Devil in the Details

Submitted by Attorney

William H. Pincus

I just received a Notice of Filing Assignment of Mortgage From MERS in Virginia to BAC in Texas and signed by — you guessed it — Caryn A. Graham in Florida. It was notarized by Shavonia L. Turner before her notary privileges were revoked. And it is dated Nov. 9, 2009.
However, I also have an Assignment signed by Ms. Graham in Florida between the same companies for the same property, assigning the same legal documents but this one was notarized by Evelyn Saillant (? – name is hard to read) and witnessed by 2 different witnesses than the other assigment. And its dated Oct. 28, 2009. How many times did they need to assign the same mortgage and note!?

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    The Story of the Law Firm that Built Its Own Evidence for Foreclosures
    By: Cynthia Kouril Monday April 19, 2010 9:15 am

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    Last March, Patricia Arango signed an assignment of mortgage over to Country Wide Home Servicing, LP as “Assistant Secretary” of Mortgage Electronic Registration Systems, Incorporated (MERS) as nominee for Countrywide Bank, FSB. “Assistant Secretary” is meant in the sense of the Secretary of the corporation, a corporate officer, not in the sense of someone who does they typing, phones and filing.

    You can see the entire document here [PDF].

    Last October, Caryn Graham signed an assignment of mortgage over to The Bank of New York Mellon FKA Bank of New York, as Trustee for the certificate holders CWMBS Series 2006-HYB5, as “Assistant Secretary” of Mortgage Electronic Registration Systems Incorporated (MERS) as nominee for HomeAmercian Mortgage Corporation.

    You can see the entire document here [PDF].

    However, neither Ms. Graham nor Ms. Arango are employees of MERS. They are lawyers at the law firm which filed these assignments. You can see their names on the law firm’s website . And you can see the name of the firm, Law Office of Marshall C. Watson in the top left hand corner of the documents at the links. You can’t miss it there is an arrow pointing to the name and address of the firm with instructions to “record and return to” the law office.

    A query to the MERS confirmed that neither Ms. Graham nor Ms. Arango are employees of MERS. According to MERS spokesperson Karmela Lejarde:

    Caryn A. Graham and Patricia Arango are duly authorized officers of Mortgage Electronic Registration Systems, Inc. This authorization is obtained through a Corporate Resolution that is granted by our Corporate Secretary and approved by the MERS Board of Directors. These individuals are not employees of MERS. [emphasis added]

    For complete image click here [PDF].

    So MERS has created a system, where people who are not employed by MERS and do not work at MERS are nonetheless designated as “officers” of MERS and are signing documents which are presented in court in the course of foreclosures and judges are innocently relying on these documents, falsely believing them to represent arms length transactions entered into by people with actual knowledge of the status to the mortgage file.

    Don’t for a minute think these are the only two such documents or that this is the only law firm involved.

    MERS must realize that this does not look very good because they have suddenly decided that hereafter certifying officers (those non–employee signers) must take a training program before being authorized to sign.

    In his law firm’s blog Mather Weidener suspects that the “training” will consist of “making sure they don’t tell the truth in a deposition like Cheryl Sammons did (No I don’t read the documents before I sign them).” Read her whole transcript here [PDF]; your eyeballs will fall out of your head.

    [Earlier posts in this series and related links at Kouril’s Foreclosure Fraud Resources]
    comment on this9 Comments spotlight Spotlight

  2. BAC’s sub CIG HF1 is “Corporate Investment Group” ,, you might find something of use in the “Box” decision ..

  3. Why can’t the FBI go in and seize everything fake rubber stamps computers the lot

  4. caryn alina graham 34 years old miami fl that works for marshall watson forecloser mill also i asume is an attorney we need more picture of these people like bottomfeeder .com or maybe data base of counterfiters landrobbers and accomplises.what we really need is a database of homeowners foreclosed the trusts supposedly they were foreclosed on and show the remaining invest
    tor tranches they were deceived.

  5. does anyone have any info on BAC’s investor CIG HFI ist Lien Mortgage…Google turns up nothing good. BAC customer service/short sale/ home retention departmetns tell borrowers there loans investor is CIG HFI ist Lien Mortgage, but it is hard to find info about CIG HFI 1st Lien Mortgae.

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