Greetings! An affidavit is a "declaration of truth" and is a general
document. A sample:
Affidavit
Declaration of Truth
_____________ state )
) S.S.
_____________ county )
I, ___________________________, the Undersigned, do hereby affirm the
following, pursuant to James 5:12, "But above all things my
brethren, swear not, neither by heaven, neither by the earth, neither
by any other oath, but let your yea be yea, and your nay, nay; lest ye
fall into condemnation."
First:
That I am ___________________________; that I am over the age of
twenty-one years, and am competent to testify to My first-hand
knowledge of the facts herein, and that the statements herein made
by Me are true of My own first-hand knowledge, unless otherwise stated
herein. Yea.
Second:
Type a single fact here. Remember to not speculate, or go into long
winded explanations. Keep your facts simple. Write in the first-
person (I saw, I heard, I did, etc.)
Third:
Write as many paragraphs as it takes to make your point. Remember to
stay on point, and keep it simple.
Lastly:
That I have made these statements for the purpose of giving notice to
the public of the facts stated herein, and not for the purpose of
waiving any Right or Immunity. I do hereby reserve all rights given
Me by the One True God.
Witnesses:
_________________________ ____________________________
, affiant
_________________________
On this ______________ day of the ________________ month, in the year
of Our Lord, Nineteen hundred ninety-six, in the Two hundred twentieth
year of Our Independence, the foregoing document was affirmed before
me, a Notary Public, by _______________________, in and for the county
and state above written, and He did affirm to me that He is literate,
and competent to make This Affidavit without the assistance of a
Notary, therefore, no benefit was received therefrom.
____________________________
Notary Public
My commission expires: __________________
Notary for _______________ county,
________________________ republic
Prepared by: __________________________
Mail/Post location: _________________________________________________
Now, a missing assignment is when a mortgage is transferred down a
chain of people but one of the people fails to properly record it.
This results in the last person holding the mortgage to not be able to
collect on it. A concise explanation from a lawyer:
"The Missing Assignment Dilemma
"It is an all too familiar story. Lender A originates a note secured
by a mortgage or deed of trust and sells it on the secondary market to
Lender B. Lender B then sells the mortgage to Lender C who sells it to
Lender D. In each case, the seller endorses the note, reflecting the
transfer to the new buyer. However, while Lender A recorded an
assignment to Lender B, and Lender C recorded an assignment to Lender
D, Lender B failed to record an assignment to Lender C. When the note
goes into default, Lender D sends the loan to its foreclosure
attorney, a title check is made, and Lender D is advised that there is
a problem. It is known as the "missing assignment" problem.
"In all but a handful of states, Lender B's failure to record the
assignment causes havoc in the disposition of the mortgage. The
failure to record places the interest claimed by Lender D as outside
the chain of title; a legal nullity in most states. Lender D cannot
sell, encumber, release or foreclose on the mortgage. In short, it is
as if Lender D held no interest in the mortgage."
Although there are no samples of an "affidavit of missing assignment"
because of the specificity of parties, I suppose, all you would have
to do would be to obtain an affidavit from the official handling
mortage transfers to attest to the fact that "we show know transfer of
record from person 3 to person 4".
Using the sample above, simply gather your facts to present a lawful
affidavit. Also note that this answer is intended as a general
discussion and should not be construed or used as legal advice or a
legal opinion. For legal advice, consult an attorney.
For speculative instance:
Second:
"John Doe's mortgage was not recorded in the county of ___ as pursuant
to the laws of the state."
Type a single fact here. Remember to not speculate, or go into long
winded explanations. Keep your facts simple. Write in the first-
person (I saw, I heard, I did, etc.)
Third:
[Here, the person who signs the affidavit would explain how and why
they know this information to be true.]
Write as many paragraphs as it takes to make your point. Remember to
stay on point, and keep it simple.
I hope this information proves of assistance to your quest.
SEARCH TERMS and LINKS:
affidavit sample [Google search]
://www.google.com/search?hl=en&lr=&ie=ISO-8859-1&q=affidavit+sample
Sample Affidavit, No Oath - The Lawful Path - Affidavit Sample (posted
above)
http://land.netonecom.net/tlp/ref/smpafd0.shtml
Affidavit sample form [a variation of the one posted above]
http://www.money-at-home.com/affidavit.htm
"missing assignment" [Google search]
://www.google.com/search?hl=en&lr=&ie=ISO-8859-1&q=%22missing+assignment%22&btnG=Google+Search
The Missing Assignment Dilemma "What to do when the Chain Breaks"
[excellent explanation of missing assignment and what to do]
http://www.wolffirm.com/publications/19.htm |
