Comments on: The Sidebar | What is an Assignment of Mortgage

By: Carlos Mar

Carlos Mar — Sat, 11 Jun 2011 06:56:33 +0000

Please feel free to email me at:

I need information on a MR. SCOTT SCHEINER who has been signing assignments of mortgages and other real estate documents on behalf of mortgage electronics systems MERS, Mortgage, JP Morgan and CitiMortgage.
Plus many other doc’s, I believe he is somewhere in Missouri.

If you have any documents with his signature, please I beg you all to send them to me.

Thank a million.

By: Maria LosFelix

Maria LosFelix — Sat, 11 Jun 2011 06:48:49 +0000

Please, I need your help in locating

SCOTT SCHEINER Alledged robo signer for MERs, CitiBank, CItimortgage and others…………

scott scheiner anybody????? Please help me with exhibits, Mtg’s assignments and others…………

SCOTT SCHEINER MERS, CITI MORTGAGE

By: Mary

Mary — Thu, 28 Oct 2010 17:21:42 +0000

Dear Laura from (7/27):
You have just written my letter! I was offered a 6 month “forebearance program” by “Amtrust” in October 2009 right before they folded to the FDIC in Dec 2009. When my forebearance period was up they (FDIC) would not take my regular payment, for May, June or July, which in my mind for the first time put m 90 days deliquent. I was also told to wait for the “transfer”. in August. They never said to whom. I then called RCS and was told again not to make payments while conducting a “loan modification” because the money owed could be added tothe loan amount, reduced or forgiven all together. Who wouldn’t wait. Plus, I went on line and the HAMP Program seemed to be the answer for the long run and federally Funded, I think or thought. In Septembe,r we were also denied and they suggested a short sale in lieu of foreclosure. We had never been behind and was told that the “forebearance” period was just being extended to us “to just help us get back on our feet during a difficult time”. Now we are most likely going to lose our home and probably have a serious “deficiency judgement” filed for the portion we are unable to pay with a sale and have 1099-MISC income to declare on nextyears tax return to boot.

I did get in touch with my local House of Representative early July, who has turn forwarded my disertations to the Banking Commission because Amtrust was not State Regulated, they couldn’t do anything on the state level. I have also been told AMTRUST was a Fannie Mae or Freddie Mac service providers, they are an independent/private investors that can do pretty much whatever they want to.

What is the next step? Did yo have a title search on your property to verify the assigments, or lack of assignments? Who can get a job when you need 4-5 hours a day to save your home from a “third party consortium of opportunists” stated in an article by Carrie Bay on July 21, 2010

My next objectiv was somehow to go National, but time and money!

By: Greg Galvin

Greg Galvin — Thu, 12 Aug 2010 19:01:22 +0000

Well, I did a title search and there was nothing recorded in my County after the original refi in 2006, even though the loan was sold twice since then. The original deed states MERS as beneficiary. Calif is not a judicial state when it comes to foreclosures. Two attorneys have told me that I don’t have much recourse for getting into a court, either before or after the foreclosure has been filed. Whether there is a separated note and deed and the deed can be voided, or whether the note even exists is moot, unless it gets in front of a judge. That seems to be rare in CA. Any thoughts? Thanks!

By: cynthia

cynthia — Thu, 12 Aug 2010 02:03:42 +0000

Your Secretary of State Office, where anyone doing business in one state but have corp office in another has to have license to do business in the state of business. The QWR would get sent to the lender..(Google)….Sounds like your done with the second.

By: Mike

Mike — Thu, 12 Aug 2010 00:08:58 +0000

cynthia,
I will look into that, thank you. Who do I send the QWR to? I’m not sure who the registered agent in my state is, where can I find this information? I did receive the notice of default judgement for the foreclosure on the first. No sale date has been set, partially because we have a short sale offer. I will have to see if the second has a right to their lein. I do know it has not been released as of this past Monday.

By: cynthia

cynthia — Wed, 11 Aug 2010 21:29:04 +0000

It seems to me if it was charged off, the account with them is done. They actually lack standing to have a position. look into the foreclosure codes/statutes for your state usually(I could be wrong) if the first has started foreclosure the second goes away… I would do a qualified written request as well and make sure it goes to the registered agent for the company in your state.

