Affidavits of Lost Assignments Filed for Mortgage-Backed Trusts

Mortgage Fraud 

AFFIDAVITS OF LOST ASSIGNMENTS
Christina Carter
Linda Green
John Kennerty

Action Date: July 6, 2011
Location: West Palm Beach, FL

Is it perjury to submit a sworn affidavit to a Court that a Mortgage Assignment has been lost when there is absolutely no evidence that such Assignment ever even existed?

What if the affiant swears to know WHEN the non-existent Assignment was lost:

“Affiant’s investigation has revealed that the original unrecorded assignment of mortgage is lost or missing through no fault of the Assignee, although it appears Assignee was in possession of the instrument at the time it was lost or became missing.”

This exact statement – and many similar statements – appear in thousands of Affidavits of Lost Assignments – signed by Linda Green, John Kennerty and Christina Carter – employees of Lender Processing Services, America’s Servicing Company and Ocwen Loan Servicing.

These Affidavits are used in foreclosures to explain why mortgage-backed trusts should be allowed to foreclose even though the original lender never assigned the mortgages to the trusts.

Mortgage servicers continue to file these Lost Assignment Affidavits in 2011 – despite the many investigations and regulatory Consent Decrees.

How can you swear something was lost when it never existed? How can you swear as to the no-fault of a bank that is not even your employer?

Only robo-signers and mortgage servicers know for sure.

~

4closureFraud.org

Comments
29 Responses to “Affidavits of Lost Assignments Filed for Mortgage-Backed Trusts”
  1. Shelly says:

    @John M. Are you an attorney and of so is your statement about what a mortgage assignment correct? I want to use that if it is true. Thank you

  2. Yes legal aid in N.H.was cut.I believe it was cut so the government could let us slide thru the cracks…I am at the point where mers placed my so called mortgage,And then they are pretending bank of new york mellon(creditor for boa) bought my note at auction.Now with an eviction and coart date allready scheduled and no legal advice.All I can hope for is the judge can understand the fraud that is going on..If anyone has any advise on what to do in this situation besides show me the note..It would really help my situation..Thank You..

  3. Javagold says:

    TEST2

  4. Alison says:

    I’m still trying t figure out how Boa is purporting to be the lender and the servicer all the while the aledged owner has turned it over to MERS lock, stock, and barrel. Never got a relead-se from Washington Mutual (I think because it was a VA loan and then was aquired by chase, still no notification of that. I picked up my records from the County Recorders Office and it is utter chaos. Our mortgage was bought and sold so many times over, and I’d like to think of what the Recorders offices everywhere think of all the revenue that was lost by bypassing the Law. Who the hell do they tink they are, Linsey Lohan?

  5. syl says:

    In NY, JP Morgan Chase is looking to expunge 100′s of it’s own “erroneously” filed Satisfaction of Mortgages in Suffolk County NY via advertised legal notices through the infamous Steven J. Baum’s office. This is only one county, and one Bank, other banks are beginning to do the same. What next? Is nothing valid? and what does this mean??
    http://riverheadnewsreview.timesreview.com/2011/07/18087/legal-notices-july-7-2011/

    • housemanrob says:

      Syl, I sold my lakefront home on THE GREAT SACANDAGA LAKE near lake GEORGE(both huge lakes) in Oct, 2009 and I broke even after 10 yrs of ownership, received 120k cash from equity and no mortgage satisfaction has ever been filed. WHAT THE F—! I sure feel bad about the new owners’ title problems…….a LEHMAN BROS- AURORA DEAL. Uh-oh, poor guy!

  6. WOODKNOT says:

    We all need to attend the next WHITEHO– USE PRESS MEETING/BRIEFING or show up at press conferences. Could there be at least one media person that will bring this to National Attention ???

    If we do not get MAINSTREAM MEDIA ATTENTION-we are going to get nothing.
    CSPAN and PBS would give us more power & attention-if they would only give us a chance to speak !
    Call these outlets when they offer the opportunity to speak LIVE ON THE AIR-email them- write letters to your favorite local TV news celebrities..tell them it is time to reveal what MILLIONS of PEOPLE are enduring. Is this going to require another 4- 5 years and another 4 million fraudclosures ???
    We cannot rely on the Judicial system-the wheels of Justice are known to turn slowly, especially when huge too big to fail corporations are involved. Just for comparision look how long it has required for EXON, BP or TOYOTA to pay fines or even be investigated by our Gov. We have proved FRAUD on many levels-only to be told the fraud was CLERICAL ERRORS, MISTAKES, Forgery has been accepted as a “necessary procedure used & well known in the industry”. They have been sued by Investors & Pension Funds & sued by thousands including Banks SUING OTHER BANKS ! l
    If we were 4 million people involved in other “Consumer Issues” we would have had some help

    • lvent says:

      They are trying to destroy us quietly. Watch the latest KEISER REPORT at: http://maxkeiser.com/ GOOGLE NEO FEUDALISM. THAT IS THE ECONOMIC CONDITIONS THEY CREATED BECA– USE OF ALL OF THE MANUFACTURED CRISISES THEY CREATED. PEOPLE MUST STOP PAYING THE FOREIGN TYRANNY THAT ROBBED US. THEY INTENTIONALLY CREATED THESE ECONOMIC CONDITIONS TO ENSLAVE THE PEOPLE TO THEM. GO TO YOU TUBE AND SEARCH FOR CNBC ILLUMINATI CRASHES STOCK MARKET. DEATH TO THE NWO TYRANNY!!! STOP USING THE FDIC INSURED BANKS.

