Mark Stopa | Return of Original Note/Mortgage – After a Settlement

“My concern is far greater than this one case. I’ve seen this issue far too often, and I see it as an industry-wide problem. Any time there’s a short sale or deed in lieu with a deficiency waiver, there should be no need for the original Note and Mortgage to be returned to the Plaintiff, yet we all see that happen in virtually every settlement. Why? Is there something nefarious going on here?”

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Return of Original Note/Mortgage – After a Settlement

Any attorney who represents homeowners facing foreclosure has seen it. A homeowner settles a case on his/her own via a short sale, deed in lieu of foreclosure, or loan modification. Contemporaneously, the plaintiff’s attorney voluntarily dismisses the case and, in doing so, procures an ex parte Order directing the Clerk to return the original Note and Mortgage to plaintiff’s counsel.

I saw this in a case recently, and it really rubbed me the wrong way. Not the settlement – that was fine. (Great, actually. Any time a client gets a satisfactory resolution, it’s a great feeling.) But the return of the original Note and Mortgage to Plaintiff’s counsel, ex parte, without notice and without hearing … why? Why does the plaintiff need the original Note and Mortgage when the case has settled, the house has been sold, and the bank forgave any deficiency? Why should the original Note be floating around in the stream of commerce, creating the potential for someone to take the position the debt was still outstanding?

Rest here…

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4closureFraud.org

Comments
11 Responses to “Mark Stopa | Return of Original Note/Mortgage – After a Settlement”
  1. Igor says:

    Ivent, I know. Unfortunately, I know.I have seen it up front and personal.
    http://movetoamend.org/prosecute-atlanta-veterans-administration-loan-guarantee-officer

    • lvent says:

      IGOR, GOD BLESS YOU AND ALL WHO SEEK AND LEARN THE TRUTH THAT IS BEING REVEALED BY THE GRACE OF THE CREATOR, WHO I BELIEVE TO BE THE GRACE OF GOD ALMIGHTY, AND GODS GRACE IS THEREFORE BEING GIVEN TO ALL OF THOSE WHO WANT THE TRUTH TO BE REVEALED TO THEM…!! GOD BLESS AMERICA…!! BY WE THE PEOPLE SEEKING AND THE REVEALING OF THOSE TRUTHS BY GOD, WE THE PEOPLE WILL BE PUT BACK ON THE ROAD TO FREEDOM, LIBERTY, INDEPENDENCE, JUSTICE AND PROSPERITY….BY THE WAY OF ALL THAT SEEK THESE TRUTHS AND THOSE TRUTHS BEING REVEALED BY THE CREATOR, WHICH IS ALMIGHTY GOD’S GIFT TO MANKIND,..

  2. Igor says:

    A HUGE concern is that this racket and its racketeers are using the 17 to 70 TRILLION dollars of our pensions, govt bonds, state and county monies, etc to buy the foreclosed properties they conspired to destroy! The ‘bail out’ of 2008 – 9 was a bailout out of the underlying funds that were sucked from the racketeers counterfeit mortgage frauds. AIG was the insurer of the underlying funds It was left holding the bag.If it collapsed, the funds it insured would collapse and thus all our pensions, and bonds would have been vaporized. The question is, was is a foregone conclusion? a pre arranged plan, to bail out AIG? Or were they victims of the deception? If you have had the mis fortune to know someone involved in this mess, a racketeer, you know just how deeply disturbed they are, and deeply duplicitous and corrup they are as people.

    • lvent says:

      IGOR…NOT UNTIL YOU SEEK THE TRUTH ABOUT WHO OWNS ALL OF THESE CRIMINAL INSTITUTIONS WILL YOU REALIZE THE TRUTH IS …THEY ARE ALL CRIMINALLY COMPLICATE… FIND OUT WHO OWNS AIG.. AND YOU WILL FIND OUT THE TRUTH IS …. THE CIA DOES…WHO OWNS AND CONTROLS THE CIA…? THE VATICAN/ROTHSCHILDS DO …THEY HIJACK, CONTROL AND STEAL EVERYTHING VIA MANY PROXIES…..!!! WE MUST ALL DO OUR OWN HOMEWORK ON WHO THE REAL OWNERS OF THIS MASSIVE, MONOLITIC CONSPIRACY ARE AND THEN WE THE PEOPLE WILL SOON DISCOVER…NONE OF THEM EVER LENT ANYONE ANY MONEY…IT WAS ALL A GIANT SCAM/SCHEME BORN OF MASSIVE SECRETS, LIES AND DECEPTIONS TO CREATE ALL OF THEIR MASSIVE FRAUD AND THEFT OF ALL OF OUR WEALTH ALL TO STEAL OUR NATIONAL SOVEREIGNTY…….!!! AND THE TRUTH WILL THEN REVEAL THAT WE THE PEOPLE ALWAYS WERE AND STILL ARE THE TRUE OWNERS OF THE UNITED STATES OF AMERICA…!!

      • lvent says:

        WE THE PEOPLE, EN MASSE… THEREFORE MUST…..SEEK YE THE TRUTH….AND THE TRUTH WILL MAKE US FREE…..!!!

