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

4. Notary acknowledgment:
• Was the notary acknowledgement added in the same state as the signature of the assignee? Were both the assignee and the notary in the same place at the time of the signing? Both assignee and notary must be in the same room at the same time.
• Is the date of the notary seal the same date as the signature of the assignee. The dates must be the same. You may have to find out the answers to these questions through the discovery process.

5. Who assigned the Note? Does that person have the authority from the true owner of the note to assign the note?

6. Is the company or bank that files the complaint or assigns the mortgage or note now out of business or in bankruptcy? How can a company or bank assign something if they are out of business or in bankruptcy?

7. Is the Assignment from the Originator (lender) directly to the Servicer? The assignment must be from A to B to C to D and not from A to D? There are four steps in every mortgage securitization matter and the bank never properly followed all four steps.

8. Is the Endorsement on a separate page while there is still space below the Note? Most jurisdictions require the endorsement to be on the note if there is room for the endorsement.

9. If the plaintiff is claiming a lost note then is there a lost note affidavit? The person or entity who lost the note must have owned and held the note at the time that the note was lost. You cannot just say the note is lost because do not want to bring the note to court. The plaintiff must have lost the note if they make that claim.

10. Is there a claim by the plaintiff that something was ‘Affixed’ to the note? If so check the note for staple marks. No staple marks means nothing was affixed.