I as well had CW before my refi. BofA also was paid, not CW. I also received a release from MERS stating they were satisfied.

This occurred because CW sold the loan to BofA through securitization. BofA is never mentioned anywhere in any public records as owning the loan. This was another break in the title chain (I have had about six since 2004). MERS cannot discharge a mortgage without proof that the loan has been paid. This is a pretty universal standard amongst all states. Legally, MERS can only release their “legal title”, not the mortgage. It is stated in their own docs.

I also agree. Loan mods done between the borrower and servicer are nullities. The servicer has no authority to enter into contracts for the principle, only service the debt obligation. Even if you do not enter into a loan mod, save the docs. They may be useful should the true principle file a claim in court.

You could file a motion to dismiss based on lack of standing, based on the mod docs. This forces the principle to respond on how this occurred. It may also disclose that the securitization was not perfected within the time frame of the PSA, thus nullifying it. It may also show that the servicer acted outside of the authority vested in it under the PSA, again calling the securitization into question.

There is no FOIA protection for the SEC for any publically recordable documents. The SEC is trying to act like MERS, but they are accountable for docs required to be made public. This is especially so as it relates to a securitization where you are a principle to it (remember, you are the holder of the collateral for the debt obligation.)

This is the kicker that occurred with me. The SEC will not admit or deny that I am a party to such. If they admit it, then they must grant an exemption under Section 29, since I am not contractually bound to the PSA, and the collateral’s title has been shredded by previous securitizations. If they deny it, it is an admission that the collateral holders are not legal parties to the securitization.

They SEC believes that not deciding this paradox is the easiest path, and less costly to investors. However, this path is illegal;

“Title 18> PART I > CHAPTER 101 > § 2075
§ 2075. Officer failing to make returns or reports

Every officer who neglects or refuses to make any return or report which he is required to make at stated times by any Act of Congress or regulation of the Department of the Treasury, other than his accounts, within the time prescribed by such Act or regulation, shall be fined under this title.”

” Title 18> PART I > CHAPTER 101 > § 2071
§ 2071. Concealment, removal, or mutilation generally

(a) Whoever willfully and unlawfully conceals, removes, mutilates, obliterates, or destroys, or attempts to do so, or, with intent to do so takes and carries away any record, proceeding, map, book, paper, document, or other thing, filed or deposited with any clerk or officer of any court of the United States, or in any public office, or with any judicial or public officer of the United States, shall be fined under this title or imprisoned not more than three years, or both.
(b) Whoever, having the custody of any such record, proceeding, map, book, document, paper, or other thing, willfully and unlawfully conceals, removes, mutilates, obliterates, falsifies, or destroys the same, shall be fined under this title or imprisoned not more than three years, or both; and shall forfeit his office and be disqualified from holding any office under the United States. As used in this subsection, the term “office” does not include the office held by any person as a retired officer of the Armed Forces of the United States.”

The SEC is wholly involved as a co-conspirator in the fraudclosure being presented in our courts. The SEC is no longer a regulatory agency, but an arm of Wall Street to aid and abet in their crimes. This is exactly why Bernie Madoff did his Ponzi scheme free and clear of any SEC oversight.

That is why any modification that is between the borrower and the servicer, not naming the lender specifically, is a void ab initio. The servicer is not a principle that can enter into a modification contract with the borrower. They know this !!! The point of these contracts is the clause indemnifying them against any lost, missing, or defective paperwork. It is for their benefit, not yours.

Modifications have become a scam to strip you of your rights to defend yourself against claims. Why do you think people were dual-tracked? It was not an accident, or error, it was a premeditated action. Without the banks being accountable for their crimes, they just keep developing new ones.

Hi Readsdocs, I did search everywhere for her PATRICIA M. PICCARD of CHICAGO TITLE AND TRUST on the web.. Can’t seem to find her. LOL. When I went to the recorders office to do some more research on my docs a few days ago I asked the clerk about the notaries, he laughed and said laughingly hmm, the notaries. I spoke to an investigator from the state AG’s office last week and I asked him do your think a notary from a title co. would also be a notary from a bank? He laughed. I told him I can’t find an attorney to rep me. He said well those are a special kind of attorney and I said what are they called and he said I don’t know, and he LOL!!! I doubt she is who she says she is. like Linda Greene, probably a robo-signer or a fictitious character. Maybe I should have her subpoenaed along with this so called asst. bank VP on the FAKE FRAUDULENT ALLONGE from the failed bank who refied my loan.! LOL!!! That would really be interesting. I would be willing to wager a little bet that the pretender lender would drop their fraudulent fraudclosure complaint in a hurry. Then the judge can dismiss them for good and give me a clear title to my home.

