Bank of America Says Foreclosure Stalled Because Clerk’s Office ‘Un-Recorded’ Power of Attorney, Warranty Deed and the Deed of Trust from the Property Records

Bank says foreclosure stalled because of missing paperwork at clerk’s office

A bank claims it is having difficulty foreclosing on a property due to missing paperwork in the county clerk’s office.

Bank of America filed a lawsuit June 20 in Jefferson County District Court against Allen K. Marble, Shannon Marble, Shawn A. Jurek and Carolyn D. Jurek.

In its complaint, Bank of America claims its predecessor, Countrywide, issued a mortgage to the Jureks for $177,300 to help them buy property in 2007 from the Marbles at 1028 North 22nd St. in Nederland. The Jureks secured their loan with a Deed of Trust, according to the complaint.

Bank of America has since discovered that the Power of Attorney, the Warranty Deed and the Deed of Trust can no longer be found in the real property records in Jefferson County, the suit states. However, when the Jureks first purchased the property, the required paperwork was filed in the correct place, the complaint says.

“At some subsequent date, the County Clerk ‘un-recorded’ those instruments and removed them from the indexes,” the suit states. “Plaintiff was not told of this ‘un-recording’ at the time in occurred.”

As a result, Bank of America claims it has been impossible to foreclose on the Jureks’ property.

Rest here…

haha mouse

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4closureFraud.org

Comments
12 Responses to “Bank of America Says Foreclosure Stalled Because Clerk’s Office ‘Un-Recorded’ Power of Attorney, Warranty Deed and the Deed of Trust from the Property Records”
  1. Tim Bryant says:

    And it will remain impossible due to FUNCTUS OFFICIO

  2. denise says:

    WELL SAID CHARLEY…AMERICA NEEDS TO FIGHT BACK…THESE BACK DOOR OPERATIONS ARE USING SMOKE AND MIRRORS TO KEEP YOU INTIMIDATED…Next time you speak with your ‘sub-servicer’
    ask the representative how long they have been in the mortgage industry…on average…6 months. They are incented to keep Americans in default…given t-shirts that say, ‘NO PAY, NO STAY.’
    Send QWR’s demanding then explanation of your note and who ‘really’ owns it. send them a letter demanding they verify they own your debt…they DON’T.
    Please start fighting back…this is the biggest fraud on americans in history.
    And the investors who held your, now closed trust, have left the U.S. 27 trillion dollars richer.
    WAKE UP!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!

  3. Bobbi Swann says:

    All I gotta say is ‘it’s about **** time!!! And Charlie Rice, you are right on the money!!!!

  4. Barbra Orr says:

    I am with the little mouse laughing till my stomach hurts. How does it feel to be given a taste of your own medicine. You have been judged, you have been probed and you are truly getting what you deserve. BOA is lower than the dirt under my feet., BOA= Basturd bank of America. The president and CEO is the head of the Basturd Rats., along with his mom. How low can you go not near as low as BOA.

  5. Charles Reed says:

    This is what should happen on a ton of loans as I am telling the State of Nebraska this must be done. If the loan was originated by a correspondent bank who turn around and sold the loan to Countrywide before the Deed of Trust was filed as Countrywide like Washington Mutual Bank or IndyMac would want to quickly put the loan into a Ginnie Mae pool and after the sale to a Countrywide had taken take but the initial bank did not record the document when it had a financial interest, they cannot any time after that sale record the Deed of Trust because like the man on the moon they currently don’t have any right and never will again.

    So as what happen on my loan the ex-Lender did not inform the register that the loan had been sold and then signed endorsing a Blank Note to Ginnie Mae all before the Deed of Trust was recorded from the first transaction.

    So illegally the court must un-record the filing because at the time of the delivery and recording the initial bank was not the lien holder. Now what problem it seem BOA is having is that they don’t have a purchase agreement in a signed Note that not blank from the loan being in a Ginnie Mae Mortgage Backed Securities that Countrywide signed blank. The bank is suppose to receive back the original Deed of Trust once it is recorded so all BOA has to do is present the original Deed of Trust with the court stamp on it!

    BOA and the other Lender like Wells Fargo Bank are bs as they talking about going through the court take so long to foreclose, but it because now they must explain to a Judge why there is this blank endorsement or why there not a blank endorsement because we know now that the loan were in a Ginnie Mae pool!

    America got a few trillion dollar MBS problem and there needed to be a lot more un-recording these bogus recording because the chain of ownership now is broken across the country!

