What do I do when MERS has assigned to US BANK NATIONAL TRUST FOR EQUIFIRST CORP. and assignment ELECTRONICALLY filed. This is EXHIBIT A included in the Motion for Summary Judgment. I have court on 7/12/11, and need to respond to this asap.
We got a copy of the mortgage from the county records – there were no signatures for the “witness” (of our signatures) even though there was a space for it. This was the only document on the county record. Can we assume there has been no assignment?
Please if anyone knows of an attorney (we are in Hawaii) who could help fight this for us, it would be much appreciated. One of the largest firms (specializing in RE) here (CarlSmith Ball) has not even returned our phone calls. (Leads me to think they are working for the banks.)
KP, a large law firm = corporate work. They almost never represent individual citizens unless it has to do with business, tax, or estate planning, or they’re rich people with things like divorce or libel suits. You want to look for a smaller place (usually 50 laywers or fewer). The best way to go is to call the state Bar’s referral hotline, and get some names of attorneys who do what you need and then research them through Martindale Hubbell (or just look at Martindale).
What’s listed in the online land registry is often the first page of the document and not more, so it may not have signatures (I think they do this to cut down on the risk of identity theft). You could go to the physical registry, which might have the entire document and any other documents related to that specific property.
Steve,
I see you are an atty. in Arizona. We are not currently in foreclosure, but I would like to pre-empt.
Have you ever demanded the lender produce the note on any homes not in forclosure?
The link is not working? I would love to see it. I went to the MERS website as it was mentioned last week that MERS would now expose the “hidden” lenders, however, it does not!
Thankyou, I am not a lawyer just a dad helping one of his children. To whomever publish this information on MERS I am grateful.
I am currently suing MERS, several banks,and a title company.
The sad truth is I have talked to several lawyers and have yet to find one that really has a grasp of Mortgage Fraud,and violations of RESPA and TILA they all want large sums of non-existent money upfront to negotiate a loan modification which I can do myself any day of the week.
Again Thank you and I will post any additions to this file
You should try to obtain a securitization audit asap to show how your loan from the original lender to US Bank; it is costly but worth it.
What do I do when MERS has assigned to US BANK NATIONAL TRUST FOR EQUIFIRST CORP. and assignment ELECTRONICALLY filed. This is EXHIBIT A included in the Motion for Summary Judgment. I have court on 7/12/11, and need to respond to this asap.
We got a copy of the mortgage from the county records – there were no signatures for the “witness” (of our signatures) even though there was a space for it. This was the only document on the county record. Can we assume there has been no assignment?
Please if anyone knows of an attorney (we are in Hawaii) who could help fight this for us, it would be much appreciated. One of the largest firms (specializing in RE) here (CarlSmith Ball) has not even returned our phone calls. (Leads me to think they are working for the banks.)
KP, a large law firm = corporate work. They almost never represent individual citizens unless it has to do with business, tax, or estate planning, or they’re rich people with things like divorce or libel suits. You want to look for a smaller place (usually 50 laywers or fewer). The best way to go is to call the state Bar’s referral hotline, and get some names of attorneys who do what you need and then research them through Martindale Hubbell (or just look at Martindale).
What’s listed in the online land registry is often the first page of the document and not more, so it may not have signatures (I think they do this to cut down on the risk of identity theft). You could go to the physical registry, which might have the entire document and any other documents related to that specific property.
Good luck!
Great article. Keep up the good fight in this war on foreclosure!
Steve Vondran
Arizona and California Foreclosure Defense Lawyer
Phone (877) 276-5084
Steve,
I see you are an atty. in Arizona. We are not currently in foreclosure, but I would like to pre-empt.
Have you ever demanded the lender produce the note on any homes not in forclosure?
For a complete listing of MERS Member Banks, please go to:
http://chinkinthearmor.net/2010/03/04/list-of-mers-board-of-directors-and-a-z-list-of-mers-member-banks/
The link is not working? I would love to see it. I went to the MERS website as it was mentioned last week that MERS would now expose the “hidden” lenders, however, it does not!
Thankyou, I am not a lawyer just a dad helping one of his children. To whomever publish this information on MERS I am grateful.
I am currently suing MERS, several banks,and a title company.
The sad truth is I have talked to several lawyers and have yet to find one that really has a grasp of Mortgage Fraud,and violations of RESPA and TILA they all want large sums of non-existent money upfront to negotiate a loan modification which I can do myself any day of the week.
Again Thank you and I will post any additions to this file
JZ