Saturday, March 31, 2012

My Securitization Audits - What's Happening

Tell me if you can imagine this, frankly I cannot (the names have been withheld to protect the innocent). Big Bank makes mortgage loan, subsequently sells it to another (sale/assignment endorsement stamp in Blank [means no name of Buyer on the endorsement] and Bank Exec signature appears, on this copy of the face/front of Borrower executed Note's copy which I saw). Later, Big Bank records 'Mortgage Assignment' to a different party (to another, Bank #2). This Bank #2 institutes Foreclosure process and schedules Public Sale (let's remember they do not have the Original 'wet-ink' Note). Then I get the file to Audit and see these things.

Did Big Bank actually sell that Note/Loan (without an Assignment/Endorsement) and forgot to also assign/record the Mortgage to that same Buyer? Did they sell it without a 'Mortgage Assignment' and that Note/Loan Buyer went out of business before they could discover they didn't get the Mortgage along with their purchase? We could ask Big Bank, but they have also gone out of business as well.

Today, Bank #2 is moving on what they think/hope is their asset - here's my situation. WHERE is the Original Note because it is unlawful to foreclose without one (BIFORCATION: In Carpenter v. Longman 16 Walls. 271, 83 U.S. 271, 274, 21 Led. 313 (1872), the United States Supreme Court stated, “The note and mortgage are inseparable; the former as essential, the latter as an incident. An assignment of the note carries the mortgage with it, while assignment of the latter alone is a nullity.”), if all you have is a Mortgage (or Trust Deed).

When was that endorsement stamp added to Original Note, or is it merely on a "copy" of the Note, because the foreclosing party (Bank #2) realized they didn't have an 'endorsed' Note, so they added it to a copy when nobody was looking? Far fetched? Nope, not from all I have seen lately.

WhatDoYouThink? After my Audit get's into the hands of the Borrower's attorney, he'll now know what sort of loaded questions he needs to ask the Foreclosing Bank (#2) like - do you really have standing to foreclose in the first place - in advance of his client losing their home.

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