1.
The Mortgage or Deed of Trust is assigned from the Originator directly to the
Trustee for the Securitized Trust.
2.
The Mortgage or Deed of Trust is assigned months and sometimes years after the
date of the origination of the underlying mortgage note.
3.
The Mortgage or Deed of Trust is assigned from the initial aggregator directly
to the Securitized Trust with no assignments to the Depositor or the Sponsor
for the Trust.
4.
The Mortgage or Deed of Trust is executed, dated or assigned in a manner
inconsistent with the mandatory governing rules of Section 2.01 of the Pooling
and Servicing Agreement.
5.
The assignment of the Mortgage or Deed of Trust is executed by a legal entity
that was no longer in existence on the date the document was executed.
6.
The assignment of the mortgage or Deed of Trust is executed by an entity whose
name is different than the entity named in the original document (i.e.,
National City Bank Corporation in lieu of ABC Corporation as a division of
National City Bank).
7.
The assignment was executed by a party pursuant to a Power of Attorney but no
Power of Attorney is attached to the instrument or filed with the instrument or
otherwise recorded with local land registry.
8.
The mortgage note is allegedly transferred in a single document along with the
Mortgage or Deed of Trust (i.e., “Assignment of the Note and Mortgage”).
You cannot “assign” a mortgage note. You can only “negotiate” a mortgage
note under Article 3 of the UCC.
9.
The assignment is executed by a party who claims to be an “attorney in fact”
for the assignor.
10. The
assignment is notarized by a notary in Dakota
County , Minnesota .
11. The
assignment is notarized by a notary in Hennepin
County , Minnesota .
12. The
assignment is notarized by a notary in Duval
County , Florida .
13. The
assignment is executed by an officer or secretary of MERS.
14. The
assignment is notarized by a secretary or paralegal employed by the attorney
for the mortgage servicer.
15. The
assignment is executed or notarized by an employee of MR Default Services,
Promiss Solutions LLC, National Default Exchange, LP, LOGS Financial Services,
or some similar third-party.
16. The
endorsement on the note is actually on an allonge affixed to the note. In
most states, an allonge cannot be used if there is a sufficient amount of room
at the “foot” or the “bottom” of the original note for the endorsement.
17. The
allonge is not “permanently” affixed to the original note. The term
permanent excludes the use of staples and tape and as a result you must use a
sold fastener such as glue. Allonges are commonly referred to “in the
business” as “tear-off fraud papers.”
18. The
note proffered in evidence is not the original but a copy of the “certified
copy” provided to the debtors at the closing.
19. The
note is endorsed in blank with no transfer and delivery receipts. It is
fine to endorse a note in blank, in which case it becomes “bearer” paper under
the UCC. However, in order to prove a true sale from the Sponsor to the
Depositor you must have written delivery and transfer receipts and proof of pay
outs and pay in transactions.
20. The
note proffered in evidence is not endorsed at the foot of the note or on an
affixed allonge.
21. The
assignment of the mortgage or deed of trust post-dates the filing of the court
pleading.
22. The
assignment of the mortgage or deed of trust is executed after the filing of the
court pleadings but claims to be “legally effective” before the filing.
For example, the deed of trust is assigned on June 1, 2009, with an effective
date of May 1, 2007.
23. The
parties who executed the assignment and who notarized the signature are in fact
the same parties.
24. The
signor states that he or she is an “agent” for the executing entity.
25. The
signor states that he or she is an “attorney in fact” for the executing entity.
26. The
signor states that he or she is an employee of the executing entity but claims
to have custody and control of the records of the entity.
27. The
signor of the document makes statements about the status of the mortgage debt
based on his or her review of the “records of the plaintiff” or the “records of
the moving party.”
28. The
proponent of the original note files an Affidavit of Lost Note.
29. The
signor claims that the allegations in the court pleading are correct but the
assignment of the mortgage and/or delivery and transfer of the note occurs
after the law suit or the motion for relief from stay was filed.
30. One
or more of the operative documents in the case is signed by one of the
attorneys for the mortgage servicer.
31. The
default payment history filed in the case is prepared by the attorney for the
mortgage servicer or a member of his or her staff.
32. The
affidavit filed in support of legal fees is not signed by an attorney with the
firm involved in the case.
33. The name
of one or more of the signors is stamped on the document.
34. The
document is a form with standard “fill-in-the-blanks” for names and amounts.
35. The
signature of one or more parties on the document is not legible and looks like
something a three year old might have done.
36. The
document is dated and signed years before the document is actually filed with
the register of real estate documents or deeds or mortgages.
37. The
proffered document has the word C O P Y stamped on or embedded in the document.
38. The
document is executed by a notary in Denton
County , Texas .
39. The
document is executed by a notary in Collin County, Texas.
40. The
document includes a legend “Hold for” a named law firm after recording.
41. The
document was drafted by a law firm representing the mortgage servicer in the
pending case.
42. The
document includes any type of bar code that was not added by the local register
or filing clerk for such instruments.
43. The
document includes a reference to an “instrument number.”
44. The
document includes a reference to a “form number.”
45. The
document does not include any reference to a Master Document Custodian.
46. The
document is not authenticated by any officer or authorized agent of a Master
Document Custodian.
47. The
paragraph numbers on the document are not consistent (the last paragraph on
page one is 7 and the first paragraph on page two starts with number 9).
48. The
endorsement of the note is not at the “foot” or “bottom” of the last page of
the note. For example, a few states allow an endorsement on the back of
the last page of the note but the majority requires it at the foot of the note.
49. The
document purports to assign the mortgage or the deed of trust to the Trustee
for the Securitized Trust before the Trust was registered with the Securities
and Exchange Commission. This type of registration is normally referred
to as a “shelf registration.”
50. The
document purports to transfer the note to the Trustee for the Securitized Trust
before the date the Trust provides for the origination date of instruments in
the Trust. The Prospectus, the Prospectus Supplement and the Pooling and
Servicing Agreement will clearly state that the pool of notes includes those
originated between date X and date Y.
51. The
document purports to transfer the note to the Trustee for the Securitized Trust
after the cut-off date for the creating of such instruments for the Trust.
52. The
origination date on the mortgage note is not within the origination and cut-off
dates provided for the by terms of the Pooling and Servicing Agreement.
53. The
“Affidavit of a Lost Note” is not filed by the Master Document Custodian for
the Trust but by the Servicer or some other third-party.
54. The
document is signed by a “bank officer” without any designation of the office
held by the said officer.
55. The
affidavit includes the following language on the bottom of each page:
“This is an attempt to collect a debt. Any information obtained will be
used for that purpose.”
56. The
document is signed by a person who identifies himself or herself as a “media
supervisor” for the proponent.
57. The
document is signed by a person who identifies himself or herself as a “media
coordinator” for the proponent.
58. The
document is signed by a person who identifies himself or herself as a “legal
coordinator” for the movant.
59. The
date of the signature on the document and the date the signature was notarized
are not the same.
60. The
parties who signed the assignment and who notarized the signature are located
in different states or counties.
61. The
transferor and the transferee have the same physical address including the same
street and post office box numbers.
62. The
assignor and the assignee have the same physical address including the same
street and post office box numbers.
63. The
signor of the document states that he or she is acting “solely as nominee” for
some other party.
64. The
document refers to a power of attorney but no power of attorney is attached.
65. The
document bears the following legend: “This is not a certified copy.”