ARE MORTGAGE SERVICERS REQUIRED BY LAW TO TELL US THE ORIGINAL OWNER OR OWNERS OF OUR mORTGAGE NOTE?

[acesfull]

hI aLL

 

cAN i FILE A CIVIL ACTION SUIT AGAINST A MORTGAGE SERVICER FOR NOT PROVIDING ME THE NAME OR NAMES OF THE COMPANY OR INVESTORS THAT ARE HOLDING THE nOTE ON MY PROPERTY? iS IT A fEDERAL LAW TO WHICH THAT NEED TO PROVIDE ME WITH THE CORRECT INFORMATION i AM REQUESTING?

 

tHANK YOU FOR YOUR HELP AND YOUR REPLIES.

 

 

ACESFULL

[acesfull]

Hi All

 

I read that the loan processer must furnish you with the name of the investor or bank holding your note.

 

Not sure if it is a federal, state or local law that would require them to furnish you with the information.

I spoke to a CSR and they said I should send a written request.

 

Just wondering, how many people actually know who holds the note on there property?

 

Thanks

 

acesfull

[sirrowan]

I've not seen anything thing that suggests that by law they must. But I am definitely NOT an expert. I just fell into this stuff by association, lol.

 

I'd be curious to see said law if anyone found it.....

[hurricanesfans27]

Hi All

 

I read that the loan processer must furnish you with the name of the investor or bank holding your note.

 

Not sure if it is a federal, state or local law that would require them to furnish you with the information.

I spoke to a CSR and they said I should send a written request.

 

Just wondering, how many people actually know who holds the note on there property?

 

Thanks

 

acesfull

 

 

no law that im aware of but they must actually produce the note in its original form if they want to prove ownership of said mortgage and have the right to foreclose.

[tiggerlgh]

No law that I am aware of. Besides it doesn't sound like they have denied you this information, there procedures just ask it to be in writing, so if you want this information send them a letter requesting it.

[bonbonXO]

You could spin as Qualified Written Request:

Your request may fall under RESPA section 6 (Federal)

If QWR is not handled properly, you may be awarded damages, I believe they are capped at $1,000, because of this QWR are usually are addressed quickly. I could be wrong on the damages it has been several months since I have read up on this.

http://www.hud.gov/offices/hsg/ramh/res/reslettr.cfm

I am no expert either but it does seem to me we do have the right to know who really is holding the note for our homes...call me crazy.

Personally I would not follow the suggested format. I would omit the:

This is a "qualified written request" under Section 6 of the Real Estate Settlement Procedures Act (RESPA).

and the closing remark;

I understand that under Section 6 of RESPA you are required to acknowledge my request within 20 business days and must try to resolve the issue within 60 business days.

 

I have always found it better to appear to not know what the heck you are doing (and sometimes I don't) and are just looking for information, but this is just me.

[acesfull]

iTS BEEN TEN DAYS, BUT i SENT AHMSI A CERTIFIED LETTER REQUESTING THE NAME OR NAMES OF THE ORIGIONAL NOTE HOLDERS.

 

tHEY HAVE NOT RESPONDED YET TO MY WRITTEN REQUEST.

 

I AM HOPING THEY CANNOT PRODUCE THE ORIGINAL NOTE. aLSO ANY AND ALL INVESTORS NAMES LISTED ON THE NOTE FOR PROOF OF OWNERSHIP MUST BE PRIVILIGED TO THE COURT PROCESSING THAT ARE TAKEN. hE CAN ALSO BE CALLED AS A WITNESS IN THE PROCEEDINGS.

 

THE PRODUCE THE NOTE STRATAGIC IS GETING SOME ATTENTION FROM SAVVY LAWYERS THAT WILL INCLUDE THIS MENTHOD AS PART OF THERE DEFENDS FOR STRUGGLING HOMEOWNERS.

[hurricanesfans27]

iTS BEEN TEN DAYS, BUT i SENT AHMSI A CERTIFIED LETTER REQUESTING THE NAME OR NAMES OF THE ORIGIONAL NOTE HOLDERS.

 

tHEY HAVE NOT RESPONDED YET TO MY WRITTEN REQUEST.

 

I AM HOPING THEY CANNOT PRODUCE THE ORIGINAL NOTE. aLSO ANY AND ALL INVESTORS NAMES LISTED ON THE NOTE FOR PROOF OF OWNERSHIP MUST BE PRIVILIGED TO THE COURT PROCESSING THAT ARE TAKEN. hE CAN ALSO BE CALLED AS A WITNESS IN THE PROCEEDINGS.

 

THE PRODUCE THE NOTE STRATAGIC IS GETING SOME ATTENTION FROM SAVVY LAWYERS THAT WILL INCLUDE THIS MENTHOD AS PART OF THERE DEFENDS FOR STRUGGLING HOMEOWNERS.

 

 

 

Its been used for a few years now to delay the foreclosure. Some homeowners are reaching a point where they can get their mortgages canceled due to SOL.

