bmc100

Trott & Trott is illegally signing Mortgage Assignments

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I went to my county's Register of Deeds last Friday since I saw an assignment through land records.

When I had a copy printed off, I saw the assignment was created by Trott & Trott via an Ellen L. Coon. She was signing as VP of MERS. There was no corporate seal.

The notary who witnessed the signature was an Annette Thayer. I looked up her notary registration and when she signed as notary, her registration had expired. She did not press her seal to the assignment.

In most states, MERS has no legal authority to assign a Mortgage Agreement. It has to be someone in an executive function at the servicing bank. Furthermore, a Foreclosure Attorney cannot sign an assignment on behalf of a bank.

The easiest ways to spot a fraudulent assignment is that you cannot make out the signature of the signer. 2) It is a MERS assignment who signs as assistant secretary or VP 3) It is anyone who is not an employee of MERS. MERS has no employees.

The

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Interesting deposition in New Jersey by William Hultman, VP of MERS. He readily admits that there are no employees, only a board of directors.

http://frauddigest.com/indictments/MERS%20VP%20William%20Hultman%20Deposition%20NJ.pdf

I read the first 80 or so pages, and the best I can get out of it, is that the Members (banks, lending institutions) appoint VP's who carry the authority to sign documents on MERS behalf.

Members may also use third party companies to perform servicing duties on the loan, and the third party servicer may also use their third party representatives to perform duties on the loan, which is where Trott and Trott would come in.

The expired notary registration is whole different story.

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BMC, I am going to copy your other thread from "Is There a Lawyer in the House" here because you have done some extensive work regarding your mortgage, which can be beneficial to others who may be reading this thread.

http://www.creditinfocenter.com/forums/there-lawyer-house/308011-stopping-non-judicial-foreclosure.html

Since your loan is registered with MERS, use the link below to find out where your mortgage actually ended up, and who actually owns your mortgage. It should show what investment trust or GSE mortgage pool your loan is part of. From there, you can search the investment trust, and obtain information directly as to what is required of the servicer, and what processes the servicer must (may, in the event of of modifications) employ in the event of default. A servicer may or may not actually be the owner of the note.

http://www.creditinfocenter.com/forums/mortgages/309324-verify-your-mortgage-servicer.html (Thanks Goldbug)

Edited by amortgageman

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Amortgageman,

Here is another issue. Once Fannie Mae buys a loan, they never take possession of it. The loan is pooled through the lender and then once it is sold, the loan pool goes into a Special Purpose Vehicle called a REMIC Trust through a third party trustee. The reason is that a REMIC trust has a tax-exempt status.

Under FNMA procedures, all loan documents are supposed to be sent and held by the trust. Once the trust produces a collateral certificate and they sell bonds to investors. FNMA gets their investment paid back to them. FNMA is not the true investor when MERS is showing FNMA is the investor. All in all, once the note and mortgage are assigned to MERS all original documents are destroyed and from there they are assigned electronically.

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I spoke with the mortgage servicer again yesterday requesting more information on who the true investor(s) is. The servicer told me "that information is part of a confidential agreement between FNMA and Wells Fargo. If you want this information, you will have to have it subpoenaed".

I responded by saying "Basically you are telling me that I will have to sue you in court to get that information. Is that right?" She would not give me a response.

I also brought up the mortgage assignment, which I did not think she was aware of what was going on. In Michigan, the assignment has to be recorded by the county register of deeds before a bank servicer can start a legal action. I referenced that their attorney started the legal action a week before the assignment was recorded.

Two, Michigan requires that an assignment needs to be signed by a representative of the servicer or FNMA if assigned by MERS. Not that of an attorney.

I told her, if Wells wants to continue this legal action, I will bring it into court and win. You might want to research Michigan laws and caselaws, because they are in favor of the homeowner.

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I went to my county's Register of Deeds last Friday since I saw an assignment through land records.

When I had a copy printed off, I saw the assignment was created by Trott & Trott via an Ellen L. Coon. She was signing as VP of MERS. There was no corporate seal.

The notary who witnessed the signature was an Annette Thayer. I looked up her notary registration and when she signed as notary, her registration had expired. She did not press her seal to the assignment.

Definitely a mishap on their part. Check out this article from LivingLies:

KISS: KEEP IT SIMPLE STUPID « Livinglies's Weblog

KISS: KEEP IT SIMPLE STUPID

Finality versus good and evil. In the battlefield it isn’t about good and evil. It is about winner and losers. In military battles around the world many battles have been one by the worst tyrants imaginable.

Just because you are right, just because the banks did bad things, just because they have no right to do what they are doing, doesn’t mean you will win. You might if you do it right, but you are up against a superior army with a dubious judge looking on thinking that this deadbeat borrower wants to get out of paying.

The court system is there to mediate disputes and bring them to a conclusion. Once a matter is decided they don’t want it to be easy to reopen a bankruptcy or issues that have already been litigated. The court presumably wants justice to prevail, but it also wants to end the dispute for better or for worse.

