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Breaking News for Homeowners Facing Foreclosure:
According to a government audit nearly 83% of mortgages survey contained legal errors and violations that could be problematic for lenders attempting to foreclose!
Do You Have One of Them?
If you are currently facing foreclosure, or you have recently lost your home to foreclosure, we recommend that you take immediate action and register for a FREE Mortgage Fraud Analysis. We will analysis your mortgage loan documents for signs of fraud, and show you a proven way to save time and money and increase your odds of success suing for financial compensation for mortgage fraud, clear and free title to your home, or both!
CHANCES ARE GOOD YOUR MORTGAGE LOAN CONTRACT CONTAINS FRAUD.
According to a government audit 83% of the mortgages contain legal violations. Legal errors, contract breaches, appraisal fraud, mortgage fraud, broken chain of titles, and other issues have caused the majority of mortgage transactions to be legally problematic for Banks attempting to foreclose.
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If you would like learn How to Cancel Secured and Unsecured Debt Obligations through Strategic Litigation register for a FREE Mortgage Fraud Analysis and Potential Cause of Action Consultation, right now. We will conduct a FREE Bloomberg securitization search and analyze your mortgage loan documents for violations of the Uniform Commercial Code (UCC) to determine what legal options your current mortgage loan situation qualifies for. Then we will help you formulate an effective and affordable strategy to get the legal remedy that the law entitles you to, and that you deserve.
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Yes. Upwards of 95% of all home loan borrowers have suffered injuries in the form of appraisal fraud, mortgage fraud, legal errors, contract breaches, and/or regulatory law breaches. To discover these, the borrower must hire a competent professional to conduct a comprehensive examination of all documents related to the loan transaction. With an examination report in hand to prove the injuries, the borrower may negotiate a favorable settlement or sue for damages. Only such an examination, and artfully presenting the causes of action revealed in the exam report, can provide a reliable way for the borrower to end up with cash in hand or other financial compensation for the injuries. Currently there is an estimated 70,000,000 mortgages that MERS claims to hold. This represents about 60% of the residential real estate in the United States of America. So chances are your mortgage and loan has been compromised.
What is MERS?
MERS functions as a centralized electronic registry of mortgages, and it was supposed to track the ownership of these mortgages, which are typically sold multiple times during the loan’s life. MERS potentially affects upwards of 70 million residential mortgage loans nationwide, and almost completely crashed the U.S. housing market by itself because of so many problems with the packages.
MERS was created by lenders and title insurance companies, so it would be easier to transfer the beneficial interests to other secondary market lenders. Yet, some mortgages ended up significantly discounted due to packaging problems, which made them inactive.
Where’s the “IOU” for the mortgage debt?
The MERS Scandal
Missing documents, notary fraud, and “robo-signing” led the way. There was a lot of chaos involved with MERS mortgage packets, which contained no original promissory notes (the “IOU” for the mortgage debt) in these same MERS files.
Knowledgeable homeowners were able to completely stop their home foreclosures by pointing out that the foreclosing entity, such as the mortgage servicing company, didn’t have a legal right to foreclose on their homes, since they didn’t have all of their valid mortgage paperwork in their files. These questionable ownership interests in the mortgages led to foreclosure moratoriums, court settlements, and inactive statuses.
There were a large number of allegations of notary fraud in which real or fake notaries such as “Linda Green” were allegedly part of the massive “Robo-Signing Scandal” nationwide.
It has been suggested that promissory notes, deeds of trust or mortgages, and other loan or title documents were forged, left blank, or illegally assigned to numerous mortgage investors. Since MERS was set up to become as paperless, speedy, and efficient as possible, there was not enough third party oversight to check whether these documents were valid.
Questionable Beneficial Interests
“No Note = No Debt” became the mantra for homeowners who were in the midst of their own foreclosures due to the weaker U.S. economy. Some savvy property owners were able to legally void their existing mortgage debt altogether by proving that the foreclosing mortgage company had no valid beneficial interests in the existing mortgage, and thus had to legal right to collect any payments.
Other homeowners were able to show that their MERS files had fraudulent notary signatures signed on behalf of both owners and lenders, which moved their file designations over to “inactive” as well.
Mortgage lenders that have collapsed or imploded since the official start of the Credit Crisis back in 2007, such as Countrywide, Indy Mac, Lehman Brothers, World Savings, Downey Savings, and Washington Mutual still figuratively exist by way of their asset or beneficial interest transfers to the “strawman” named MERS.
MERS may pay no taxes or employ anyone. Without the proper assignment of these MERS mortgages, these same imploded mortgage companies’ loans could have ceased to exist.
Our understanding is that generally the requirements set forth in the pooling and servicing agreements were not followed, and they were not followed in the following way: The pooling and servicing agreements says that when the notes are transferred to the trust there needs to be an endorsement in blank to the trust, as well as a complete chain of endorsements for all proceeding transfers. That means that the originator of the loan has to have a specific endorsement transferring it from the securitization sponsor, the sponsor to the depositor, and then the depositor in blank to the trust.
What we have found is that in the majority of the cases that chain of endorsements is not there. There is simply a single endorsement in blank.
That creates a problem because it does not comply with the trust documents. That is a severe problem because most pooling and servicing agreements are trust that are governed by New York law, and New York law says that if you are not punctilious in following the trust documents for a transfer, the transfer is void. It doesn’t matter if you intended it, its void. That transfer is void even if that transfer would have otherwise complied with law. And if the transfer is void that would mean that the trust does not own the mortgages, and therefore lacks standing to foreclose.
It’s axiomatic that in order to bring a foreclose action the plaintiff must have legal standing. Only the mortgagee has such standing. Thus various problems like false or faulty affidavits, as well as back dated mortgage assignments, and altered or wholly counterfeited notes, mortgages, and assignments all relate to the evidentiary need to prove standing.
If your mortgage loan contract was part of a table funded securitized transaction then there is a really good chance that your mortgage loan documents probably contain legal errors, violations, tortuous conduct, contract breaches, and fraud, that could result in you being entitled to receive financial compensation, a reduction in your principal balance, clear and free title to your property, or even better!
Join FRAUD STOPPERS Private Members Association (PMA) today for only $97 and get instant access to cutting edge mortgage and foreclosure defense products and services that can help you save time and money and increase your odds of success suing for mortgage and foreclosure fraud. For more information, or to register, go to FRAUD STOPPERS PMA
“I cannot decide for you the moral obligations you should pursue; but if a wrong has been committed against you (such as a clouded title or a fraud resulting from a mortgage loan) you have the duty as an American property owner to correct it. Filing a lawsuit (in my book) reflects one’s personal responsibility.”.
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Legal Information Is Not Legal Advice: This site provides “information” about the law and is only designed to help users safely cope with their own legal needs. But legal information is not the same as legal advice — the application of law to an individual’s specific circumstances. THIS SITE IS NOT INTENDED TO BE MISCONSTRUED AS LEGAL ADVICE. Fraud Stoppers is NOT a law firm, non-profit organization, or government agency. Register for your Free Mortgage Fraud Analysis and Securitization Search, and get Free Foreclosure Defense Help and Free Foreclosure Defense Documents that you can use to stop a foreclosure and save your house.