If an affidavit alleging a previous mortgage assignment is presented for recording in Cook County, but the affiant did not date it, the affiant's address is not stated, there is no assignment annexed to the affidavit and the notary also did not provide the date of notarization on the affidavit, is the affidavit proper for recording? If not, may I file greivance with the Recorder to have the affidavit rendered ineffective due to improper recording of the affidavit? May I present for recording an affidavit stating that there has not been an assignment of the mortgage, based on the fact that there is no recorded mortgage assignment? What can I do?
What does the Cook Co. Recorder deem to be a recordable document?The affiant is characterized as an officer of MERS (Mortgage Electronic Registration Systems, Inc), and is the atty representing the servicer in 4closure proceeding. Recorded a month after 4closure was filed and 8 mos after TILA rescission notice was given to named lender, servicer, and MERS. We answered 4closure with aff def of fraudulent assignment, rescission right exercised, no legal standing of servicer, among other defenses. Servicer has later stated in Fed court that it is merely the servicer, not mtgee. So, the mtgee MERS purports to assign the note/mtg, but the assignee says its not the mtgee. So, who is? QWR's not propery responded to for 56 months now. There is no tax dec, no copy of purported assignment, and the preparer is the servicer's attny/MERS officer. I need counsel on contingency (or close to it) for currently pro se chancery and Fed TIL cases, do not qualify for free atty and can't afford retainers due to financial devastation which I did not have before this refinance.