When a servicer requests to be recorded and records a Corporate assignment deed of trust, and has it signed by "attorney in fact for the previous beneficiary" who signs? Is it someone from the beneficiary that is assigning the deed of trust or someone from the new servicer/beneficary that signs the assignment that is being recorded? I have been working on this day and night for 3 months now and have uncovered so much fraud. I was being foreclosed on with no loan # XXXXX foreclosure Notices and by previous beneficiary. I kept calling the substituted Trustee (who was substituted in the name of the previous beneficiary) but no assignment to the new beneficiary was done. Then, en voila, they recorded an assignment, but it is obviously robosigned and signed by the new beneficiary, not the one granting it. It turned out the old beneficiary didn't even know about it. I have been lied to, put on hold, told my loan is a Fannie Mae, Freddie Mac, FHL and it is none of the above. More to this story, but I would really appreciate it if you could answer this question, or call me. I want to submit a complaint and will be doing so pro se, unless I have time to get an attorney. I have all the info./research and docs and timelines of complete fraud. Thanks so much for your help
Optional Information: State/Country relating to question: California Already Tried: everything and then some
Thank you for your question.
When a servicer requests to be recorded and records a Corporate assignment deed of trust, and has it signed by "attorney in fact for the previous beneficiary" who signs?
The previous servicer signs, or the one who is assigning the deed of trust to the subsequent party.
Is it someone from the beneficiary that is assigning the deed of trust or someone from the new servicer/beneficary that signs the assignment that is being recorded?
Someone from the beneficiary who is assigning.
I have been working on this day and night for 3 months now and have uncovered so much fraud. I was being foreclosed on with no loan # XXXXX foreclosure Notices and by previous beneficiary. I kept calling the substituted Trustee (who was substituted in the name of the previous beneficiary) but no assignment to the new beneficiary was done. Then, en voila, they recorded an assignment, but it is obviously robosigned and signed by the new beneficiary, not the one granting it. It turned out the old beneficiary didn't even know about it. I have been lied to, put on hold, told my loan is a Fannie Mae, Freddie Mac, FHL and it is none of the above. More to this story, but I would really appreciate it if you could answer this question, or call me. I want to submit a complaint and will be doing so pro se, unless I have time to get an attorney. I have all the info./research and docs and timelines of complete fraud.
You are most welcome, and I am sorry that you have been so misled in the past. Please let me know if there is anything further that you need assistance with, and I will try to do my best to assist.
Good luck
but if they sign as a "attorney in fact" for the assignor (lender assigning DOT to a new servicer), can the assignee (new servicer) have someone from their LLC sign it (as "attorney in fact for PREVIOUS BENEFICIARY" who is doing the assigning? and how do i sign up for free trial? i tried to ask this and sign up for justanswer.com march 25th but no one answered, thank-you
Thank you for your follow-up.but if they sign as a "attorney in fact" for the assignor (lender assigning DOT to a new servicer), can the assignee (new servicer) have someone from their LLC sign it (as "attorney in fact for PREVIOUS BENEFICIARY" who is doing the assigning?Generally no, since both parties have to sign off on the assignment, so no, a new party cannot have someone sign both as the assignor and the assignee on the same document. and how do i sign up for free trial? i tried to ask this and sign up for justanswer.com march 25th but no one answered, thank-you My apologies, that I cannot answer for you, as I am not a moderator. If you have any questions pertaining to your trial, please let me know and I will forward your question to the moderators directly.Good luck.Dimitry Esquire41036.2901446412
I just emailed them i think, it wont let me sign up saying i'm already a user or member, but as I said, I am not. noone ever answered my question from 3/25/12 and i thought this sight was just a hoax, but i'm so happy to see it isn't. My cousin just told me how she found it and i had told her about it before, back in March but I didnt hear from you, and she did.About my question, thank-you so much, but if the assignee (new servicer) can not sign for the assignor, then why is it signed "attorney in fact for" with the VP name, who so happens to be an employee of the new servicer/assignee? and is there a CA or federal law that states so? I've looked at mortgages deeds of trusts CA book, but didnt find the answer yet
Thank you for your follow-up.It may be, and I am only guessing here, is that the assignor granted a limited power of attorney (hence the "attorney in fact" statement) to have the assignee sign on their behalf. That is permitted, but then a document showing that such a right was granted needs to be found or provided to you. There is no law here that I am aware of, this is contract and agency law that does permit a third party to act as the agent in this situation.Good luck.Dimitry Esquire41036.2966571412
I have seen that and read that in the law book, but they only recorded the assignment, and did not record the power of attorney statement granting them that authority. If i sent in a QWR, would they be required to submit the signed Power of Attorney authority from the assignor? And i was wondering, do QWR's have to be notarized? I have spent alot of money on the notarizing and they dont respond so I sent the last one without it being notarized but certified return receipt. Will it still be a legally bound QWR without the notarization? Thanks
Thank you for your follow-up.I have seen that and read that in the law book, but they only recorded the assignment, and did not record the power of attorney statement granting them that authority. If i sent in a QWR, would they be required to submit the signed Power of Attorney authority from the assignor?Yes, as evidence that they had a right to sign for the third party. And i was wondering, do QWR's have to be notarized?Yes, they do have to be notarized to be valid. I have spent alot of money on the notarizing and they dont respond so I sent the last one without it being notarized but certified return receipt. Will it still be a legally bound QWR without the notarization?Generally a QWR has to be notarized to be valid, so if they ignore it you would not have recourse.My apologies but it is fairly late here. I am going to retire for the evening, and if you have any additional concerns please post them and I will get to them when I wake up. Until then, if satisfied, please rate my work with Just Answer. Good luck.Dimitry Esquire41036.3219679051
Experience: JA Mentor, multiple jurisdictions, specialize in business/contract disputes, estate creation & admin