Accusations of Fraudulent Mortgage Documents Led Citigroup to Settle With Homeowners – ProPublica

Take this case in New York, in which Citigroup‘s mortgage unit, Citimortgage, filed this proof of claim. Both the promissory note and the mortgage produced were agreements between the borrower, Replique D’Amelio, and the lender, Home Loan Center. Citimortgage also included an assignment of mortgage, dated June 24, 2010, to prove that ownership of the mortgage had been transferred to Citimortgage. The homeowner’s attorney objected, however, questioning the validity of the mortgage assignment and noting that bankruptcy proceedings had started June 2, 2010–before the supposed transfer of ownership was executed. “The assignment of mortgage is an attempt to perfect a lien after the commencement of the case and therefore is voidable by this Court,” attorney Linda Tirelli argued in a motion objecting to Citimortgage’s proof of claim. Rather than produce an original assignment to prove its claim, the company chose to settle.