Supporting, Informing & Connecting People in Foreclosure
It would be wise for everyone to research your mortgage and/or deed of trust filed at the County Recorder's office. If I would not have been laid off of work, fallen behind on my mortgage payments, and subsequently forced to file bankruptcy to save my home, I would have never found so much blatant fraud, false and/or forged documents pertaining to the deed of trust. I tried to get a loan modification, and during their jump through hoops process with their paperwork, kept sending in principal payment amounts (which they held in a suspension account) - not knowing that ultimately I would be denied - hence the bankruptcy filing.
Anyway, what I've found at the County Recorder's office is astounding to say the least.
1. Assignment not recorded - CTX Mortgage transferred on 9/1/2001 to Washington Mutual (WAMU)
2. Assignment not recorded - Washington Mutual (WAMU) transferred on 2/1/2002 to CTX Mortgage.
3. Assignment recorded on 3/20/2007 - CTX Mortgage transferred on 3/16/2006 to EMC Mortgage - with the notarized assignment back dated 4/8/2002. I didn't start paying EMC Mortgage Corp. in 2002 - I paid CTX Mortgage from 2/1/2002 until 3/16/2006. Hmmm... The notary had to use an expired notary stamp in order to back date assignment. I'm sending a notary complaint to the State of Texas.
4. Appointment of Substitute Trustee executed on 1/3/2011 - Notary Public: Richard H. Eubanks as Notary Public for the State of Ohio; Tonia Y. McFadden-Williams as Vice President of EMC Mortgage Corporation As Attorney In Fact. This was recorded one day before the sale of my home was to take place. Bankruptcy stopped sale. I have a document with Richard H. Eubanks as Vice President of EMC Mortgage on someone else's home. How many VP's does EMC employ?
5. Assignment of Deed of Trust Executed on 12/22/2010 to be effective on 11/16/2010 EMC Mortgage Corporation, By: Kirsten Bailey - Its: Assistant Secretary (with EMC Mortgage Corporation Corporate SEAL Delaware) --- Notary Public: Misty L. Odom, Ouachita Parish, LA. [Blatant fraud upon us, and the courts, by notarizing a document when you are suspended, and that document filed at the County Recorder's office. This document is false and/or forged.]
I called the State of Louisiana and found out that their notaries have lifetime commissions. However, a very interesting fact came to light during my conversation, and that is Misty L. Odom's commission was suspended during the dates of October 17, 2010 thru January 14, 2011 for failing to file her annual report. The State of Louisiana is sending me a certified copy of her suspension, and showed me the law which states:
RS 35:202 (C) The commission of any notary who fails to timely file his fully completed annual report within sixty days after its due date as provided in Subsection A of this Section shall be automatically suspended, and the notary shall have no authority to exercise any of the duties or functions of a notary public until a current required annual report has been filed, and the notary has paid all accrued fees and late charges for a period not to exceed three years in connection with the suspension of his commission.
My suggestion to everyone is to question everything. Just because we can look up these notaries online, and their commission looks fine at face value, call and do your due diligence with the states where they are commissioned.