Otherwise NOTHING would end. Everyone who lost would come in with some excuse to have another trial. So you need to show fundamental error, gross injustice or an error that causes more problems that it solves.

These are the same issues BEFORE the matter is decided in court. Foreclosures are viewed as a clerical act or ministerial act. The outcome is generally viewed as inevitable.

And where the homeowner already admits the loan exists (a mistake), that the lien is exists and was properly filed and executed (a mistake) and admits that he didn’t make payments — he is admitting something he doesn’t even know is true — that there were payments due and he didn’t make them, which by definition puts him in default.It’s not true that the homeowner would even know if the payment is due because the banks refuse to provide any accounting on the third party payments from bailout, insurance CDS, and credit enhancement.

That’s why you need reports on title, securitization, forensic reviews for TILA compliance and loan level accounting. If the Judges stuck to the law, they would require the proof first from the banks, but they don’t. They put the burden on the borrowers —who are the only ones who have the least information and the least access to information — to essentially make the case for the banks and then disprove it. The borrowers are litigating against themselves.

In the battlefield it isn’t about good and evil, it is about winners and losers. Name calling and vague accusations won’t cut it.

Sure you want to use the words surrogate signing, robo-signing, forgery, fabrication and misrepresentation. You also want to show that the court’s action would or did cloud title in a way that cannot be repaired without a decision on the question of whether the lien was perfected and whether the banks should be able to say they transferred bad loans to investors who don’t want them — just so they can foreclose.

But you need some proffers of real evidence — reports, exhibits and opinions from experts that will show that there is a real problem here and that this case has not been heard on the merits because of an unfair presumption: the presumption is that just because a bank’s lawyer says it in court, it must be true.

Check with the notary licensing boards, and see if the notaries on their documents have been disciplined and if not, file a grievance if you have grounds. Once you have that, maybe you have a grievance against the lawyers. After that maybe you have a lawsuit against the banks and their lawyers.

But the primary way to control the narrative or at least trip up the narrative of the banks is to object on the basis that counsel for the bank is referring to things not in the record. That is simple and the judge can understand that.

Don’t rely on name-calling, rely on the simplest legal requirements that you can find that have been violated. Was the lien perfected?If the record shows that others were involved in the original transaction with the borrowers at the inception of the deal, then you might be able to show that there were only nominees instead of real parties in interest named on the note and mortgage.

Without disclosure of the principal, the lien is not perfected because the world doesn’t know who to go to for a satisfaction of that lien. If you know the other parties involved were part of a securitization scheme, you should say that — these parties can only be claiming an interest by virtue of a pooling and servicing agreement. And then make the point that they are only now trying to transfer what they are calling a bad loan into the pool that the investors bought — which is expressly prohibited for multiple reasons in the PSA.

This is impersonation of the investor because the investors don’t want to come forward and get countersued for the bad and illegal lending practices that were used in getting the borrower’s signature.

Point out that the auction of the property was improperly conducted where you can show that to be the case. Nearly all of the 5 million foreclosures were allowed to be conducted with a single bid from a non-creditor.

If you are not a creditor you must bid cash, put up a portion before you bid, and then pay the balance usually within 24-72 hours.

But instead they pretended to be the creditor when their own documents show they were supposed to be representing the investors who were not part of the lawsuit nor the judgment.

SO they didn’t pay cash and they didn’t tender the note. THEY PAID NOTHING. In Florida the original note must actually be filed with the court to make sure that the matter is actually concluded.

There is a whole ripe area of inquiry of inspecting the so-called original notes and bringing to the attention the fraud upon the court in submitting a false original. It invalidates the sale, by operation of law.

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So I just got an email from my attorney who is working on a foreclosure case for one of his clients. He emailed me the assignments from Trott & Trott.

The original assignment was signed by Linda Green. Once the story on Linda Green broke. Trott & Trott created and forged a new assignment, erased out the information on DocX and Linda Green's information and signature. Then refiled the assignment with the county the property is located in. Low and behold it is Ellen L. Coon who did this. Look at my first post that references Ellen Coon.

They did not change the address at which the assignment took place in Alpharetta, GA at 111 Alderman Rd. Which is DocX's address. Trott & Trott is located in Michigan. Then Trott states that this assignment is to correct the original assignment. Why didnt the register of deeds of the county catch this before recording the assignment?

We have a big case of fraud here...which helps my cause in showing the Assignment Trott filed a fraudulent assignment on my property...

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My attorney finally tracked down Ellen Coon to serve her. It only took 2 weeks to find out where she is at.

I also found 8 more signatures of an attorney from Trott & Trott named Kenneth Kurel. Each signature on each of these documents are different as well.

The time is near where Trott is going down!!

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Where was she? Hopefully in Georgia, and if not, maybe your attorney can force her to show proof that she was in Georgia on the day that the new assignment took place.

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She was in Clarkston, MI which is 20 minutes north of the Palace of Auburn Hills, where the Detroit Pistons play.

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Today I received a response back from the Michigan AG regarding the letter he sent Trott & Trott. Trott's corporate counsel replied to the AGs inquiry and of course denied any wrong doing. Isnt that a big surprise.

