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Plaintiff Records a NEW mortgage assignment (what are they up to?)

In doing my regular period records search of my county's records for further shenanigans on my mortgage (we are currently in limbo, after two voluntary dismissals by Bank of America), I did, in fact, turn up a recent mortgage Assignment, from MERS to US Bank (our securitized trust and Plaintiff in both of our actions). And the signature is one of a known new BofA robo-signer, Miguel Romero.

On August 3rd of this year, we appeared in court to fight BofA's motion for summary judgment, and they suddenly withdrew, without explanation. Now I see where this new mortgage assignment is dated 9/20/2011.

I already caught them recording a back-dated a prior mortgage assignment, from MERS to US Bank, back in Feb of 2010 but back-dating it to Dec. 1, 2009 (we were served Lis Pendens on 12/31/2009). So correct me if I'm wrong, but how can my mortgage have been assigned from MERS to US Bank TWICE, a year and a half apart?

Both of these assignments have been officially recorded with my county's property records.

I fully expected BofA to try to "get their paperwork in order" and come back after me (and my intent is to fight them with a "two voluntary dismissals equals adjudication on the merits" defense), but I thought it would be in the form of simply filing a new Lis Pendens now, and using the existing assignment dated Feb 2009, since that would now be a "good" date and no need for back-dating. Why would they both to try to execute ANOTHER mortgage assignment to the Trust, thus opening themselves up to us showing two attempted assignments of the same instrument???

PaulR

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Permalink Reply by 2 Pirates over 40 on November 11, 2011 at 9:13am

PaulR,

Because sometimes in the world of banking and lawyers, the left hand doesn't know what the right hand is doing or has already done.........

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Permalink Reply by PaulR on November 11, 2011 at 9:22am

Could this hurt their case in any way? Or are all of these mortgage assignments pretty worthless anyway, since "the mortgage follows the note"??

I now have:

an officially recorded mortgage assignment from 09/2011, from MERS to US Bank as trustee
an officially recorded mortgage assignment from 02/2010 (executed in Feb, but not recorded until October of '10), from MERS to US Bank as trustee, back-dated to Dec. 09
a letter from a guy in Bank of America's "Office of the CEO," in answer to my allegation that they backdated the one mortgage assignment, denying it and stating that my mortgage was properly assigned to US Bank in 2006

PaulR

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Permalink Reply by enrique on November 12, 2011 at 5:46pm

Check Bank of New York v. Silverberg-NY Appell. Ct.,, MERS is not a party of interest, assignment is invalid, very probably Note separated from DOT/mtge.

Carpenter v. Logan,, Note is the main thing, mtge. should follow it, shouldn't be separated.

Do a Quiet Title Action

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Permalink Reply by Irene Keane on November 12, 2011 at 11:46pm

well MERS is becoming QUITE a headache for these frauds......just a note of warning to pass along... make sure you don't put too much info out there as the snakes read these boards as well....wouldn't want them "seeing your hand" Good Luck am from MA fortunately for us.. don't really know how to address other states... but MERS is in Supreme Judicial Court here on a landmark case THAT hopefully will help everyone down the line!!

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Permalink Reply by enrique on November 13, 2011 at 2:29am

That's right Irene,you must be talking about Ibanez V. US Bank N.A.

Besides, the Supreme Court of both NY and Kansas haver ruled that "Banks have been paid in full, and have no rights or further legal interest in the debt". Only the securities stockowners and bond holders have an interest, but they have no standing in court to sue, because they were not one of the original signatories to the agreement.

They cannot satisfy the basic requirement of contract law, that a plaintiff suing on a written contract must produce a signed contract proving he is entitled to relief, so they have a lack of standing in the lawsuit. Landmark Nat. Bk. V. Kesler 2009 Kan, Lexis 834

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Permalink Reply by Irene Keane on November 13, 2011 at 2:37am

actually enrique am talking about Eaton vs BankUnited heard on 10/03/11 woman appealing and she has all the key players in her court.... I tried to post it but am not very good at it.....read the brief from Marie McConnell I posted as a blog...skip to end for summary ... sorry text is small and it is 47 pages...that is just one of the briefs filed :)

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Permalink Reply by PaulR on November 13, 2011 at 8:01am

Enrique, while I agree that the situation you describe is problematic for the banks to show proper standing, it's certainly still doable. If it weren't, no trusts would ever successfully foreclose on homeowners, and yet it's happening every day. And I'm not just talking about the 95% of cases where the homeowner doesn't fight it -- even contested cases.

Paul

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Permalink Reply by L on November 13, 2011 at 3:22pm

Because the financial services industry is making it all up as they go along as the coverup for securitization fail. I have found mortgages with up to four nonsensical robosigned assignments.

Here's one such example: http://4closurefraud.org/2010/09/01/too-bad-this-isnt-baseball-coul...

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Permalink Reply by I Enjoy No Debt on February 9, 2012 at 11:51am

They are probably scamming you and don't have the right to transfer anything

I would definitely get someone to determine whether the bank has a right to your house and payment. I got a free mortgage audit from www.inspectoraudit.com These guys are awesome! I have not found anyone that will get this information for FREE to you, it helped me stop a foreclosure a few days before the sale. I am not usually a person to recommend someone, but I think in this case these people helped me and may help someone else who is in trouble when the bank is trying to steal their house. They will give you a FREE AUDIT!!!

When I got my mortgage audit back, I was STUNNED to find out that my Note had been sold into some kind of investment pool, and the bank did not have the right to continue to collect on me, much less foreclose on me. From what I understand that selling the notes into these pools is very complicated and I don't really understand it completely, except that the Note is no longer a Note, the bank cant claim it anymore as a Note, and the bank has already been paid for your mortage!. They try and steal your house after they have been paid for it!! I was upset when the bank started the foreclosure on me, now I am really upset for a different reason, because they are committing fraud on me.

MY FORECLOSURE HAS BEEN STOPPED DEAD IN ITS TRACKS!! The bank was committing fraud on me and trying to take my house and they cant now, I have a lawyer that is using the the audit I got from inspectoraudit.com and he is turning the tables on the bank. I love it and I feel so empowered now! Being on the offensive is much better than being on the defensive. Good Luck with everything