The problem in the case centered around the mortgage assignment into U. Bank, as trustee — the same problem the same bank faced in the landmark case. The “Corporate Assignment of Mortgage,” appears to have been back-dated.
Generally, I go to my local bank, where many of the employees are notary publics and I don't have to pay a fee for the service.Please keep in mind that the notary rules are different in each of the 50 states, and that notary rules are also always changing.However, if something is illegal in one state, there is a high chance that it will also be illegal in your state — although the penalties might be different.It was dated October 16, 2008 and recorded in the corresponding registry of deeds on October 29, 2008, after the foreclosure had been completed. Bank, Massachusetts foreclosure defense, Massachusetts foreclosure defense attorney lawyer, Massachusetts foreclosure law, trustee. However, at the top of the document, it stated: “Date of Assignment: June 13, 2007,” in an obvious attempt to date it back prior to the foreclosure. Bank claimed that the back-dated mortgage assignment was merely a confirmatory assignment in compliance with the Nothing in the document indicates that it is confirmatory of an assignment executed in 2007. Juarez and Glenn Russell will now get the opportunity to litigate their claims in the lower court. The take-away from this case is that courts are finally beginning to scrutinize the problematic mortgage assignments in wrongful foreclosure cases.