When is a loan modification fraud and who is responsible?

[Frank Guzman]

Owner of 2nd mortgage started foreclosure 2018 for non-payment and was pulled into Chapter 13 BK. BK Judge released BK hold to allow foreclosure by me after I proved the Original owner had quit-claimed property to another party 8 years ago. After I read BK filing by Original owner I noted modification of original first mortgage 6 years after "recorded quitclaim deed" to another party who had not assumed the loan nor notified first mortgage lender of transfer of ownership.  The modification increased the Original loan by at least $25,000 over where it should have been at time of my foreclosure. In fact the Original owner specifically noted on modification under penalty of perjury that they had not transferred ownership of property. Is there a legal or statutory obligation that loan processor or underwriter MUST verify ownership of mortgaged property before issuing loan modification as the 2016 modification did not release the Original loan?

[Tom Gimer]

As much as we'd like to, I don't think anybody here can actually help you without seeing the title report and perhaps the BK docket.