By: Mike

Mike — Wed, 11 Aug 2010 19:50:59 +0000

I am going through a foreclosure due to losing job after 16 years of employment. 1st mortgage with HSBC, they have been given the judgement to proceed with the sherrif sale. BUT HSBC is working with me on a short sale, they did approve a sale we had, but lost buyer because second would not go for it. We do have another offer in to HSBC, should be approved it was a little higher than the already approved offer. Problem: 2nd mortgage started with Irwin Union Equity corp. now out of business. Records show Irwin Union/MERS. The servicer or mortgage company has changed 4 times. Irwin-homecoming-GMAC-Green Tree Servicing, none of the assignments were ever recorded except for the original. GMAC transferred this to Green Tree in May 2010, while I was delinquent. In June Green Tree charged off the loan. We presented them with the short sale offer and the approval from HSBC, we were lied to and jerked around. I was told by a lady named Leann that she wouldn’t give me the other 5pcs of paper work that were mysteriously now missing unless I woulld give them at least $11000.00 for release only on 57k. I have sent them a VOD letter, I don’t think they have all the paper work to hold this up. Any suggestions on getting them to negotiate and let this go through. I will probably have to see what the response is to my VOD letter. Now the house is going to be up for a tax sale in October. We can’t get them to even give us a call back on the new offer. Any suggestions or help would be greatly appreciated.

By: cynthia

cynthia — Wed, 11 Aug 2010 19:47:49 +0000

Greg..A Missouri appellate court, has given us a new tool in Bellistri v Ocwen get Pacer and get yourself knowledgeable about YOUR paperwork, there are so many attorneys that don’t know the nature of this fraud.
Get a Black’s law dictionary and your deed of trust or mortgage depending on the the state you live and get familiar with every word in that document (seek and you shall find)… read over this entire post from the beginning as well.

By: Florida Attorney General Announces Investigation Of Law Firms Handling Foreclosures

Wed, 11 Aug 2010 17:39:26 +0000

[...] The Sidebar | What is an Assignment of Mortgage What is an Assignment of Mortgage and Why Is It Important In a Foreclosure Action? UPDATE: If you are new to this article be sure to read and scroll all the way down. The meat of this article is in the tremendous information profided in the comments by mortgage professionals and … [...]

By: Greg

Greg — Wed, 11 Aug 2010 14:02:45 +0000

Hi Barry et al. I just got an attorney that is part of an employer benefit package, so hardly costing me anything. But that being the case the office is a bit slow on working on my issues. I still want to be informed as possible on the sequence of events though. How to pursue voiding title. What that causes. How do I request the lender to produce the note if I have not been officially foreclosed on. Although they have sent me a letter denying my 9 months of loan mod struggles, and offering their assistance in my foreclosure. There does not seem to be a large number of real estate savvy law offices out there.

By: Barry Cunningham

Barry Cunningham — Wed, 11 Aug 2010 05:30:38 +0000

Hi Michael..are you paying this guy? And if so, you need to find another attorney. If you feel comfortable, please tell us more about your situation.

By: Michael

Michael — Wed, 11 Aug 2010 04:25:19 +0000

Help, I’m in Pa and am going against Ocwen. I have an attorney that is not calling me back and has trained his paralegal to “counsel” me by saying it will be tooo costly to fight Ocwen and that I should do what they say. Help needed in Pa.

By: Greg

Greg — Thu, 05 Aug 2010 16:01:49 +0000

Hi Barry. Yes there is a plethora of info and blogs online. What a marvel. There are tons of people being foreclosed on and losing their homes due to unethical behavior and lack of buyer knowledge. Then there are those who are fighting and winning. I won’t go down without a fight, I just need the right ammo and a good attorney!

By: Barry Cunningham

Barry Cunningham — Wed, 04 Aug 2010 23:58:00 +0000

Hi Greg…thanks for stopping by and thanks for your comment. I’m going to let John respond and hopefully he’ll get back to you shortly. If not I will email him. You are finding out how far the wormhole actually goes unfortunately.

By: Greg

Greg — Wed, 04 Aug 2010 23:26:26 +0000

Wow there is a lot of stuff going on here. I found this link while searching for info on what happens when a deed of trust is voidable. I too am fighting with my servicer to get my loan modified and they have blown me off for 9 months for numerous lame reasons. I found some info about MERS and the CALIF tax and revenue code. Apparently if MERS is named as the beneficiary then the deed can be voided. That is the case with my deed. So, how do I pursue getting it voided and then what happens after it is voided? Should I void it? How can I do a title search on my own and find out where the original note is?
Greg

By: Laura

Laura — Tue, 27 Jul 2010 17:23:54 +0000

Trying my best to make a long story as short as possible. This is in Colorado.

Bought house in 1999. Refinanced in 2002, for $81,000 with mortgage broker company called Creative Mortgage Funding who assigned note, apparently before closing/settlement, to Ohio Savings which later on changed its name to Amtrust. Amtrust was shut down by the FDIC in December, 2009. The FDIC has sold the servicing of my (now non-performing) loan to Residential Credit Solutions (for 37% of face value!) effective August 1st, 2010.

