To stop foreclosure, one thing you must do is do your research on your mortgage. It is a very good idea to do a title search on your property. The title search will show all transactions that have taken place on your property, including mortgage assignments or lack thereof. This is most critical when fighting a foreclosure. A title search can be done at the county clerk’s office or online. You can also hire a title examiner. What you are looking for is whether or not the assignment was filed correctly. In most cases they are not. This is very common with third party companies like (MERS).

What is a mortgage assignment?

Mortgage assignments: This is a written document that serves as evidence of a transfer of a loan obligation from the original borrower to a third party. What reveals that a mortgage, deed of trust, or warranty deed has been transferred is the debt attached to the mortgage that is now owed to the new owner.

This is where research and discovery are most critical. An assignment transfers the rights from the original lender to a new owner. Please note that the original lender is PAID. Therefore, the new holder must show that they are in possession of the original mortgage note and that they are a due holder if challenged in order to have legal capacity to foreclose.

Identification of fraud in the assignment of mortgages:

Action 1 – Identify the date of foreclosure and registration of the mortgage assignment. Generally, the assignment of the mortgage will be foreclosed shortly before the foreclosure sale date. How is it possible that the mortgage assignment is valid and the owner is truly the owner in due time?

Action 2: Did MERS (Mortgage Electronic Registration Systems, Inc) act as nominee? MERS is a separate corporation and is often the beneficiary of more than 50 million loans held in securitized trusts. However, the MERS assignments are intended to transfer the mortgage that would be the deed of trust in non-judicial states or the deed of guarantee in Georgia (all known as debt), but also include the transfer of the Note.

Action 3 – Does the mortgage assignment bear a corporate seal? can be challenged

which is invalid if you don’t.

Action 4: Review all signatures and find the name of the notary and examine the signature on the mortgage assignment. Now research the name of the notary on file in the state in which the notary is registered. Check the notary’s signature on file and it should match your mortgage assignment. However, the registered mortgage assignment will likely have a notary signature that is difficult to distinguish as an actual signature name. It can be objected that the notary’s signature does not match and that the document is invalid. This is where it gets interesting, usually ALL the signatures on your mortgage assignment are Squiggle Marks! WTF!?? Whoops, did we say that? But you can clearly see that ALL the signatures on your mortgage assignment are scribbles. Why are signatures wavy marks? Well, if MERS is involved, which is often the case, they will assign MERS “Authorized Signers” who are employees of their member institutions that are located throughout the country and these “Authorized Signers” routinely execute assignments even though they are NOT employees. of the MERS. . This makes the foreclosure process easier for them. Which allows them to foreclose on the mortgage assignment and have it recorded just days before a foreclosure lawsuit is filed or a trustee sale takes place.

Action 5 – Review the signatory officers on the mortgage assignment and you may question HOW someone can assign my mortgage to a company they don’t even work for for the sole purpose of foreclosure on my house, particularly right before prepare for foreclosure. one me? What is the problem? This fraudulent act completely circumvents the proper laws governing how to document the Chain of Assignment and Ownership. Therefore, who is the REAL “Headline in due time”?

Action 6 – Do you have a Pretend Lender? MERS is usually hidden or NOT listed. Often this is a successor in interest to a mortgage company that is no longer in business or has bought out your mortgage company.

Note: This would be the deed of trust in non-judicial states or deed of security in Georgia (all known as the debt), but also includes the transfer of the Note. Please note that MERS does NOT have the authority to transfer the NOTE.