First Horizon Home Loans files a foreclosure complaint in 2015, and during the proceeding, assigns the mortgage to Everbank who obtains judgment and Writ of Sale. Everbank assigns its Credit Bid to MTGLQ Investors, and the Bergen County Sheriff carries out the sale and issues the attached Deed for $100.00. Prior to the Sheriff’s Sale, Everbank provides the Sheriff with the attached Affidavit of Consideration attesting there is no prior mortgage and $0.00 due. This section of the Affidavit must include any mortgage subject to foreclosure and the amount claimed as owed in the judgment and Writ. Though it is difficult to read on the recorded document, Everbank as Deponent states the following:
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“The representations contained herein are made in reliance upon a report of title which the foreclosure was predicated. Deponent does not warrant the accuracy of such title representations or other information and makes no representations regarding the status of the title other than as may be contained in the pleadings filed in the action. [THEY NEVER PLEAD TITLE] All interested parties are advised to conduct and rely upon their own independent investigation to ascertain whether or not any outstanding interests remain of record and/or have priority over the lien being foreclosed, and if so, the current amount due thereon.”
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As is the case in all other cases I’m seeing, there is likely a Quit Claim Deed for $1.00 from Everbank to MTGLQ. This is preposterous. The Plaintiff who sued claiming they owned the Mortgage and Note (debt) immediately turns around after judgment and claims nothing is owed and they cannot warranty title.
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Bill Paatalo
Oregon Private Investigator – PSID#49411
Bill Paatalo
Oregon Private Investigator – PSID#49411
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BP Investigative Agency, LLC
Mailing Address:
Mailing Address:
476 LaBrie Drive
Whitefish, MT 59937
Office: 1-(888)-582-0961
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Editor’s note:
MTGLQ is a Goldman Sachs related entity. One of its addresses is C/o Rushmore loan servicing. EverBank was involved in “laundering” titles in securitization schemes, primarily for Bank of America but this time it looks like Goldman Sachs.
An interesting legal point is the effect of serving an assignment of bid on the Sheriff instead of the Clerk of the recording office. It’s peculiar because the effect of an assignment of a bid is the same as an assignment of a mortgage. How is the Sheriff bound by such service? Is there some NJ statute that does not require assignments of bid to be recorded with deeds and mortgages? Is the assignment of bid without consideration a legal nullity? I think it is.
So the real question, in NJ, is whether assignments of bid are being used to sidestep (loophole) to avoid the requirements of law — i.e, “assignment of the mortgage without concurrent transfer of the underlying obligation is a legal nullity.” I have that issue on appeal in Florida 2DCA.
Filed under: foreclosure |
I am sure it included Covius mob, too. They are in Colorado like SLS and “rusmosre”
Covius owns NTC, subordiante documents forger. All get instructions from Black Knight’s secures message cetners
Identical to my Fraudclosure NJ complaint as well. Just switch the names of the cast of Criminals. To Original Plaintiff Specialized Loan Serving & Substitute Plaintiff & to US Bank NA Trustee for Truman Trust & I’m sure will assign credit bid to Truman Capital.
Homeowners must fight this in BK13 and attack POC of these debt buying shysters.