This is well worth watching. Especially if you live in California – aka “the graveyard for homeowners in foreclosure.”
In an investigative post, MSFraud.org exposed an unknown state Attorneys General settlement with Lender Processing Services (LPS) for $113 million dollars in an El Paso district court.
One would wonder how, for example, the State of Hawaii (who received a pittance compared to the damage to titles LPS has caused) could even begin to agree to a settlement when they have NEVER even bothered to audit its own Hawaii Bureau of Conveyances! Hawaii is a mortgage lien state where the homeowner holds the deed, unlike a Deed of Trust state where the deed is held by a (fishy) beneficiary.
Millions of homeowners never knew that LPS fabricated and falsified documents that could still cloud their titles for years to come – even if they received a modification. The point here is that many states, including Hawaii where land rights are a very precious subject, have turned a blind eye to fraudulent assignments of mortgage or the fact that the mortgage Continue reading
By Shawn Timothy Newman, J.D.
Saint Martin’s University
In common parlance, a mortgage (or Deed of Trust) includes the underlying loan (promissory note) and the security on that loan (mortgage or Deed of Trust). This ignores the fact that the note and mortgage (or DOT) are two separate contracts governed by some different laws and legal principals.
As noted in Powell on Real Property, sec. 37.27  (Michael Allan Wolf ed., LexisNexis Matthew Bender 2010) Continue reading
Finally, the Rule of Law is followed by the brilliant masters of the Washington state Supreme Court system. Yea! This ruling affects over 67 million MERS mortgages – whether in foreclosure or not. As good as it is – there are still more facts that need to be adequately plead and addressed by the Court(s).
The Washington Supreme Court ruled unanimously today in Bain (Kristin), et al. v. Mortg. Elec. Registration Sys., et al., No. 86206-1 defining the statutes to determine that MERS (Mortgage Electronic Registration Systems, Inc. – the mortgage industry’s controversial document-recording system) was not entitled to be a beneficiary in Deed of Trusts and Continue reading