TEN WAYS TO SPOT BANK FRAUD:

FRAUDULENT ASSIGNMENT OF THE NOTE OR MORTGAGE:

See The Do It Yourself Foreclosure Defense Manual for more detailed information

In a securitized mortgage matter the bank must prove to the judge that it owns and holds the Note and Mortgage and that it owned and held the Note and Mortgage at the time it filed the foreclosure. Check the assignment in your matter for the following errors and problems:

1. Is the date of the assignee signature after the date of the filing of the foreclosure? The assignment must be executed before the bank filed the foreclosure.

2. Is the effective date of the assignment different from the date of execution? The bank cannot generally take an effective assignment under the terms of their own Pooling and Servicing Agreement.

3. Is the assignor signing as Attorney in Fact? Who says that person is the attorney in fact for the Owner of the Note? Make them prove it. The assignor probably works for the bank’s lawyers and not for the owner of the note and mortgage

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BUY THE FORECLOSURE DEFENSE MANUAL

Contains Every Letter, Pleading, Discovery Form, Motion To Dismiss, Answer And Counterclaim That You Will Ever Need To Prevent, Stop Or Postpone A Foreclosure On Your Home.

Letter from the author:

If you're reading this there is a high chance either you, or someone close to you, is experiencing foreclosure. The first and foremost rule you need to follow above all else is don't panic. We make foolish decisions when our emotions get the best of us. It is critical that you begin making the right decisions - if you are going to have any hope of keeping your home.

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