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Garret Bender and his wife Gina started a court battle more than a year ago against SunTrust Mortgage, which wanted to foreclose on their Delray Beach house to recoup a $4 million mortgage.

The Benders asked the 4th District Court of Appeal to intervene last week after they came across what many foreclosure defense attorneys call growing and serious problems in South Florida courts — plaintiff substitutions and the increasing use of confidentiality in foreclosures against a backdrop of the muddled world of securitized mortgages.

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  • posted by Sam Sabella | Sunday, 03 July 2011 16:05

    A servicer is not selling anything to a new servicer. FHMLC has (1) retained a new servicer through a Servicing and Pooling Agreement ("PSA"), (2) The existing PSA was assigned by the current to the new servicer, or (3) the servicer was acquired/merged with the new servicer's entity. One more, keep in mind, a Power of Attorney giving the servicer authorization, more or less, was probably signed by the lender.

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  • posted by david w. johnson | Tuesday, 08 February 2011 12:45

    I believe that a hard look needs to be taken at the usage of a 'assignment of mortgage', a case in point is my own mortgage loan.

    History of my convential mortgage loan with FHA insurance:
    A. Originator Sterling Bank & Trust (SBT), Michigan chartered bank,
    B. SBT sold mortgage/note to FHMLC within several days of closing,
    C. Assignment of Mortgage recorded at county from SBT to FHMLC. At this point everything is up and up,
    D. Several years later we re-financed through SBT, now federally chartered,
    E. Original mortgage/note sent back to us stamped Paid In Full, on back of last page it had been stamped; "Pay to the Order of ...." with blank line filled in with FHMLC, dated and signed by VP of SBT,

    Over the course of 15 plus years:

    F. Got letter saying SBT no longer servicing loan, got letter saying MCA Mortgage now servicer,
    G. Got letter saying MCA no longer servicing loan, got letter saying Household Finance (HF) now servicer,
    H. Got letter saying HF no longer servicer, got letter saying Fleet Mortgage (FM) now servicer,

    We challenged mortgage fraud, stopped making payments, this started non-judicial foreclosure. Remember house is in Michigan. Got letter from debt collection firm, First American Loss Mitigation Services (still in business) stating that FHMLC was the owner/holder of the mortgage/note. We figured best to pay up late fees, etc.

    I. Got letter saying FM no longer servicer, got letter saying WAMU now servicer,
    J. Got letter saying WAMU no longer servicer, got letter saying Wells Fargo (WF) now servicer

    Last week I went to Oakland County Register of Deeds and got copies of ALL 'Assignment of Mortgage' that had been filed.

    In each and every instance on the re-financed mortgage where there was a change of servicer the last previous servicer conveyed title, interest, bla bla bla to the new servicer.

    This is interesting since the mortgage/note is hold/owned by FHMLC which I confirmed this Monday as is still the case.

    So, the question is thus: How can a servicer sell a mortgage/note to a new servicer when the true holder/owner of the mortgage/note is and has always been FHMLC?

    Remember an 'Assignment of Mortgage' puts a lien on the property and 'clouds the title'.

    Any input from anyone on this?

    David

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