All matters must be proven by the person or entity trying to foreclose on the homeowner. It is not the obligation of the homeowner responsible for the mortgage debt to prove or disprove any of this. The homeowner can challenge the right of the person or entity trying to foreclose and demand proof.
If the foreclosure is allowed to be finalized the homeowner will be responsible for owing the SAME debt repeatedly should someone later turns up with the original note and proves that it is the proper holder of the note, and not the person who foreclosed on the property this would make the homeowner liable.
The majority of mortgages granted over the last three to five years have been packaged into securities and re-sold and re-assigned AGAIN and Again, Over and Over Again. YOU are at jeopardy of Owing the SAME debt repeatedly the foreclosure should not be allowed.
Top Ten Tips for Examining Loan Documents for Mortgage Fraud, Look for the Following:
1. Review the loan originators, servicers and their attorneys forge documents with “squiggle marks” that are not the marks, initials or signatures of the actual officer that is notarized to be the signatory.
2. Do the signature initials or “squiggle marks” differ for the same signatory from document to document?
3. Closely review to see if squiggle marks and full signatures that are diametrically opposed to the known signature of the signatory.
4. Search for pre-stamped assignments and notary signatures on assignments, affidavits and proof of claims.
5. Look closely to find back-dating of dates on assignments and signatures of officers dating years after either a company is no longer in business or the officers are no longer with the company.
6. Check for forgery of forbearance agreements and modification agreements.
7. Review public records to see if missing intervening assignments should exist (See your mortgage interest statements1098 that will tell you if missing intervening mortgage assignments should have been recorded). Additionally, search for multiple assignments of the same instrument filed in the public records which will reveal a direct result of multi-pledging and the use of the same collateral, the mortgage loan, to pool into securities or pledge for other financing and should be viewed as an overt act of fraud when encountered.
8. Research for the discovery of pre-dated, backdated and fraudulent assignments of mortgages or endorsements either completely filled in or left blank to be filled in before or after the fact to support the future allegations of a foreclosing party. These fraudulent assignments are typically discovered when MERS acts on the servicers behalf. Often used to conceal and cover up known frauds and the abuses done by originators, prior servicers and are intentional to conceal the true chain of ownership of a homeowner’s loan.
9. Hard to find escrow instructions or settlement statements to locate the assignment of the mortgage. Will also have multiple or missing assignments coupled with an inability to produce escrow and settlement statements. This demonstrates a deliberate concealment of the ownership of the homeowner’s mortgage debt obligation and the actual lender to whom the borrower is indebted.
10. Is the foreclosing party in possession of the original note demonstrating the proper chain of title and legal right to foreclose? If not this is evidence of fraud often including a missing assignment or multiple assignments not revealed.