Category Archives: The Players

Who are the main players in this game?

BANK OF AMERICA ORDERS TRASHOUT OF SHORT SALE HOME AFTER CLOSING

Approximately one week after the new owners closed on the short sale home they purchased through the defaulting Sellers with the approval of BOA, as is required in any short sale, they come home to find a trash-out Crew hired … Continue reading

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Foreclosure Stories, General Advice, Overview, The Players

How We Got Here – The Process of Securitization

 It helps to have some background into how Mortgages used to work (like for the last two hundred years). 1)      A Bank would loan a homeowner money. 2)      The homeowner would sign a  promissory note (note or IOU) promising to … Continue reading

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History - Or how we got here, MERS, The Players

How Mortgages are supposed to be Transferred to a Securitization Trust

There is a growing amount of discussion these days about possible defects in foreclosure proceedings commenced by loan servicers.  A lot of this discussion concerns procedural matters, such as whether the correct steps are being taken to verify the accuracy … Continue reading

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General Advice, History - Or how we got here, MERS, Mortgage Servicers, Overview, The Players

Massachusetts’ demand for Recording Fees and MERS’ Response

Commonwealth of Massachusetts  Southern Essex District Registry of Deeds Shetland Park 45 Congress Street Suite 4100 Salem, Massachusetts 01970  JOHN L. O’BRIEN, JR. Register of Deeds Phone: 978-542-1704 Fax: 978-542-1706 website: www.salemdeeds.com      NEWS FOR IMMEDIATE RELEASE Salem, MA … Continue reading

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Foreclosure Stories, MERS, The Players

Attorney General opens probe into eighth foreclosure firm

State investigators say Ben-Ezra & Katz presented false and misleading documents to judges Diane C. Lade, Sun Sentinel February 23, 2011 The Florida Attorney General has opened an investigation into Ben-Ezra & Katz, a Hollywood law firm that processes thousands … Continue reading

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The Players

MERS takes a hit in New York

In a Bankruptcy case handed down 6 days ago, MERS took a big hit.  Even though the Bankruptcy Court upheld the foreclosure, they said it wouldn’t be business as usual for MERS there anymore. Before anyone jumps for joy about … Continue reading

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Foreclosure Defenses, Foreclosure Stories, MERS, The Players

MERS view of the State of the Law in Georgia

Georgia courts recognize the right of MERS to foreclose, as illustrated by the decision in American Equity Mortgage, Inc. and Mortgage Electronic Registration Systems, Inc. v. Chattahoochee National Bank, # 05-cv-1951 (Forsyth Cty. Sup. Ct., Dec. 29. 2005, J. Dickinson). … Continue reading

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Overview, The Players

WHAT IS A SERVICER?

The servicer is YOUR mortgage company. It is the company that handles the day-to-day tasks associated with managing your loan. Their duties include but are not limited to: Collecting and remitting loan payments Responding to borrower inquiries Making advances when … Continue reading

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MERS, Mortgage Servicers, The Players

Foreclosure Mills

The involvement of private equity firms in the legal industry is not new. But their involvement with foreclosure mills appears to have started about five years ago, just as the housing market was starting to collapse and the number of foreclosure … Continue reading

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History - Or how we got here, The Players

Problems with Foreclosure Notices Loom as Next Flaw in Process

Improperly served foreclosure notices may be the mortgage industry’s next roadblock to repossessing homes. The Florida attorney general’s office is investigating two of the state’s largest companies that serve court summonses on homeowners, while at the same time judges are … Continue reading

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Foreclosure Stories, The Players