  3. Gregory says:

    How can a loan guarantee officer conceal a fraudulent loan? How can a loan guarantee officer obtain a loan on a house he has no interest in, and conceal it from the court house records?
    The house in question has no loan/lien upon it, and is owned free and clear by this individuals ex wife’s husband.
    It became apparent, that this loan guarantee officer had apparently secured a loan on this house when he started being named as the owner on mailings to the house, which according to the the companies who were mailing out the advertisements, was purchased from the Experian New Home Owners Database, which apparently obtained their data from other databases derived from loans!. Experian told the actual owner that they could not take off the ex’s name from the database and replace it with his, the actual owner, but could only delete the address, because they did not obtain their data through names, but only addresses thus whoever is named at the court house as the owner is that named on their list. This list was developed via loans/mortgages, not by people going down to every courthouse, or so I am told.
    There is evidence of other irregularities where this guy is concerned regarding mortgages.
    It would appear there has been an ongoing attempt at altering the record, but the databases keep restoring the data creating a very obvious trail of data corruption, but not as completely over time.
    This began to explain why this guy would go to any extreme to conceal his financial’s from the court during divorce and child support proceedings, It became clear that his high powered attorney was possibly a co- racketeer, rather then a mere attorney.
    This all lead to the appearance that this guy is involved in this mortgage fraud racket we are all hearing about now, and he has been exposed at some level and is working to conceal his involvement.
    His unending battle to destroy the marriage of his ex and her husband, was apparently one of concealing financial crimes, rather then just the pleasure of terrorizing them.
    My friend went down to the court house to do a title search, which came up clean, he asked one of the clerks about it, and told him he suspected there were double books at the courthouse. The clerk became engaged and gave him the name of a detective and told him to see him immediately. The detective made up obviously evasive excuses and never saw him . My friend continued to ask questions and dig. He found he had entered a never ending rabbit hole. This rabbit hole continues to this day.

  4. Hell No, No More Blasted Bankster Bail-Outs says:

    I agree with Igor.

    These fraudsters are NOT above a double set of books. These supposedly satisfied mortgages can be used to fool examiners that the banksters hold more collateral than they do in truth.

    There are other ways in which a double set of books likely exists. There are loans issued by some of the major lenders that do not show that lender’s name on them, intentionally. In some cases, the named lender did not exist with any government agency. Most states require LENDERS to be registered. The named lender on these wild mortgages was not registered.

    What reason could a major corporation have for placing large numbers of mortgages in the name of a non-existent corporation other than to either profit on the shadow market or some other nefarious scheme? By use of that false corporate name, the entity that place those mortgages has already seen cases where foreclosure was not allowed. They could not show any connection with the lender named on the loan documents. That false name was used thru-out all the loan documents, not just on the final DOT or mortgage.

    WHY risk placing loans that can be successfully contested? But that is exactly what Mozello continued to do for years. There has to be a pay-off for the company or they would not have risked placing even ONE mortgage that named a non-existent LENDER corporation. This was done on a grand scale in just one place: Countrywide. There is a ‘smell’ to this practice. Either double booking or some other scheme was and is in play.

    • William says:

      Follow the links and study them. The answers to your questions arew to be found.
      http://movetoamend.org/prosecute-atlanta-veterans-administration-loan-guarantee-officer

    • Igor says:

      The bogus lenders were/are straw men, used as conduits for the counterfeit mortgage funding transfers. The trusts were sold these counterfeit mortgages. The funds then transfered to offshore secret accounts on behalf of the racketeers (loan originators, loan officers,/underwriters, loan guarantee officer (VA), and their attorneys who work as both a protection racket and are involved in the protection of the law firms who are realestate law firms dealing in court filings, title insurance, re appraisers, and the like) That what this is about. Fraudulent mortgages made to appear as legit using the straw man lenders, and MERS, which aided in the concealment and fraudulent legitimization of these fraudulent counterfeit mortgages.
      There is a racket consisting of crimianls who use their law licenses as a cover. Thus, they are like doctors who use there medical skills to commit murder. They are not doctors, they are murderers. This is the rub, the lawyers are the protectors and the racketeers with their own offshore accounts, so they are protecting them selves from exposure. IMHO

  5. Stan Dern says:

    I disagree with Stopa’s statement “not the settlement – that was fine. (Great, actually. Any time a client gets a satisfactory resolution, it’s a great feeling.) ” How is it for a homeowner who’s losing 100K or more, has lost probably more than that by trying to work something out with the ba$tards, may have declared bankruptcy, may have suffered tremendous emotional damage – yet why in the hell is that a “satisfactory resolution”?
    Perhaps it’s the ‘best that can be hoped for’? How far to the bottom are we letting Banksters push us?

  6. Igor says:

    ‘….creating the potential for someone to take the position the debt was still outstanding?’ Because it is outstanding. The buyer in the short sale does not own that property and never will. What you are saying here is that you have proof. You also see that the court is complicit in allowing this to occur. This is prima fascia evidence the requirement that original documentation may not be the ONLY original documentation floating around, or it may be that title to ownership will never be establishable, and their is another fiasco brewing under the radar screen. What you see is the tip of the iceberg just like that as was seen by many and ignored regarding this whole fraud 10 years ago. It appears this has to do with MULTIPLEDGING and the coverup of such. when the loan is payed off. IMHO.

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