Though I sent the AG 30 variations of one of their attorney's signature as well as a mortgage assignment that this same attorney erased information on the assignment then refiled. Then in April this year this same attorney who was a partner in the firm quit at age 48. Why would an attorney making great money all of sudden get up and quit?

I will press this issue some more with the AG. Then provide them with additional documentation showing fraud.

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Since I cannot get any satisfaction with the Michigan AG, I sent the same information to one of my US Senators and to the US District Attorney in Michigan. Lets see what they do with the information.

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Today I received a response back from the Michigan AG regarding the letter he sent Trott & Trott. Trott's corporate counsel replied to the AGs inquiry and of course denied any wrong doing. Isnt that a big surprise.

Though I sent the AG 30 variations of one of their attorney's signature as well as a mortgage assignment that this same attorney erased information on the assignment then refiled. Then in April this year this same attorney who was a partner in the firm quit at age 48. Why would an attorney making great money all of sudden get up and quit?

I will press this issue some more with the AG. Then provide them with additional documentation showing fraud.

Are you saying that Ellen Coon quit the company, and they are still using her signature on the mortgage assignments?

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who is your attorney. I, too, found that my mortgage assignment was a fraud and was prepared by Ellen Coon. Would like to contact your atty, as I can't find anyone who seems to know what they are doing in this area. Did she get fired or quit? Wonder if Attonrey Grievance Commission went after her----Appreciate your info. Best Wishes.

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This is all very interesting. I have copies of recorded assignments from Chase to MERS/MERS to FNMA c/o IBM/LBPS/Seterus as servicer, going back to

2009. They were signed by Marshall Isaacs of Orlans Assoc. and notarized by Susan Solwold (her signature is forged), also one signed by Bryan Bly ("robo-signer") as VP of Chase with another forged notary signature.

I have filed complaints and sent copies of the documents along with numerous copies of the various signatures for each of these individuals to Attorney Generals Office, Office of the Comptroller, Attorney Grievance Commission, State of Michigan Office of Financial and Insurance Regulations, Wayne County Mortgage Fraud Unit and FHFA. The response is always the same; Chase claims they did nothing wrong. They claim to have made offers for Modifications (which we never received), and state that it's out of their hands. Seterus states that they've made offers for Mods also, but for some reason we never get them. We always seem to get the threatening letters but nothing to help the situation.

At this time we have an phone conference on the 20th with Seterus to find out what our options are (if any) to avoid foreclosure. This all started when we applied for a Modification on 2009 with Chase after I lost my job.

We consulted with an attorney in early 2011, but I really don't think he knew how to handle it or maybe felt that this was over his head. He basically stated that we should just wait and see what happens.

If anyone has any suggestions or advise, I would really be appreciated!!

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Kelly,

Check your inbox, I just sent you the name of an attorney who can help you and he specializes in these types of suits..call him and I drop my name (which is in my message)..he knows me well and will take care of you..not your typical attorney who is just looking to make money..and he will sue Chase, MERS, FNMA, Seterus and Marshall Isaacs as one suit and stop the foreclosure..call and talk with him.

He is the attorney who was hired by Michigan Counties to sue Fannie Mae and Freddie Mac over mortgage transfer fees.

Edited by bmc100

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BMC100-Please email me an attny as well. i have a hot situation @ hand that needs attention before thursday-auction day. Thank you, you are very informative

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:evil:Hello: BMC100

Your post is interesting and I would like to know if you got the name of that lawyer who is able to stop a trust sale and Trott & Trott is involved. My sister lives in the Ann Arbor Mi area and has 10 acres, horse property and home with barn. She went to Trott & Trott for help to work out a deal to stop her forclosure. Well, all of a sudden, they have assigned her property for a trustee sale. She is a senior and in poor mental health. I am afraid they told her they would take care of her and hoodwinked her out of her property. I have to help her and am trying to find a lawyer to stop the sale dated on 5/24/12. What is MERS? And if you have the name of this Lawyer that may be able to help her please will you e-mail me? I think she may have trusted them and signed some papers that she really didn't know what it was. HELP PLEASE!!!!!!!!!! Thank you, Skywatcher002:confused:

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Sorry everyone, I have not been on here in a while. Work has been busy..You take the meeting with Trott to have them push back the foreclosure process. As you probably found out when you went to their office, they did not have anyone on the phone that was in a position to negiotiate from the mortgage servicer.

They just had some customer service rep. I have resources of people I can refer you to, who can help you. Please inbox me and I will share a few contacts with you.

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Hello: BMC100

Thank you for the heads up on Trott and Trott, I'm in pretty deep here, small horse farm in Grand Traverse county, Bank of America mortgage, economic issues caused me to seek employment 200+ miles away in Wayne county. Keeping the Grand traverse place is no longer economically possible, Of course BAC refused all of my requests for assistance. Now they are being represented by Trott and Trott and I need some decent legal advice ASAP, We just want out, considering a "deed in lieu of mortgage" not sure what else we can do.

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