Legal Question in Real Estate Law in Massachusetts
i am in a foreclosure mess. the question i have is about the law firm handling my foreclosure. our mortgage was assigned in 2010 to a securitized trust which closed in 2006 (remic trusts cant acquire assets after they close) . on the assignment is a person signing and claiming to be assistant vice president of mers. i did some research, and this same person has signed other documents in other foreclosures as an employee of the law firm trying to forclose on my house. my question is this: can a person be a vp of mers while also being an employee of the law firm trying to take my house? it seems to me a conflict of interest exists whereas the person could pretty much produce any documents the law firm needs from mers with little or no scrutiny. the reliability of these documents would be immediately called into question, no? theres a big question as to who actually owns my mortgage/note and issues i have which go much deeper than this. can a person wear 2 hats like this? ethically or legally?
3 Answers from Attorneys
It does not sound correct. MERS usually appoints certain people to sign documents. I have never seen a local attorney sign for MERS unless he has a Power of Attorney.
You need to contact an attorney to assist you or a Mortgage Modification group.
You really need to discuss your case with a Foreclosure Defense and Recovery attorney immediately. This is s very complex legal area and not one for DYI lawyering. For more important discussion see:
1) Foreclosure Recovery.wmv
and
2) royalfamilyofamerica.com Part 2
You may have many legal options, but you'll need help. Good Luck..
See both videos at You Tube....
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