  7. pamelag says:

    these banksters seem to be making up the laws as we go along. is there a form # for an affadavit of lost assignment of mortgage? the cure in here somewhere is with the ‘recorder of deeds’. also research some of these judges? God Bless Us All in this rabbit hole

  8. Jim Bethea says:

    Banks don’t lose mortgage notes ~~ the Chinese bought them ~~ neither do the banks like and trust you either!!
    If they trusted you so much, they would not chain their pens on the counters ~~ As the famous Will Rogers said: “believe nothing you hear” & “only half of what you see” ~~

    • housemanrob says:

      I dunno know Jim? If they cannot keep from losing the notes…..how are they gonna’ find the pens !

    • lvent says:

      The Chinese , the Japanese, the Middle East, India, the Saudi’s, Australia,every country on the planet invested in the mortgage fraud. They ALL got what they all deserved if you ask me. I do not feel sorry for not one of those INVESTORS. THAT WAS ALL DONE BEHIND OUR BACKS. IF I WOULD HAVE KNOWN WHAT THEY WERE DOING. I WOULD NEVER HAVE WENT TO THEM FOR A LOAN. The FOREIGN INVESTORS wanted to get rich off of our backs. The U.S. GOVERNMENT SHOULD HAVE NEVER ALLOWED THAT. THAT WAS TREASON. The Chinese don’t allow anyone to INVEST in their homes and land and stuff. AMERICA is full of TRAITORS. THE MORTGAGE FRAUD AND THE PONZI SCHEME WAS BAD ENOUGH BUT THE TREASON SHOULD SEND THEM ALL TO THE HOOSGOW.

    • lvent says:

      Jim, rumor has it they destroyed not only the mortage notes but the mortgages. All the ORIGINAL DOCS WERE DESTROYED TO COVERUP FOR ALL OF THEIR FRAUD.

  9. R. Frodsham says:

    I’m from a non-judicial state (CA) so they just foreclose and take your home unobstructed by such petty things as proper paperwork. My question is ‘How stupid are the defendants or the judges?’ the statement “the original unrecorded assignment of mortgage is lost or missing through no fault of the Assignee” is absurd on its face unless there has been a fire that burned business records. (And there would be plenty of proof of something like that, e.g.: dispatch records from the fire dept.) Assuming you had a thing in your possession, for it to become lost, YOU must have been irresponsible and lost it. The mortgage fairy didn’t come along and steal it.
    Your courts need to start treating the plaintiffs as responsible adults and recognize the concept of “personal responsibility,” and/or employer responsibility for employee actions within the overview of the business.

    • housemanrob says:

      Docs are missing everywhere! Must be lots of mortgage fairies!

    • rictic says:

      No, No… it’s those damn Deadbeat borrowers. They stole all the documents.

      • BLESSED AND HIGHLY FAVORED says:

        BLESSED AND HIGHLY FAVORED SAYS, HOW COULD YOU EVEN FIX YOUR MOUTH TO SAY SOMETHING SO VERY UNGODLY, AS IT IS NOT THE BORROWERS FAULT THAT BANKS, MORTGAGE COMPANIES,REAL ESTATES AND LOAN SERVICING TO SAY THE TRUE ASSIGNMENT GOT LOST. HSBC BANK AND MORTGAGE SURE TOLD ME THAT, HOWEVER EITHER WAY ONE HOLD OR FOLD, WEAR OR TEAR DICE OR SLICE IT ( SO TO SPEAK) THE BANK , THE MORTGAGE LOAN COMPANIES, THE REAL ESTATES AND LOAN SERVICING CAN FIX A FAKE TO MAKE IT LOOK REAL, BUT THANK GOD THAT HIS ONLY BEGOTTEN SON HAVE GOT THEIR AND WHEN HE CALL THEM UP TO REAP JUST WHAT THEY SOW ALL OR SOME WILL CRAWL WALK AND RUN

    • lvent says:

      Was the mortgage or note altered after the closing??? It could be wise for anyone to look at their closing docs and compare them to the pretender lenders copies. They can manufacture docs or claim they are lost but they can’t fix it if they altered docs after the closing. There are case ending fatal flaws in everyones docs. Knowledge is power, Arm yourself with proof.

