In this appeal, the borrower contends the trial court erred by sustaining defendants’ demurrer as to all of his causes of action attacking the nonjudicial foreclosure.
“We conclude that, although the borrower’s allegations are somewhat confusing and may contain contradictions, he nonetheless has stated a wrongful foreclosure claim under the lenient standards applied to demurrers. We conclude that a borrower may challenge the securitized trust’s chain of ownership by alleging the attempts to transfer the deed of trust to the securitized trust (which was formed under New York law) occurred after the trust’s closing date.”
Transfers that violate the terms of the trust instrument are void under New York trust law, and borrowers have standing to challenge void assignments of their loans even though they are not a party to, or a third party beneficiary of, the assignment agreement. You can read the entire case by clicking here.
It’s axiomatic that in order to bring forth legal action, the plaintiff must have legal standing. Only the mortgagee has such standing. Thus variable problems like false or faulty affidavits, as well as back dated mortgage assignments, and altered or wholly counterfeited notes, mortgages, and assignments all relates to the evidentiary need to prove standing. And the Pretender Lender trying to foreclose on your property does not have standing.
The Supreme Court in Carpenter v. Longan stated that “the note and mortgage are inseparable…the assignment of the note carries the mortgage with it, while the assignment of the latter alone is a nullity”. This is where we get the saying “the mortgage follows the note”. Except for the 70 million mortgages that were put into MERS. In those cases the mortgages did NOT follow the notes, and therefore according to Carpenter v. Longan those assignments are a nullity (without legal validity)!
I cannot decide for you the moral obligations you should pursue; but if a wrong has been committed against you (such as a clouded title or a fraud resulting from a mortgage loan) you have the duty as an American property owner to correct it. Filing a lawsuit (in my book) reflects one’s personal responsibility.
Mortgage Trusts Struggle with Foreclosures as Ownership of Mortgages Remains Uncertain: How FRAUD STOPPERS COTA Can Help Borrowers Win Quiet Title
In a surprising turn of events, trusts attempting to foreclose on loans are encountering significant obstacles in proving their ownership of the underlying mortgages. This predicament arises from defendants' failure to properly transfer title to the mortgages during the closing of the offerings. As a result, trusts find themselves unable to establish their legal standing to initiate foreclosure proceedings. Moreover, investors who believed they purchased mortgage-backed securities are now discovering that they actually acquired non-mortgage-backed securities. In light of these revelations, borrowers facing foreclosure can find assistance in FRAUD STOPPERS Chain of Title Analysis (COTA) to potentially secure quiet title.
The Ownership Quagmire
One of the primary issues undermining trust's foreclosure actions is the inability to demonstrate clear ownership of the mortgages. When mortgages were bundled and sold to investors, proper documentation of the transfer of ownership was often neglected or mishandled. As a consequence, the chain of title, which traces the ownership history of the mortgage from its inception, becomes fragmented and uncertain.
Without a complete and unbroken chain of title, trusts lack the necessary legal standing to foreclose on the properties. To initiate foreclosure proceedings, they must establish that they are the rightful owners of the mortgage and have the authority to enforce the associated rights and remedies. However, without proper documentation, trusts find it challenging to meet this burden of proof, leaving them in a precarious position.
Adding to the complexity of the situation, investors who purchased what they believed to be mortgage-backed securities are now discovering that the securities they hold are not backed by mortgages as originally assumed. This revelation is causing widespread concern among investors who were led to believe they were investing in assets tied to real estate.
The lack of mortgage backing raises questions about the validity and value of these securities. Investors who relied on the purported security provided by mortgages may find themselves facing substantial losses. The revelation that the securities they hold do not have the expected collateral support highlights the need for a thorough investigation into the chain of title and underlying mortgage documentation.
FRAUD STOPPERS Chain of Title Analysis (COTA) to the Rescue
Amidst the chaos surrounding uncertain mortgage ownership and the resulting foreclosure challenges, borrowers facing potential foreclosure can turn to FRAUD STOPPERS Chain of Title Analysis (COTA) for assistance. COTA is a comprehensive and meticulous examination of the chain of title associated with a mortgage, aimed at identifying any irregularities or defects that may render the mortgage unenforceable.
By conducting a COTA, borrowers can potentially uncover critical flaws in the chain of title, such as improper transfers, missing or forged documents, or violations of securitization guidelines. These findings can provide strong legal grounds for borrowers to challenge the validity of the mortgage and seek relief through quiet title actions. Quiet title actions aim to establish the borrower's clear and unencumbered ownership of the property, thereby eliminating any competing claims or interests.
Through a COTA, borrowers can work with legal professionals specializing in mortgage fraud and foreclosure defense to build a robust case challenging the trust's ownership and right to foreclose. Armed with evidence of defective title transfers, borrowers can contest the trust's legal standing, casting doubt on their ability to proceed with foreclosure actions.
The ongoing struggles faced by trusts attempting to foreclose on loans due to the inability to prove ownership of the underlying mortgages have exposed the vulnerabilities in the mortgage-backed securities market. Investors who thought they had acquired mortgage-backed securities are now grappling with the realization that their investments lack the expected mortgage collateral. Meanwhile, borrowers facing foreclosure find solace in the form of FRAUD STOPPERS Chain of Title Analysis (COTA). Through COTA, borrowers can uncover
potential flaws in the chain of title, empowering them to challenge the trust's ownership and pursue quiet title actions. As the legal landscape evolves and the true extent of the ownership crisis unfolds, it is crucial for both investors and borrowers to seek expert guidance to protect their rights and interests.