Under District law, in contrast to the laws of many states, each deed or other document transferring a mortgage interest must be recorded

with the Recorder of Deeds within 30 days of execution. This requirement is not satisfied by private tracking of mortgage interests through the
Mortgage Electronic Registration Systems (MERS).
October 27, 2010
Attorney General Issues Statement on Foreclosures in DC
Attorney General Peter Nickles issued an enforcement statement today describing when the notices used to commence foreclosures in DC may
mislead homeowners and violate the District’s consumer protection law. The statement clarifies that a foreclosure may not be commenced
against a DC homeowner unless the security interest of the current noteholder is properly supported by public filings with the District’s Recorder
of Deeds.
A noteholder’s security interest in a DC home should normally be reflected in the public land records maintained by the District’s Recorder of
Deeds. Under District law, in contrast to the laws of many states, each deed or other document transferring a mortgage interest must be recorded
with the Recorder of Deeds within 30 days of execution. This requirement is not satisfied by private tracking of mortgage interests through the
Mortgage Electronic Registration Systems (MERS).
The District has a non-judicial foreclosure process that begins with a Notice of Foreclosure on a form prescribed by the Recorder of Deeds. The
form requires identification of a “Holder of the Note” and a “Security Instrument recorded in the land records of the District of Columbia.” According
to today’s enforcement statement: “The homeowner who receives such a notice is entitled to presume that the recordation of the security interest
complies with District law, and that each intermediate transfer of the security interest between the original maker of the note and the current
holder of the note is documented in the public record.”
When a foreclosure sale notice misrepresents to a homeowner that the foreclosing noteholder has a recorded security interest, the homeowner
may fail to seek legal help in determining whether there may be a good basis for challenging the foreclosure in court. Misrepresentations of
material facts, when made to homeowners or other consumers, violate the District’s Consumer Protection Procedures Act, which is enforced by
the attorney general.
The enforcement statement invites “homeowners or their advocates” to inform the Office of the Attorney General (OAG) if foreclosures “continue to
be commenced or pursued with deceptive foreclosure sale notices” so that the Office may consider bringing enforcement actions to stop
foreclosure proceedings and seek restitution for consumers.
“A homeowner should not be misled into believing that a threatened foreclosure is supported by the District’s public records when it is not,”
Nickles said.

Continued use of deceptive foreclosure sale notices may be reported to the attorney general’s consumer hotline at 202-442-9828

5 Responses

  1. Now if we get Jerry Brown in as governor again, governor moon-beam will have a very big conflict of interest in his sister Kathleen. Look at where Kathleen has been of late: CountryWide, Bank of America, and now Goldman-Sacs.

    While Kathleen was with CountryWide and Bank Of America, Jerry Brown’s AG office put together a settlement with CountryWide that was a pile of crap, to say the least. That settlement led to a huge number of ‘supposedly-permanent’ mods that were ALL canceled (per CW personnel).

    Any attempt to get the CA AG’s office to pressure CountryWide to honor the modifications issued, has been stonewalled. NO HELP comes from Jerry Brown or his AG office. In fact, his office has now gone on the offensive to enforce closure of businesses that may be able to help borrowers fighting to keep their homes.

    With that as a backdrop, can we actually expect Jerry to uphold the law?

  2. This is the link to the MERS so-called Legal Primer To Attack Homeowner-borrower.


  3. finally someone with half a brain in DC. Now this comes only 15 years late, so let us do the math, there are 15 years of damaged property records in DC. Damaged with illegal MERS deeds of trust, illegal foreclosures, illegal liens, etc.

  4. I submitted MANY complaints with HARD EVIDENCE of fraud and deception on my mortgage documentation OVER A YEAR AGO to the Office of Thrift Supervision and to the Washington Department of Financial Institutions among others. ONLY the DFI has FINALLY answered my complaint, CONFIRMING that my complaints were VALID and that I was defrauded at ORIGINATION. But since so much time has past (much of it WAITING ON THEM) they were powerless to intervene because the originating entity is allowed to DESTROY THEIR RECORDS after 18 months!!! Therefore, they lack the documentation needed for enforcement. Now think about THAT for just a minute, and how unjust THAT IS. I have all of my documents, and they are of no use.

    THEY DID however, encourage me to get an attorney (naturally at my own expense and trouble) to pursue remedy against them, for clear violations of state and federal law.

    Thanks a lot. WHY did I file the complaint in the first place.

    Our regulatory agencies, ESPECIALLY the SEC, OTS and the OCC are absolutely WORTHLESS and belong in the MONKEY CAGE AT THE FREAKING ZOO.

  5. It is past Prima Facie at this point, that the banks and foreclosure mills defrauded the loans and the foreclosure paperwork, within each and every state, many fold.

    If our Attorney Generals are serious as this one is, they will respectfully, immediately, and publicly request each governor to do an emergency executive order, ordering:

    1. A moratorium on all bank securitized foreclosures and evictions. ,

    2. Suspending non-judicial foreclosure processes, and

    3. Requiring proper ‘Best Evidence’ documentation in any court, under substantive pains of perjury for all submitters.

    This moratorium would be until these AG’s can reasonably complete their investigations, as well as until each individual loan can be properly and fully reviewed one by one, by each and all parties, with complete disclosure and proper chain of title submitted first by the servicers.

    If the state AGs won’t do this type request to the governors, personally I cannot believe those AGs’ sincerity. No matter how much recent publicity otherwise.

    I talked with a lady yesterday, who A YEAR AGO, had submitted the mortgage frauds on her loan to our state’s AG. She is still waiting, while she is being evicted! It is incredulous to believe these ‘high-up’ people don’t know what is going on.

    Considering the widespread fraud, do not believe in anything less than a state-by-state ordered moratorium.

    Anything less would be impossible time-wise to investigate fully, more families will get hurt unjustly, and they all dang know well it.

    Let’s not fool ourselves – Demand a moratorium as proof of sincerity by State officials! NOW.

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