Checked records in the public trustees office. There are NO assignments recorded. Far as the public trustee is concerned, the note is still with Creative Mortgage.

Copies provided to me at closing include a copy of the first assignment from Creative Mortgage to Amtrust (then called Ohio Savings) which is Notarized, but NOT SIGNED.

I’m very behind on my mortgage, made only partial payments from December 2008 through February 2010, and no payments at all since February 2010. Thanks to the numerous machinations of Amtrust throughout the last two years, I now owe more ($88k) than I originally borrowed in 2002 ($81k)… much less what the house is worth (approx $55k). Have gone through nightmares of being jerked around attempting to modify the loan all throughout 2009… attempted to modify with the FDIC but got jerked around on that due to a miscoding of the status of my loan … now being advised by FDIC to wait till Residential Credit Services takes over servicing and pursue modification with them.

Gah. Screw that. Anyways…. I question whether or not anything has proceeded properly for years. If the original assignment was never recorded, nor any subsequent assignments recorded, how can Residential Credit Solutions have any legal right to collect any payments from me, much less (eventually) foreclose on me? Residential Credit Solutions is the servicer… but who actually owns my loan now? Is it owned by the FDIC, who’s been acting as the “Receiver” since they shut down Amtrust back in December?

Cause foreclosure is pretty much guaranteed. There is zero way for me to pay the arrears, much less current payments. Job situation has deteriorated to the point where even if I got lucky and the new servicer didn’t jerk me around for a modification, I can’t qualify for one anymore – during the last runaround with modification attempts before the FDIC closed down Amtrust, they said my then-$1220 a month in income wasn’t enough … now income is down to around $600 a month. (Yes, I’m continuously looking for work)

I’m thinking of making a proactive move. I’m thinking that shortly after the assignment to Residential Credit Solutions goes into effect in August, of sending in a Qualified Written Request asking for copies of ALL original documents and ALL assignments. (I’ve no doubt most if not all won’t be able to be produced.) Wondering if they fail to respond, or provide requested documents, to pursue quiet title. Sue them in court to prove validity of debt, be the one doing the suing, put them in position as defendant. But honestly don’t know if this is even worth my time… maybe I should just wait till they actually file the foreclosure? Which will happen, eventually.

Not afraid of proceeding pro se, since I can’t afford a lawyer and frankly, I’ve got nothing to lose but time and effort

Suggestions, advice, direction to good sources of info, whatever assistance is much much welcomed…

By: elkate

elkate — Sun, 20 Jun 2010 15:01:40 +0000

Have not posted here in quite awhile. To Stevie Rocker and point #2 – yes, this is what is being done. After write-offs, collection rights to loans are sold to distressed debt buyers/Hedge Funds at steep discounts. Thus, a windfall profit is realized when property is foreclosed.

Servicer continues to service for the distressed debt buyer/Hedge Fund – but you are never told this. Servicers, trustees, and trusts are not the creditor – they cannot “account” for recovery on anything because they have no accounting balance sheet to do so.

Accounting is the key.

You want to sign up for “some of this” – invest in a Hedge Fund that participates in these egregious investments. But, Hedge Funds usually require a high minimum denomination – this is only for the wealthy. They do not want to legitimately modify the loans. A valid modification would require disclosure that they are the creditor – and in order to be really valid, would require a principal reduction. Greed lives on.

By: stevie rocker

stevie rocker — Sun, 20 Jun 2010 05:49:32 +0000

1) – to Mary LeDoux: check your state recording statutes. In Nevada, for instance
NRS 111.315 says that an instrument affecting an interest in property – and this would include an assignment of a deed of trust – when not recorded is only binding on the parties thereto. No notice – not binding.
2) Is someone saying here that default swaps are done, loans are written off, and then bogusly assigned to another entity for garnering the collateral? I must
misunderstand, although it would not surprise me to learn that company A takes a tax write off and then company B gets the property, anyway. Where can I sign up for some of this?

By: John

John — Sun, 13 Jun 2010 11:03:16 +0000

Hi Kathryn,

I would have to look at your documents but I would suggest based upon your comments that you need to be a Plaintiff in a complaint and list all the players as defendants asking the court to grant you and injunction which includes the making of any payments and stopping any and all credit reporting to your credit.

Get into discovery and find out who are all the players and start bringing them down one by one.

Forensic Mortgage Audits and Foreclosure Defense
oliver@ipa.net
john