Jim?s Mailbox

View the original post at jsmineset.com...
August 11, 2009 12:23 PM

Hi All,

The finding below (Missing Notary Acknowledgment) should also be true of situations where the Plaintiff in a foreclosure case fails to name the specific trust fund into which the subject loan was allegedly deposited i.e., one essential party to the matter remains unidentified.

I am also attaching a recent decision sent to me by Philip Althouse, a legal aid attorney par excellence in Elyria, Ohio, which is probably the best, most succinct memorandum of law that I have seen on what is required to prove that a Note and Mortgage have been properly negotiated and assigned to the foreclosing party.

I am going to use this and several other recent decisions (including the Massachusetts Land Court cases) to map out a checklist, flow chart and timeline that will become part of my curriculum for a workshop to train Judges how to spot fraud upon the court.

All best,
CIGA Marie

Marie McDonnell
Truth In Lending Audit & Recovery Services, LLC
Mortgage Fraud and Forensic Analysts
Marie.McDonnell@truthinlending.net

30 Main Street, Rear
P.O. Box 2760
Orleans, MA 02653
Tel. (508) 255-8829
Cell (508) 292-5555
Fax (508) 255-9626

Click here to view the recent decision sent by Phil Althouse

Name Missing in Notary Acknowledgment Means Bad Mortgage In Massachusetts
Posted: 10 Aug 2009 06:00 AM PDT

Money moves electronically, but papers move at human speed.* People make mistakes when rushed.* A name might not appear in a notary public’s acknowledgement, the place where the notary public identifies whose signature is being verified.* In Massachusetts, such a document may not be enforced against parties not signing the document.

The recent case of Agin v MERS (In re Giroux)* 2009 WL 1458173 (Bkrtcy.D.Mass. May 21, 2009) made this point quite clear, when it ruled that a mortgage was not enforceable against a Chapter 7 trustee if the borrower’s name was left blank in the acknowledgment.* The trustee took over the mortgage under operation of bankruptcy law, and the mortgagee was left with an unsecured claim no different from that of a credit card issuer.

This decision was based on Massachusetts statutes, and it noted that other states’ laws might lead to a different ruling.* However, there may well be other statutes in your own state which give rise to rights not available in Massachusetts.* Look hard, and then look again.

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