See HSBC v. Hardman, 12-cv-00481 (U.S.D.C., N.D. Illinois, Chang, J). In
this case, the lender was Fremont Investment. Ocwen foreclosed based on a forged assignment, in the name of MERS, of the mortgage in 2011 to a trust that had been closed in 2005. Property Rights Law Group filed affirmative defenses alleging (correctly) that the assignment was the only basis of for Ocwen’s case and that it was forged and that it was invalid because of the date, so Ocwen lacks standing to foreclose. Ocwen settled rather than litigate and modified Mr. Hardman’s mortgage, reducing the monthly payments by 50%.
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