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27% of the invalid assignments are fraudulent, 35% are "robo-signed" and 10% violate the massachusetts mortgage fraud Statute. The identity of financial institutions that are current owners of the mortgages could only be determined for 287 out of 473 (60%) There are 683 missing assignments for the 287 traced mortgages, representing.
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The Massachusetts Appeals Court has reaffirmed its holding in Sullivan v.Kondaur Capital Corp., 85 Mass.App.Ct. 202 (2014), that mortgagors have standing only to challenge assignments of their mortgages that are void, not merely voidable, and that the Mortgage Electronic Registration Systems, Inc. ("MERS") system of mortgage assignments comports with Massachusetts law.
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Mortgage Assignment – How Real Estate Investors Profit. Mortgage assignment is a common practice among lenders. A mortgage deed, also called a deed of trust or trustee’s deed or deed of trustee, gives a lender a security interest in the property mortgaged in return for money received.
A release or satisfaction of the lien of any mortgage or other written instrument affecting title to real property as security for the payment of money, made or entered into by the original mortgagee, trustee or his legal representative, or any assignee under an assignment recorded as provided in Section 30-7-40 shall be good and effectual.
The New york suit differs slightly from the facts in Smith V. Saxon Mortgage, but if Schneiderman wins his case, it could be that the legitimacy of MERS will ultimately have to be decided by the U.
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The firm did not detail how it determined that an assignment was valid or invalid, but said it could only determine the financial institution that owned the mortgage in 60% of the cases it reviewed.
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