Saturday, April 28, 2012

Expert Mortgage Securitization Forensic Audits - Part DUEX

I have spotted a trend with the securitization folks. The last four (4) files in a row contained these same characteristics. Here's what I see while performing Audits on Borrower files I examine.
1. They're all in foreclosure and say their Lender and/or the Servicer is a SOB.
2. Selling//Assigning the Note and Deed of Trust/Mortgage away from the Original Lender downstream to the securitization, seems to be a major hurdle for everybody in the chain.
3. The Loan's Note and other paperwork in the Borrowers file, is sold, sometimes to two or 3 Investor/Buyers before it makes it way to be PLOPED into a Securitization. Most of the time, the Sale/Assignment endorsements are missing - this means the Note is still owned by the Original Lender. Anyone that subsequently bought the loan, may very well have taken custody of the Note BUT its ownership is still with the Original Lender! This ends up being a "Smoking Gun" when later another party attempts a Foreclosure, and most likely causes a 'Bifurcation' situation as well.
4. Next, sometimes 4 or five years after the Securitization's Cut off and Close dates, the last party to hold the Security instrument (Deed of Trust/Mortgage) files/records an Assignment of Deed of Trust/Mortgage into the securitization (but it's too late). They've missed the last date to do that, their recording is Invalid.
5. 'Too Late' means both the Note & Security instrument (Deed of Trust/Mortgage) the Trustee of the particular security can't use to Foreclose, because they have No Standing! They cannot lawfully Foreclose. Yet they plow ahead and try - our Audits help stop that Unlawful process.

In these scenarios the last minute attempts to get the paperwork straight provides the Borrower with a sure-fire way to STOP the Foreclosure.

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