disservice by talking about “mortgages”. A “mortgage” consists of two instruments: a promissory note, which is a IOU, and a lien against the property, which is referred to as a mortgage (in non-judicial foreclosure states, they are typically called a deed of trust and confer somewhat different rights, but we’ll put that aside for purposes of this discussion).

What appears to be happening on all too often in Florida is that when borrowers signed warranty deeds in lieu of foreclosure when they can no longer keep these homes, they often get only a satisfaction of mortgage, not a cancelled note. This is not what is supposed to happen...

[NAKED CAPITALISM]

© 2010-17 FORECLOSURE FRAUD | by DinSFLA. All rights reserved.



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OUTRAGEOUS | How Chase Ruined Lives of People Who Paid Off Their Mortgages

OUTRAGEOUS | How Chase Ruined Lives of People Who Paid Off Their Mortgages


Yves Smith-

Once you read the allegations in the cases included in this post, I strongly suspect you will agree that the “ruining lives” in the headline is not an exaggeration. And as important, these two cases, with very similar fact sets, also suggest that these abuses are not mere “mistakes”. These are clearly well established practices that Chase can’t be bothered to clean up, since cleaning them up costs money and letting them continue is more profitable.

Both cases took place in Alabama. In both cases, the borrowers had made every mortgage payment on time. One was a couple with three children, the Barnetts. The second is a widow, Besty Barlow, but her husband was still alive when this ugly saga started.

[NAKED CAPITALISM]

© 2010-17 FORECLOSURE FRAUD | by DinSFLA. All rights reserved.



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Indiana Appeals Court Reverses Judgment “No Summons, Ocwen Instigates Foreclosure, Chase Satisfies Mortgage” ELLIOT v. JPMORGAN CHASE

Indiana Appeals Court Reverses Judgment “No Summons, Ocwen Instigates Foreclosure, Chase Satisfies Mortgage” ELLIOT v. JPMORGAN CHASE


MARILYN L. ELLIOTT and
MICHAEL S. ELLIOTT,

vs.

JPMORGAN CHASE BANK, as Trustee )
on Behalf of the Registered Certificate Holders )
of GSAMP Trust 2004-SEA2, Mortgage )
Pass-Through Certificates, Series 2004-SEA2,

Excerpt:

The Kafkaesque character of this litigation is difficult to deny. Having failed to receive a summons that may have been improperly served upon them, Marilyn and Michael Elliott learned that a default judgment had been entered against them, foreclosing on their home because of a mortgage that was allegedly in default. The home was sold in a sheriff?s sale to the lending bank. Feeling confused and suspicious, they turned to the Indiana Attorney General, who directed them to file a complaint with the Comptroller of the Currency. The Comptroller?s investigation revealed that Chase Bank, the ostensible plaintiff herein, is entirely unaware of the foreclosure proceeding. Moreover, Chase?s records show that the mortgage was paid in full in 2001. Chase, therefore, executed and recorded a satisfaction of mortgage. Notwithstanding the satisfaction of mortgage, Chase?s loan servicer—Ocwen Bank—continued to prosecute this action in Chase?s name, attempting to force the Elliotts out of their home even though there has never been a trial and the lending bank has declared that the mortgage was paid in full. Finding this situation untenable, we reverse and remand for trial.

Appellants-defendants Marilyn L. Elliott and Michael S. Elliott appeal the trial court?s order denying their motion for relief from judgment on the foreclosure complaint of JPMorgan Chase Bank (Chase). The Elliotts raise two issues, one of which we find dispositive: that they are entitled to relief from judgment pursuant to Trial Rule 60(B) because, during the pendency of this litigation, Chase executed and recorded a satisfaction of the mortgage. Finding that the Elliotts are entitled to relief from judgment, we reverse and remand for trial.

Continue reading below

[ipaper docId=51356659 access_key=key-22pw686f4zvo6cdkg0bi height=600 width=600 /]

© 2010-17 FORECLOSURE FRAUD | by DinSFLA. All rights reserved.



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DOCX Linda Green Had NO AUTHORITY To Sign For MERS 10/08-10/09

DOCX Linda Green Had NO AUTHORITY To Sign For MERS 10/08-10/09


SFF first posted this back on August 26, 2010.

Linda Green is/was an employee of DocX a subsidiary of Lender Processing Services located in Alpharetta, Georgia. Her signature was forged on key sensitive documents relating to county land records.

Below is a document that Shapiro & Fishman filed as a CORRECTIVE ASSIGNMENT OF MORTGAGE.

What about the Satisfactions? In DOCX’s website they said:

“DOCX has built its solid reputation at not only managing large assignment projects, but satisfactions as well“.

  • Exactly how many documents were signed by Green’s name as VP for MERS between these dates?
  • Who do we contact to make this a nationwide recall alert like the recent “egg recall” containing salmonella?
  • Exactly who is being notified if there is any title issues on your homes?
  • Has there been a recall notice sent to County Recorders on this issue?
  • Are there more VP’s of MERS who had no authority to execute documents?

