How Research and Discovery of Assignments Can Help You Get Out of Foreclosure Now

In Order to stop foreclosure one thing you should do is conduct your research on to your mortgage. It's a very good idea to do a title search on your property. The title search will show all of the transactions that took place on your property including mortgage assignments or lack of. This is most critical when fighting foreclosure. A title search can be done at the county clerks office or online. You can also hire a title examiner. What you are looking for is whether or not the assignment was properly filed. In most cases they are not. This is very common with third parties company such as (MERS).

What is a mortgage assignment?

Mortgage Assignments - This is a written document serving as evidence of a transfer of a loan obligation from the original borrower to a third party. Which reveals that a mortgage has been transferred the deed of trust or security deed is the debt attached to the mortgage that is now owed to the new owner.

This is where research and discovery is most critical. An assignment transfers the rights of the original lender to a new holder. Keep in mind, the original lender is Paid OFF. So the new holder must prove to be in Possession of the original mortgage note and a holder in due course if challenged to have a legal standing to foreclose.

Identifying Mortgage Assignment Fraud:

Action 1 - Identify the date the mortgage assignment was executed and recorded. Generally, the mortgage assignment will be executed soon before the foreclosure sale date. How is it possible that the mortgage assignment is valid and the owner is truly a holder in due course?

Action 2 - Did MERS (Mortgage Electronic Registration Systems, Inc) serve as Nominee? MERS is a separate corporation and is often the beneficiary of over 50 million loans held in securitized trusts. However, MERS assignments purports that it transfers the mortgage which would be the deed of trust in non-judicial states or security deed in Georgia (all known as the debt) but also includes the transfer of the Note.

Action 3 - Does the mortgage assignment have a corporate seal affixed? It may be challenged
that it is not valid if it does not.

Action 4 - Review all signatures and look up the notary name and examine the signature on the mortgage assignment. Now research the notary name on file in the state that the notary is registered. Review the signature of the notary on file and it should match your mortgage assignment. However, the recorded mortgage assignment will likely have a notary signature that are Squiggle Marks (OMG!!) hard to make out an actual signature name. It can be challenged that the notary signature do not match and that the document is invalid. Here is where it gets interesting, typically, ALL of the signatures on your mortgage assignment are Squiggle Marks!! WTF!?? Oops, did we say that? But you can clearly see that ALL the signatures on your mortgage assignment are squiggle marks. Why are the signatures squiggle marks? Well, if MERS is involved which this is usually the case they will assign MERS "Authorized Signators" who are employees of its member institutions that are located throughout the country and these "Authorized Signators" routinely execute Assignments even though they are NOT employed by MERS. This makes the foreclosure process easier for them. Which allows them to execute the mortgage assignment and have it recorded just days before a foreclosure lawsuit is filed or a trustee's sale takes place.

Action 5 - Review the signing officers on the mortgage assignment and It can be Challenged that HOW can someone assign my mortgage for a company that they don't even work for solely for the purpose of foreclosing on my home particularly right before getting ready to foreclose on me? What is the problem? This fraudulent act completely circumvents proper laws that govern how to document the Chain of Assignment and Ownership. Hence who is the TRUE "Holder In Due Course"?

Action 6 - Do you have a Pretender Lender? Generally, MERS is hiding or NOT Listed. This is often a successor in interest to a mortgage company no longer in business or that purchased your mortgage company.

Note: would be the deed of trust in non-judicial states or security deed in Georgia (all known as the debt) but also includes the transfer of the Note. Note That MERS has NO Authority to Transfer the NOTE.

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