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Can a bank assigne a mtg retroactive as agent of the bank that originally serviced the loan?

Cape Coral, FL |
Filed under: Foreclosure

My current so called servicing company, AHMSI assigned the mortgage to themselves as agent of Hombanc. the assignment was in 2010 after modafication and retroactive to 2008.Chase serviced the loan in 2008 after hombanc declared bankrupcy. there is no mention of chase in the assignment. there is no assignment recorded in lee county florida from hombanc to chase. Chase took the note around aug of 2007 when hombacs assets were divided up to other banks.AHMSI supposedly took the loan jan of 2009 Do I have the sense of fraudlent actions taken by AHMSI now known as homeward?

After further investigation of the assignment, I see that it was signed and notorized by known ROBO signers (Melissa Hively and Vicki Sorg) Hivley signed the assignment as vice president of AHMSI. She was never an employee of AHMSI. She was an employee of secuity connections Inc. in Idaho.

Attorney Answers 3


The bank must have had standing at the inception of the case. Any evidence showing that the documents the bank relies on to establish ownership were produced after the filing of the the case can support an argument for dismissal of the foreclosure lawsuit; it may also support allegations of fraud by the bank.

If you are interested here are two posts from my web site discussing the Florida Supreme Court's consideration of what consequences a bank should face for filing fraudulent documents in a foreclosure case.

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You should contact a mortgage foreclosure defense attorney right away. This appears to be a fraudulent action because assignments cannot be retroactive. Most foreclosure defense attorneys have affordable payment plans. Seek legal advice right away.

This communication is not intended to create an attorney/client relationship. It is always recommended you consult an attorney in person to discuss your case. The Law Offices of Stage & Associates practices state-wide and represents homeowners and community associations. Please visit our website at

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I agree you should seek counsel. Many times there are additional defenses available specifically because of these actions. The banks will say that they are merely creating assignments to reflect the actual transfer of the note and that the physical transfer ocurred in the past. These are always suspect, however, it usually takes time to discover through the pretrial discovery process what really happened.

This answer is provided without full consultation and is suggestive in nature and not to be considered legal advice without entering into a formal legal engagement with an attorney. Before you decide, ask any lawyer to send you free written information about their qualifications and experience. This answer is designed for general information only. The information presented at this site should not be construed to be formal legal advice nor the formation of a lawyer/client relationship.

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