SCRUTINIZE THOSE DOCUMENTS CAREFULLY!

SCRUTINIZE THOSE DOCUMENTS CAREFULLY!
Fight Foreclosure Blog

Interesting comment submitted by Laura. We have been saying on these pages that virtually all documents are fabricated, and then submitted in support of an attempt by a pretender lender to pursue a foreclosure sale.

Nothing proves the point better than a document that is notarized without any signature. The further investigation by this homeowner indicating the possibility that the notary was actually signing the documents lends further support to the only reasonable conclusion that is possible to reach. Once you have eliminated all probable explanations and you have narrowed the choices down to one, that explanation, no matter how improbable, is the truth.

We have seen many documents  with the notarization in apparently proper form. In virtually all cases something was wrong. In some cases the notarization showed up on a blank document. In other cases the expiration date on the notarization seal proved that the document was neither signed nor notarized at the time it was alleged to have occurred. In still other cases the notarization was in one state of the union while the person signing (or allegedly signing) the document was in another  state of the union. And of course there are the cases where the notary states that the person signing is known by them to be an officer of a particular entity or corporation (like MERS) when in fact there is no way the notary could possess that knowledge.  And don’t forget the nearly universal practice of using unauthorized people  to sign documents on behalf of companies or entities that either don’t exist or don’t know these people are signing documents in their name.

The moral of the story is don’t trust anything about any document. A so-called original document is probably a fabrication. There are numerous reports which we have received showing that under the magnification of a $20 microscope the dots showed that the document was in fact printed and that the signature was printed along with the document. So when they come into court saying they have the original document don’t be so quick to accept that. Any good color printer can produce what appears to be an original document.

As an expert witness on the stand I have been asked to admit that I was holding an original document. I looked closely at the signature. I looked at the back of the page on which the signature appeared. There were no indentations despite the fact that nearly all pens in use today use some sort of ball point technology, which at some point in the signature would cause indentations on the paper that would be visible on the back of the page. I saw no such indentations and said so. In fact I said that this document looks like a fabrication recently printed and was in all probability not the original. The opposing attorney was not happy. But that is the way it is–I call it the way I see it.

I love this: ” SHOW ME THE TRUST DOCUMENT, SHOW ME THE NOTE, SHOW ME THE ASSIGNMENT, SHOW ME THE INDORSEMENT, SHOW ME THE ACCOUNTING, SHOW ME THE CREDITOR ETC.” It’s my mantra as I research my loan

I am not in foreclosure (yet but likely eventually will be). This is in Colorado.

In 2002, refinanced with Creative Mortgage Funding (now defunct local lender), at closing, servicing assigned and/or loan sold to Ohio Savings Bank, which in 2007 became Amtrust, and in December was closed by the FDIC. FDIC recently “sold” (at 37% of face value) the servicing rights to Residential Credit Solutions, effective August 1st (and FDIC kept a 60% stake in the “consortium of three companies” that “purchased” these loans that will be serviced by Residential Credit)

Looking through copies of my closing documents, found “Assignment of Deed of Trust or Mortgage Deed” – it is NOTARIZED BUT NOT SIGNED.

Didn’t think you could notarize something that isn’t signed!?

Pulled copy of the assignment from Clerk & Recorder’s office. The Deed of Trust and that first Assignment are both recorded, same day, 18 days after closing. The assignment is IDENTICAL to the copy I have, except it is signed. Signature looks an awful lot like the notary’s actually… but it’s signed.

I’m looking at this piece of paper and thinking it is proof of something… proof of improper notarizing… reading Colorado statutes, I think it may be enough to get this first assignment invalidated. Am I thinking this correctly?

There are other oddities and discrepancies, but this one hits me in the gut as The Big One, the one I need to focus on. Suggestions?

FYI: Nothing recorded changing the name on the assignment from Ohio Savings Bank to Amtrust. No other documents of any type recorded on my loan. It’s NOT a MERS loan. It’s not Fannie or Freddie either, I do know it’s “owned by a group of investors” – the FDIC told me that but would not tell me WHO that group of investors is. Will be sending out QWR once Residential Credit Solutions is the (purported) servicer after August 1st.

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