Lost notes have created problems for several mortgage firms that have been trying to foreclose. Courts around the country have been ruling in favor of mortgage lenders in cases involving the Mortgage Electronic Registration Systems Inc. — especially in Oregon. Other lawsuits involving disputed title have emerged from criminal actions tied to mortgage fraud and fraudulent or botched lien releases.
Connecticut real estate developer Andrew Kissel was indicted in July 2005 for $ 6.4 billion in mortgage fraud. Kissel whose brother Robert was allegedly murdered by his wife in 2003, was himself found murdered in April 2006.
Among Kissel’s alleged crimes was the fraudulent release of a lien on a $ 1,620,800 mortgage made in July 2004 by Washington Mutual Bank in order to obtain a new $ 4.5 million first mortgage on his Greenwich, Conn., home from Hudson Valley Bank in March 2005.
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