  10. debi p says:

    I am thinking the only way though this mucky water is to go to appeals court.
    Perhaps the adults can see what the bad children
    Are doing and were doing all along. The state courts are a joke and have
    Been bought and resold without an assignment just like they
    Like it. If no sanity in appeals then chapter 13. I would bet a BK judge may not be so amused. Is this ever going to end?
    Why don’t they care we know what they have done and r doing and even
    Under investigation they continue to forge and commit fraud.
    I guess that affirms that the laws don’t matter any more right?
    What a shame. That’s all I know for sure. Debi 5613899339

  11. avonics88 says:

    After 4 years of fighting this fraudclosure stuff, I went down the the real estate records office and got a copy that was filed of an affidavit of missing assignment. Well, low and behold, there was ole Prommis Solutions address on there along with a forged notary document and stamped and recorded somewhere in a county that does not even exist in this state!!! Also, forged notary stamp from somewhere in another state?? Ha, GBI is now handling and investigation with ours!!
    They were going to put us out on the street………Tomorrow!! How’s that for hanging on till the last minute? I would say “end”, but it ain’t over yet!!

  12. JamesM says:

    You can make an affidavit about anything, but an Affidavit of a Lost Assignment of Mortgage is completly legally void. (In my opinion) .

    An assignment of mortgage can only do one of two things:

    1) An assignment of mortgage, when recorded in the public records gives others notice of who holds a secured intrest in the property. If it was never recorded it’s value in that regard is completly void.

    2) An assignment of mortgage or contract can evidence a transaction or sale. But if you don’t have it you don’t have evidence of a transaction and it’s legal value is nil, nothing, zilch. Either you have it, in which case it maybe evidence, or you don’t in which case it ain’t.

    An affidavit of a lost assignment is by definition HEARSAY . It is someone saying that someone else they did not see previously executed a document that if it now existed would evidence that a fourth party, the Assignor, transferred or sold something.

    It is the legal equivalent of “I know joe’s friend saw a ghost some years ago because he told me so in a letter I lost.”

    Such a document is horseshit.

    You can have it excluded under Florida Evidence Code, or for that matter any evidence code in this nation. I don’t believe that any court would accept one of these IF correctly challenged as hearsay under the approprate evidence code. Failure to object and state the reason for the objection, “because it is hearsay”, waves the objection probably waves right to appeal it. (Although not always).

  13. angry& NOT TAKIN IT! says:

    those criminals..the tribe of weasels … uhg! “vomiting noise”

  14. CAFE (Citizens Against Foreclosures and Evictions says:

    It is one huge snakepit out there isn’t it! Unfortunately, too big too fail also translates into “too big to be to be held accountable”. Fight on.

    I am trying to organize in NH. There is a paltry amount of grassroots groups here to fight for homeowner and tenant rights. And Legal Aid’s funding was cut, so no new cases. The NHBA, not much help either.

    I am hoping to post a narrative on my soon to be pro se triple fraud case( Lend America originator for fraud and predatory lending, US Modification Services for fraud and deceptive trade practices and last but not least the party that foreclosed on my home for slanderous title, fraud and deceptive trade practices),

    I call it my “trifecta” fraud case.

    Any takers, for pro bono?

    Anyone from NH interested in organinzing a meeting please email CAFE(Citizens Against Foreclosures and Evictions) at dianedefazio@yahoo.com . Anyone that wants to email me from anywhere with stories, resources or any comments feel free to do so.

    Also, Michael, if you read this comment please get back to me about the post. And Hi to Carol Ashbury(I am still looking for legal help).

    Hi to my friends at Essex County Deeds( my old stomping ground). BRAVO!

    And a special Hi to Kevin Harvey who posted the Press Release. Kevin assisted me on an eviction case in the old days of Salem. This is no witch hunt.

  15. Jason Werner says:

    It is not only perjury and tampering with records for banks to do such acts, but it is also obstructing justice for law enforcement to conceal the matter and refuse to do their jobs.

  16. Hell No, No More Bail-OUTS says:

    And THEN we have Litton and LPS generating the VERY LATE assignments in that supposedly ‘A to D’ assignment that does not conform with the required ‘A->B->C->D’ chain. In fact, this Deed needed an assignment TO the ‘A’ entity. So it never even REALLY is assigned into the REMIC trust by any party named in the PSA whatsoever! Worse yet, the NAMED corporation that was identified as the LENDER on the Deed and NOTE was never created until years later. The signers are NOT acting for THAT company when they create the assignments using MERS. That corporation is NOT a MERS member.

    Worse yet, they file a NOD that includes a ‘Debt Validation’ per CA laws and the named creditor on those documents (even with two attempts) do not name the creditors involved in the assignment fiasco.

    Worse yet, they filed the assignment after they submit a Proof of Claim in a BK case filed after the NOD/NOS posting. [Understand THAT PROBLEM order of events Litton? LPS/LSI? BNY Mellon? BofA? Quality? McCalla-Rhymer? McCarthy-Holthus?]

    When a pool closes in December 2005, attempts to assign a supposedly defaulted mortgage into the REMIC in 2010 are ridiculous.

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