LPS DOCX LINDA GREEN SHAPIRO

[ipaper docId=44005903 access_key=key-28f23qvartvao40f2b0x height=600 width=600 /]

© 2010-17 FORECLOSURE FRAUD | by DinSFLA. All rights reserved.



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Signature Scanner “Forgetaboutit”, Meet A “Unique” Robo-Signer!

Signature Scanner “Forgetaboutit”, Meet A “Unique” Robo-Signer!


Highlights:

  • Uses a real pen
  • Yes, It crosses all T’s and Dots all I’s
  • Resulting product looks like it was processed by an actual human
  • Unlike a human…it makes NO mistakes!

Check it out below:

NOTE: Not saying this is an actual machine used, for demonstration only of amazing technology today!

Here is the work of Robo-Scanners “signing” Satisfaction of Mortgages/ Discharges below…no different!

Only that the above uses a “real pen” that a real human can use.

I also included MERS exec. sigs at the end…

[ipaper docId=42947649 access_key=key-1khopfb5zy15wihne1na height=600 width=600 /]

© 2010-17 FORECLOSURE FRAUD | by DinSFLA. All rights reserved.



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THEODORE “THEO” SCHULTZ CORPORATE BANK TITLES

THEODORE “THEO” SCHULTZ CORPORATE BANK TITLES


Mr. Schultz and his various Corporate Hats. These sensitive documents are part of homes being sold today in a county near you.

Vice President of:

  • MORTGAGE ELECTRONIC REGISTRATION SYSTEMS INC.,
  • Aurora Loan Servicing,
  • Household Bank,
  • Decision One Mortgage Company,
  • Nations Home Funding,
  • First National Bank of Arizona,
  • Pinnacle Financial,
  • First Magnus Financial
  • Lehman Brothers

© 2010-17 FORECLOSURE FRAUD | by DinSFLA. All rights reserved.



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FLORIDA VICTORY: DAVID J. STERN FIRM SANCTIONS GRANTED! US BANK v. GARNER

FLORIDA VICTORY: DAVID J. STERN FIRM SANCTIONS GRANTED! US BANK v. GARNER


[ipaper docId=40437359 access_key=key-wqgiiy9sfwipxzzyoos height=600 width=600 /]

© 2010-17 FORECLOSURE FRAUD | by DinSFLA. All rights reserved.



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NYSC QUESTIONS MERS MOTIVE: MERS SATISFIED MORTGAGE, YET NO RECORDED ASSIGNMENT

NYSC QUESTIONS MERS MOTIVE: MERS SATISFIED MORTGAGE, YET NO RECORDED ASSIGNMENT


SUPREME COURT – STATE OF NEW YORK

PRESENT:
Honorable Karen V. Murphy
Justice of the Supreme Court

Index No. 5541/09

IN THE MATTER OF:

MORTGAGE ELECTRONIC REGISTRATION
SYSTEMS, INC. as NOMINEE for ENCORE
CREDIT CORP.,
-against-
DIANA ESPOSITO a/kla DIANE ESPOSITO;
BANK OF AMERICA, N. ; NASSAU COUNTY
CLERK,

Excerpt:

The supporting affidavits are in conflict with the recorded satisfaction in that the
satisfaction executed by MERS as nominee for Encore states that there had been no
assignments.
There is a purported, and as yet unrecorded assignment from MERS as nominee
for Encore to Bank of America dated March 12, 2009.
This Court is left to question the
motivation behind MERS’ assignment of a mortgage previously satisfied of record during
the pendency of this matter.
There is no proof that MERS physically delivered the note and
mortgage to Bank of America prior to the date ofthe assignment.
(See Wells Fargo Bank,
N.A. v. Marchione , 2009 WL 3380639 (2d Dept. , 2009)).

[ipaper docId=39816560 access_key=key-zraolvm2awttl7phbxj height=600 width=600 /]

© 2010-17 FORECLOSURE FRAUD | by DinSFLA. All rights reserved.



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ARE MERS’ SIGNATURES ON DOCUMENTS REAL or SCANNED DUPLICATES?

ARE MERS’ SIGNATURES ON DOCUMENTS REAL or SCANNED DUPLICATES?


The following documents appear to be either stamped in or scanned in but in no way signed by any human on this earth.

This also backs up Angela Nolan deposition where she states:

Let me explain the process. This is an electronic signature, so there’s certain states that allow electronic signatures. And I believe I sent you documentation on that where we sign our name, it’s scanned into a database, then the  signatures are applied electronically.

So here is some of the examples…. and do not ask me to get ALL that are there because I will need an entire year to gather them all.

Take a look at the notary signatures.

[ipaper docId=39054613 access_key=key-5xbs2g1rvbx90ab02hv height=600 width=600 /]

© 2010-17 FORECLOSURE FRAUD | by DinSFLA. All rights reserved.



Posted in bogus, citimortgage, MERS, MERSCORP, MORTGAGE ELECTRONIC REGISTRATION SYSTEMS INC., Notary, wells fargoComments (4)


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