Thursday, June 24, 2010

Discrepancies in Recorded Assignments

I cannot emphasis enough the importance of obtaining copies of your registered paperwork from the deeds office at your local court house. You need to get copies of the paperwork that is the foundation of your loan/mortgage. If your loans are anything like mine, Saxon is the one consistent factor in your loan. You may have had them for some time or they may have acquired you one day. Either way, please read carefully.  SAXON MORTGAGE is NOT your investor.  They are nothing more than the servicer - or debt collector.  They process the payments and do the secretarial duties associated with your loan.

You want to get copies of all registered documents associated with your loan;  the deed or note, the mortgage, and any assignments of mortgage. These may be available through an online portal for your recorders office. Once you have those copies... study them.  Check the dates and outline those discrepancies.
  • Home purchased 09/26/05
  • Original Mortgage recorded on 12/07/05 to Mortgagee: Home 123 (a division of New Century Mortgage, which filed Chapter 11 bankruptcy on April 2, 2007.)
    • How could they assign my mortgage to Deutsche Bank  on 9/28/2007 if they filed bankruptcy in April?
  • Assignment of Mortgage #1: recorded on 10/10/07 (contains exhibit A dated 9/28/2007)
  • From Home 123 to Deutsche Bank Trust Company Americas, as trustee and custodian for HSBC Bank USA, NA ACE 2006-NC1 
    • (2006 shows the year of the trust. The cut off date for the said trust was January 1, 2006)
    • How is this assignment being recorded as part of the 2006 trust a full 9 months after the cut off date?
  • This Assignment of Mortgage also contains a date error:
    • States recorded in our local recorder of deeds office on 10/03/2005.  As stated above, original mortgage wasn't recorded until 12/07/05.
  • Assignment of Mortgage #2: recorded on 3/11/2009 (notarized on 3/5/2009)
    • Vista Land Transfer and Urden Law offices both have the same address.
  • This assignment of mortgage transfers the mortgage from Deutsche Bank Trust company to HSBC Bank USA, National Association, as trustee for ACE Securities Corp. Home Equity Loan Trust, series 2006-NC1.
    • Isn't this the same trust it was originally in? It never moved. But the question does remain as to whether the original inclusion in that trust was legal given it wasn't noted to be a part of that trust until a full 9 months after it was closed. The only thing that this assignment did was to remove Deutsche Bank as the trustee and custodian. HSBC Bank USA was always an interested party because they are the trustee for the said trust.
  • My actual foreclosure papers that were delivered to my door, name Deutsche bank as the suing party. This document was dated 3/3/2009.  So, If I understand this correctly, 1) 6 days after they served me with foreclosure papers, they assigned my mortgage to HSBC Bank USA and thus were no longer the "party of interest" 2) they attempted to sue me for my home BEFORE they were the party of interest.
  • Rick Wilkin and Bethany Hood, both stated they were Assistant VP's of Saxon Mortgage company -they, in fact work for LPS Default Solutions, Inc. 
  • Deborah Maddox, the individual who prepared the #2 assignment is an employee of Urden Law offices.
  • Elsa McKinnon is an employee of Nationwide Title Clearing and not the Vice President of Home 123, as stated in the first mortgage assignment.
As you can see from my little summary... You need to really look at things carefully. Double check the dates and if you don't understand what you're looking at, then find someone who can explain it to you. My "legal" papers are full of nothing but LIES and  MISREPRESENTATIONS.

(Thanks Mike Dillon from If I'm missing something or someone can shed additional light on this twisted bunch of slithering snakes, then by all means drop me a line.