Monday, October 23, 2017

Case No. 1 - FL Mortgage Assigned by MERS as Holder to BAC Home Loans Servicing, LP; Signed by Beverly Brooks & Dominique Johnson; Notarized by Jovida Alvarez-Diaz, CA Notary; Assignment Purports to Include the Note


This examination was conducted on June 3, 2016. This article contains selected parts of the findings and the examiner’s comments. These comments were based on the findings and the findings, in turn, were based on the examination of the documents presented and the application of the available web resources. This article was last updated on October 12, 2017.

Disclaimer: The findings in this examination are factual although they are here provided for informational purposes only and are not to be construed as legal advice. 

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The Assignment

On July 21, 2011, an Assignment of Mortgage was executed by MERS as Holder of the Mortgage. This document names the assignee as BAC Home Loans Servicing, LP, formerly known as Countrywide Home Loans Servicing, LP. It was recorded in Palm Beach County FL on July 29, 2011.

This assignment was signed by Beverly Brooks and Dominique Johnson, Assistant Secretaries and was notarized by Jovida Alvarez-Diaz, a notary public of the state of California. 


Prima Facie Evidence

Beverly Brooks

Beverly Brooks, Robo-Signing Suspect

1. Beverly Brooks is cited five times for her involvement in robo-signing in the Report on the
    Comprehensive Forensic Examination of the Real Property Records of Osceola County FL.

2. Beverly Brooks is listed as a robo-signer by the Southern Essex (MA) Register of Deeds.


Beverly Brooks, Signature Verification

The signature of Beverly Brooks on this assignment differs with her signatures on two other mortgage-related documents that she signed on different dates.
















Dominique Johnson

Dominique Johnson, Robo-Signing Suspect

1. Dominique Johnson is cited six times for her involvement in robo-signing in the Report on the
    Comprehensive Forensic Examination of the Real Property Records of Osceola County, Florida.

2. Dominique Johnson is listed as a robo-signing suspect by HomeOwners for Justice


Dominique Johnson, Signature Verification

The signature of Dominique Johnson on this assignment differs with her signatures on other mortgage-related documents that she signed on different dates.















Jovida Alvarez-Diaz

Jovida Alvarez-Diaz, Robo-Signing Suspect

1. Jovida Alvarez-Diaz is cited for her involvement in robo-signing in the Report on the
    Comprehensive Forensic Examination of the Real Property Records of Osceola County, Florida.

2. An assignment notarized by Jovida Alvarez-Diaz is listed as questionably fraudulent by
    Doctel Portal.


Verbiage of the Assignment

This assignment states that for value received, (MERS) the undersigned holder of a Mortgage does hereby grant, sell, assign, transfer and convey unto BAC Home Loans Servicing, LP all beneficial interest under that certain Mortgage together with the note(s) and obligations therein described.

The verbiage therefore means that this assignment includes and purports that it includes not only the Mortgage being assigned but also the Adjustable Rate Note secured by it.

This assignment also states that the Mortgage is dated October 5, 2006 and that the original loan amount is $1,500,000.

The assignee in this assignment is BAC Home Loans Servicing, LP, formerly known as Countrywide Home Loans Servicing, LP, the servicing arm of Countrywide Home Loans, Inc. and its affiliates. It is highly questionable how this entity could be an assignee of a Mortgage in an assignment that includes the note when, as servicer, it did not own the loans it was servicing.

The list of merger decisions that were approved by the FDIC in the year 2011 states that the amount of assets that Bank of America, NA acquired from BAC Home Loans Servicing, LP as a result of the merger was “0.” This indicates that BAC Home Loans Servicing, LP did not own loans (see page 10). 


