You must think through the dilemma
in the simplest terms. Use reason to determine the elements of fraudulent transactions
1) ABC made a loan…..
2) ABC sold a loan…..
3) ABC bought back my home….
So, who were you negotiating a deal with when you were talking a modification or short sale during the time from 2) to 3)?
From statement (2) to (3) the note was lost to you forever. In the example, ABC Financial originates a $500,000 loan. After 12 months pass, MERS assigns the loan to Duetsche Bank as Trustee for IndyMac INDX Mortgage Loan Trust 2006-AR13. IndyMac Bank is the issuing entity.After 24 months total terms leading to default, Indy Mac purchases the property in a Trustee Sale.
Assignment from MER’S to Deutsche Bank [Yes]
Grant Deed (of Sale) from Trustee to Indy Mac [Yes]
(Missing) [ ? ]
What’s missing here? (Think – It’s not the legally correct answer we are accustomed to seeing from attorneys. (Hint) It is the argument that will have standing in an IRS examination or plaintiffs subpoena for accounting production of documents).