Beyond simply identifying defective assignments, strategic homeowners can launch affirmative challenges — quiet title actions, motions to strike, and even counterclaims for wrongful foreclosure — based on fraudulent or void assignments. At Dream Financial Management, we help homeowners in all 50 states turn assignment defects into case-winning offense.
Raising assignment defects as affirmative defenses is reactive — you're responding to their complaint. Going on offense means filing your own claims: quiet title to remove a cloud on your title caused by a fraudulent assignment, or a counterclaim for wrongful foreclosure based on knowing use of a robo-signed assignment. Offensive strategies create leverage and potential damages.
File a motion to strike the assignment from evidence, arguing it's inadmissible hearsay (business records exception requires a proper foundation that robo-signed documents often lack), lacks authentication, or is void on its face. If the assignment is stricken, the plaintiff may lose a critical link in their chain of title.
File a separate action (or counterclaim) to quiet title — asking the court to declare that a fraudulent or void assignment creates a cloud on your title that should be removed. This is powerful because it puts the lender on defense in a case you initiated.
If the foreclosure was initiated based on a knowingly false assignment, assert a counterclaim for wrongful foreclosure. Damages can include attorney fees, emotional distress, and punitive damages. A lender facing liability is more motivated to settle.
Notice the deposition of the person who signed the assignment. Ask: How many assignments do you sign per day? Did you review the loan file before signing? Who prepared the assignment? Do you know if the assignor actually owned the loan? Most robo-signers cannot answer these questions — their testimony can invalidate the assignment.
Dream Financial Management identifies assignment defects and builds offensive strategies.
Complete guide to mortgage assignments.
Challenge the plaintiff's right to foreclose.
Trace and challenge broken chains.
Sue for wrongful foreclosure.
Where assignment challenges fit.
Complete defense catalog.