The Notarial Oath

The notarial oath in this assignment states that Jovida Alvarez-Diaz, the notary public has certified under penalty of perjury under the laws of the State of California that Beverly Brooks and Dominique Johnson personally appeared before her and proved to her on the basis of satisfactory evidence to be the persons whose names are subscribed to in this instrument and acknowledged to her that they executed the assignment in their authorized capacities as Assistant Secretaries, and that by their signatures, MERS executed the assignment as holder of the Mortgage.

1. This oath attests that the persons who signed the document as Beverly Brooks and Dominique
    Johnson were the real Beverly Brooks and Dominique Johnson who were Assistant Secretaries of
    MERS. 

2. This oath attests that the persons who signed the document as Beverly Brooks and Dominique
    Johnson had the authority, as Assistant Secretaries, to sign on behalf of MERS.

3. This oath attests that the act that is embodied in this document signed by Beverly Brooks and
    Dominique Johnson within their authorities as Assistant Secretaries of MERS, is admitted by
    MERS as its own.

4. This oath attests that MERS had the authority to execute the assignment as the holder of the
    Mortgage and to include in the assignment the note secured by the Mortgage being assigned.

5. This oath attests that all the language of the assignment is true, including the statement
    that the assignment includes the note secured by the Mortgage being assigned.


Examiner’s Comments

Prima Facie Evidence

There is prima facie evidence that the signatures of the assignors’ representatives and the notarizing official on this assignment have been forged or robo-signed or signed by surrogate signers.  Robo-signing on this assignment may require further investigation, although it may not be necessary to prove that felonies have been committed in order to render this assignment null and void from the beginning. 


Verbiage of the Assignment

The assignment includes and purports that it includes the note that is secured by the Mortgage being assigned. The language used indicates the intention of the parties to bind themselves in such accord and to make it known to the public at large (an assignment, being a recordable, and therefore, a public instrument) that the note is covered in the assignment.

A note is a negotiable instrument which can only be transferred by endorsement and the form of an endorsement is prescribed by law. This is known to the parties, or can be presumed to be known by the parties, being financial institutions or entities that were established by financial institutions.

For its part, MERS, the assignor, will already have acquired the authority to endorse the note as a consequence of the verbiage of the assignment. MERS, however, had no such authority. Any authority vested on MERS, if there is any, pertains only to the Mortgage and not to the note. 

A statement that the assignment covers the note secured by the security instrument being assigned is not correct and not true regardless of whether or not the note has actually been endorsed. In this particular case, the lender did not actually endorse the note. An assignment that contains a falsity is null and void from the beginning. 


The Notarial Oath

By her notarial oath in the assignment, the notary public has certified that the persons who signed as Beverly Brooks and Dominique Johnson had authority to act on behalf of MERS, that MERS was the holder of the Mortgage being assigned and that it was the intention of the assignor and BAC Home Loans Servicing, LP, the assignee, to bind themselves to the verbiage, and to make it known to the public, that the assignment covered not only the Mortgage being assigned, but the note secured by it as well. 

1. Under penalty of perjury under the laws of the state of California, Jovida Alvarez-Diaz, the
    notary public notarized this document in spite of her knowledge or without verifying that:

    1.1. The persons who signed the assignment as Beverly Brooks and Dominique Johnson may not
           really be the persons they purported to be.

    1.2. MERS could only have held the Mortgage as nominee for the lender and may only have
           executed the assignment on the lender’s behalf, but it had no authority to include the note
           in the assignment. By including the note in the assignment MERS will have acquired the
           authority to endorse the note. 

    1.3. A note is a negotiable instrument which can only be transferred by endorsement. Thus, a
           statement that the assignment covers the note secured by the security instrument being 
           assigned is not correct and not true regardless of whether or not the note has actually been
           endorsed. In this particular case, the lender did not actually endorse the note.

2. This notarial oath may not have been actually administered and/or signed by the real Jovida
    Alvarez-Diaz who was commissioned to act as notary public in the state of California.

End of article


Other excerpts
Profit on Securitization


Also read
Robo-Signing in General
Information on Robo-Signing Suspects



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