VIA Fraud Digest

“In many  states,  two  such Assignments were  prepared  and  filed.  The  first was prepared in the name of Mortgage Electronic Registration Systems as “nominee” for  the  particular  bank  or  mortgage  company.  When  MERS  authority  to  file foreclosures and Assignments was challenged  in most  jurisdictions, with varying results, a non-MERS Assignment was prepared as well.

In all of  these  cases,  the Assignment was prepared  to  conceal  the actual date that the property was acquired by the Trust.  An examination of the Assignments filed showing  the grantee as  the Trust – such as  “Soundview Home Loan Trust 2006 – OPT 2” – shows that most of these Assignments were prepared and filed in  2008  and  2009,  when,  in  reality,  the  mortgages  and  notes  were  actually assigned – albeit defectively – prior  to  the closing date of  the Trust.   While  the exact  closing  date  can  only  be  determined  by  looking  at  the  trust  documents, any Trust that includes the year in 2006 in its title most likelyclosed in 2006.

If a Mortgage Assignment  is dated, notarized and  filed  in a year after the year set forth in the name of the grantee trust on the Assignment, it is actually an Assignment specially, and in many cases, fraudulently, made to facilitate foreclosures”.


Mortgage Assignments as Evidence of Fraud
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