Thanks Susan. There truly seems to be no bottom the fraud. The closing attorney for both my house and commercial property told me that the Title Co. would not alter docs after the closing. I just think any one wants to be pointing fingers at this point because there seems to be plenty of criminal indictments to go around. Both of my title insurance policies for my home and commercial property are Owner’s Policies. The same attorney from the closing told me the title insurance is more important than the deed because that guarantees my deed was conveyed to me properly, which I believe is free and clear of liens. There is no deed recorded under the new pin for my house. Yes, they gave me a new pin after the second bankster came along and sold me my mortgage for a dollar. The ORIGINATION FRAUD was hidden under an old pin. The lawyer at the recorder of deeds office gave me my old pin so I could get to my PAID DEED!!!! They told me my house is paid for, I can live in it, sell it or do whatever I want with it. There has not been a lien assigned to my deed in 19+ years and the statute of limitations in my state is 12 years! Even that does not matter because of the fact they altered docs after the closing and that is what really kills their chances to fraudclose. They really told you they committed fraud in your name? WOW!!! That is unbelievable, jaw dropping? This is all like a really sick, bad joke. FRAUDCLOSURES are the biggest hoax in history.

The way I have been researching the Title Co.’s goes like this. To add, I also have Chicago Title Ins.that was changed over to Tigor Title Ins. from being formerly Pioneer Title. Both Chicago and Tigor Lender’s policies read INDENTICAL. I am LUCKY to have both policies needed to file a CLAIM. I purchased two policies 1. Lenders Policy and 2. Owners Policy. It is my understanding that the Lender’s Policy ONLY PROTECTS the Lender, not you. So even if you have bad Fraudulent Documents, the protection will be to pay the Lender not us. Check your Original Closing Settlement to see if you have an OWNERS POLICY. Even if you REFY, and it’s not on the new loan, you are still insured under the ORIGINAL OWNERS POLICY. I feel for some consumers cause a great many people DON’T KNOW THIS. They only get the Title Insurance that is REQUIRED, to PROTECT THE LENDER. We, for reasons, have always thought that it was protection that we were buying and IT IS NOT. So check your docs again and see where you stand. Whoever told you that a TITLE COMPANY will not make alterations after CLOSING is DEAD WRONG. My characters have admitted it in Federal Court. They stated that they had to alter my mortgage documents( after I signed) in order for them to meet the Indiana recording requirements. So they committed FORGERY to meet the requirements. Anyone think we could get on REALITY T.V. ?? This Bull S – – – is too entertaining.

Thank you so much Susan!! I have a notice of intent to foreclose letter too. I wonder if that statute applies in every state? I know what you mean about the note, it is the clear title that is the only thing that can prove their legal standing to foreclose and we know they sure do not have that. The dipshit lying attorney for my pretender lender had the nerve to tell me they can fraudclose without a clear title? WOW. ISN’T THAT ILLEGAL?? Wouldn’t the FBI love to have that on a wiretap?? What a bunch of deceptive crooks. It is really hard to find out what the laws are that protect us from them. I am sure it was planned that way. I agree, Knowledge is power. An attorney I spoke with told me none of them thought they would get caught. There are still way too many sheeple but some of the sheeple are starting to wake up and realize something has gone terribly wrong here and maybe they never should have lost their homes. The first to go did not have a chance of finding out all of this stuff in time to save themselves. I hope they all come back to reclaim their stolen homes and get them back with big monetary compensation for all of the helll they put them through. My brother in law falls into that category. He never even had a day in court and the Homeowners ass. as a proxy for Wells Fargo had him evicted from his townhouse by the Sheriffs Dept 2 years ago for falling behind on his ass. fees. Best of Luck to you as well, I can’t wait to hear the good news that you won your house back free and clear with a clean title conveyed back to you, the rightful owner!!!