  6. see says:

    Imagine that missing paperwork–the tables have been turned. LOL

  7. Judith McDonald says:

    Bank of America has made up paperwork needed to prove no recourse on debt ,they got caught. The BALLS of this organization has left me knowing people in important places will do whatever for profits.No respect left in my heart for bankers and lawyers and Congress, the fine group of people we once called pillars of our communities. A homeless drug addict has more moral codes than Bank of America. Congress waste of TIME.

  8. To Tell The Truth says:

    WOW…would like to see this happen all over….

  9. Mario Kenny says:

    Best laugh ever, LOL the fucking ass hole clerks are getting tired with the same shit different pile bullshit.

    • neidermeyer says:

      I left a reply at the newspaper ,, doubt they will approve and post it though …

    • charley rice says:

      BOA WAS STUPID TO BY CW BECA– USE THEY SECURITIZED 90% OF THE MORTGAGES BEFORE THEY WENT OUT OF BUSINESS.

      SO IT’S IMPOSSIBLE TO HAVE A VALID CHAIN OF ASSIGNMENT FROM COUNTRYWIDE…

      OHHH OOOO!

      NOW BOA IS DOING MORTGAGE SERVICING FRAUD ON THE PAST CW CUSTOMERS.

      JUST BECA– USE BOA BOUGHT CW DOESN’T MEAN YOU CAN CON PAST CW CUSTOMERS BY ADDING YOUR LOGO ON PAST CW MORTGAGE ACCOUNTS TO EXTORT PAYMENTS FROM THOSE HOMEOWNERS BY ACTING AS PRETENDER SERVICERS WITHOUT A VALID CHAIN OF ASSIGNMENT THAT YOU’LL NEVER HAD. : 0

      ALL OF CW SECURITIZATION MAKES IT IMPOSSIBLE FOR YOU TO GET A VALID CHAIN OF ASSIGNMENT.. ONLY THE PAST LENDER CW WOULD OF HAD THE RIGHT TO 4CLOSE..

      BUT CW CAN’T GET BACK THOSE MORTGAGES THAT THEY SOLD TO WALL STREET B/C THE TRUSTS ARE CLOSED…

      ALL THE CW PAST CUSTOMERS SHOULD STOP PAYING THEM, AND FILE A QUIET TILE ACTION AGAINST BOA B/C THEY’RE NOT THE LEGAL PARTY..

      ALL PAST CW CUSTOMERS WOULD WIN HANDS DOWN… : )

      SO, BANK OF AMERICA WILL KEEP ON USING FRAUD WITH ACCOMPLICE RECONTRUST/MERS TO FRONT THEIR DIRTY WORK BY BRINGING DOCUMENT FRAUD ON THE NOD, SOT, AOTDOT.

      FYI RECONTRUST WAS NEVER ASSIGNED TO YOUR DOT, AND YOU CAN’T — USE MERS TO GIVE THE ILLUSION OF POWER ON THE SOT, NOD, AOTDOT, & DOT B/C EVERYONE KNOW THAT MERS IS NAMED IN THE DOT, AND IT’S NOT GIVEN ANY POWER IN THE PARENTHESIS OF MERS…

      MERS/RECONTRUST HAS NO POWER WHATSOEVER TO SUBSTITUTE, ASSIGN, B/C THAT RIGHT BELONGS TO THE LENDER CW THAT HAS WENT OUT OF BUSINESS & HAS LOST THAT RIGHT TO SUBSTITUTE AFTER THEY SOLD TO WALL STREET.

      RECONTRUST HAS NO POWER TO ACT AS A FORECLOSURE TRUSTEE, SELLER, DEBT COLLECTOR OR AGENT…

      IN ADDITION RECONTRUST IS ACTING OUT OF IT’S CAPACITY B/C IT’S NOT A BANK TO SELL PROPERTY EITHER, AND IT DOESN’T HAVE A REAL ESTATE LICENSE AS WELL.

      RECONTRUST AND MERS ARE LISTED IN THE FEB 28, 2011 LIST OF ROBOSIGNERS…
      GOOGLE IT!!!

      PEOPLE ARE CATCHING ON TO THE FRAUD GAME…. YOU’RE GOING DOWN!

      FORWARD THIS TO ALL!!! : )

      • Gene says:

        I know it’s been a while since you wrote this but I have what consider an odd situation and need some advice. Let me know if you see this so I don’t waste my time in writing the whole thing

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