Firm claims 75% of mortgage assignments invalid in Mass. county

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According to an audit performed by mcdonnell property analytics, in the Salem, Mass. Registry of Deeds, 75% of mortgage assignments are "invalid." About 27% of invalid assignments are fraudulent, McDonnell said, while 35% are robo-signed and 10% violate the Massachusetts Mortgage Fraud Statute.

Document Number: Title: 2019-13: Single-Unit Approval Process – Obtaining FHA Case Numbers for Single-Unit Approval Originations: 2019-12: Rescission of mortgagee letters 2019-06, Downpayment Assistance and Operating in a Governmental Capacity; 2019-07, Extension of the Effective Date of Mortgagee Letter 2019-06, Downpayment Assistance and Operating in a Governmental Capacity; and 2019-10.

or mortgage, that transfers legal title in the property as collateral to secure the loan in the event of default. State laws require the lender to record the deed in the county in which the property.

The Appeals Court noted that pursuant to U.S. Bank Natl. Assn. v. Ibanez, 458 Mass. 637, 648 (2011), an entity has the authority to exercise the power of sale in a mortgage if they are the assignee of the mortgage at the time of the notice of sale and the subsequent foreclosure sale, and MERS made such an assignment to Countrywide prior to the.

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Assignments Generally: Lenders, or holders of mortgages or deeds of trust, often assign mortgages or deeds of trust to other lenders, or third parties. When this is done the assignee (person who received the assignment) steps into the place of the original lender or assignor.

A mortgagee, mortgage holder, mortgage servicer, or note holder, who has accepted full payment and satisfaction of the conditions of a mortgage in accordance with a payoff statement issued by such mortgagee, mortgage holder, mortgage servicer or note holder, as the case may be, and who refuses or neglects to provide a duly executed deed of.

Foreclosure in the Aftermath of Securitization. The Land Court entered judgment against U.S. Bank finding that a post-notice and post-foreclosure assignment resulted in an invalid foreclosure.. post-foreclosure mortgage assignments failed the strict adherence standard on two counts.

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Defective Notarization Can Invalidate a Mortgage By Howard Goldman Seemingly small failures in the process of notarizing a mortgage can make enforcement of the terms and conditions of such document difficult.