A clerk, paralegal, attorney or title officer/agent signing the assignments of mortgages in volume - Is this a Robo-signing? Its hard to say. How do you go about proving that the signor on these documents is a Robo-signer. Besides presenting signature and position mismatch on varies assignments, as well as, notary mis-acknowlegdements, there is another more scientific way to demonstrate if a signer is a Robo-signed documents.

New method: Count the number of assignments executed in the single day by finding these documents in all accessible counties/states, where the signor operated their business. I know it’s tough, costly and practically impossible, however it was done before. ProTitleUSA managed to perform this search and results were astonishing.

ProTitleUSA selected a random date to find all assignments in few selected states where the signer was licensed to operate. After 2 weeks worth of research and finding searchers who can (or willing) examine the documents in the county records by recording date and instrument type only, we came up with book/page or instrument references to 115 assignments signed by same individual in a given day. Do the math: This would translate to around 1 assignment signed every 5 minutes in 8 working hours (without bathroom breaks).

To execute an assignment properly, the signor has to:

               1. Review the property address

2. Borrower names

3. Originating Lender

4. Prior mortgage references and dates of the original mortgage

5. Chain of Assignment on the current title work

6. Assignor name

7. Violation of Pooling and Servicing Agreement by Assignor, if any

8. Presence of Power of Attorney if signed as Attorney-in-Fact

9. Corporate resolution for MERS or any other institution signed for

10. Assignee Name

11. For assignment to a Trustee for a Trust, verify Trust existence

After signor's review and signature, the notary should

            1. Acknowledge the ID of the signer or see corp resolution to verify the signor’s authority to sign

            2. Stamp and co-sign the document

           3. Make an entry in the notary ledger

Can everything above be done in 5 minutes per assignment, I doubt it. Therefore, corners would need to be cut to maintain a pipeline of signing documents. This method to Robo-signer exposure would be an interesting twist in foreclosure court, where the Plaintiff (the trustee) would need to open up the corporate methods (assignment pipeline) used to show that the above is feasible.

Robo-signer today may be a clerk of the law firm tasked with signing the documents and reviewing them to be in the recordable format, but never review them using the review criteria above. Robo-signer would only know their work-flow and never would think to look “outside of the box”. Your opinion is greatly appreciated , do leave a comment.