[acesfull]

iTS BEEN TEN DAYS, BUT i SENT AHMSI A CERTIFIED LETTER REQUESTING THE NAME OR NAMES OF THE ORIGIONAL NOTE HOLDERS.

 

tHEY HAVE NOT RESPONDED YET TO MY WRITTEN REQUEST.

 

I AM HOPING THEY CANNOT PRODUCE THE ORIGINAL NOTE. aLSO ANY AND ALL INVESTORS NAMES LISTED ON THE NOTE FOR PROOF OF OWNERSHIP MUST BE PRIVILIGED TO THE COURT PROCESSING THAT ARE TAKEN. hE CAN ALSO BE CALLED AS A WITNESS IN THE PROCEEDINGS.

 

THE PRODUCE THE NOTE STRATAGIC IS GETING SOME ATTENTION FROM SAVVY LAWYERS THAT WILL INCLUDE THIS MENTHOD AS PART OF THERE DEFENDS FOR STRUGGLING HOMEOWNERS.

 

 

 

Its been used for a few years now to delay the foreclosure. Some homeowners are reaching a point where they can get their mortgages canceled due to SOL.

Is there caselaw to prove that mortgages are being rescinded for SOL? That would be great. Need to look into that.

Thanks

acesfull

[hurricanesfans27]

iTS BEEN TEN DAYS, BUT i SENT AHMSI A CERTIFIED LETTER REQUESTING THE NAME OR NAMES OF THE ORIGIONAL NOTE HOLDERS.

 

tHEY HAVE NOT RESPONDED YET TO MY WRITTEN REQUEST.

 

I AM HOPING THEY CANNOT PRODUCE THE ORIGINAL NOTE. aLSO ANY AND ALL INVESTORS NAMES LISTED ON THE NOTE FOR PROOF OF OWNERSHIP MUST BE PRIVILIGED TO THE COURT PROCESSING THAT ARE TAKEN. hE CAN ALSO BE CALLED AS A WITNESS IN THE PROCEEDINGS.

 

THE PRODUCE THE NOTE STRATAGIC IS GETING SOME ATTENTION FROM SAVVY LAWYERS THAT WILL INCLUDE THIS MENTHOD AS PART OF THERE DEFENDS FOR STRUGGLING HOMEOWNERS.

 

 

 

Its been used for a few years now to delay the foreclosure. Some homeowners are reaching a point where they can get their mortgages canceled due to SOL.

Is there caselaw to prove that mortgages are being rescinded for SOL? That would be great. Need to look into that.

Thanks

acesfull

 

 

nothing that i can find. ms april charney is fixing to use it in florida sometime early 2010 when the 5 years are up for some of her clients

[RaginBajin]

First, you are never going to find out who is the investor of your mortgage. The actual investor has been sold and bought and sold and bought through multiple MBS sales.

 

Now, go down to the county recorder and pull your mortgage and notes. Who ever is listed at that moment on the note and mortgage is LEGALLY the owner of the mortgage. If you have another mortgage company that you are paying and it's not the same as the one on the note and mortgage and they file foreclosure, you have a very big case to shut down that foreclosure and have it recinded (basically remove the mortgage off the note).

 

Case Law has just been made for this:

 

State of New York

Deutsche Bank National Trust Company vs Debra Abbate, CARMELA ABBATE, KIM FIORENTINO

“At the time that the plaintiff improperly commenced the action, the pathway to the Courthouse should have been blocked. Deutsche Bank had no legal foundation to foreclose a mortgage in which it had no interest

 

where there is no evidence that plaintiff, prior to commencing the foreclosure action, was the holder of the mortgage and note, took physical delivery of the mortgage and note, or was conveyed the mortgage and note by written assignment, an assignment’s language purporting to give it retroactive effect prior to the date of the commencement of the action is insufficient to establish the plaintiff’s requisite standing.

 

 

State of Kansas

LANDMARK NATIONAL BANK v. BOYD A. KESLER

The Court said simply that MERS — or any nominee†didn’t have any interest and proves its point by reference to simple statements in the documents and the simplest of laws and interpretation of the role of MERS and the requirements of recordation. The splitting of the note and mortgage creates an immediate and fatal flaw in title.

 

State of Arkansas

MORTGAGE ELECTRONIC REGISTRATION SYSTEM, INC., APPELLANT, VS. SOUTHWEST HOMES OF ARKANSAS, APPELLEE

 

 

 

Basically, your mortgage is probably assigned to a company called MERS (Mortgage Electronic Registration System). They have no interest or rights in your property. They were considered a holding company for mortgages or a clearinghouse. Well the State of Kansas and even MERS in Michigan said that they don't own the mortgage. This means that if they don't own the mortgage, then who does? Without any proof of that and legal recordings (after the fact or right before foreclosure is now being scruntized) have to be completed and if they are not, who ever is coming and submitting a foreclosure has no legal right to do so. I suggest you lawyer up and start reading this website: http://livinglies.wordpress.com/ He has a list of lawyers who know what they are doing.

 

It's time to fight these big companies who think because they have money they can do whatever whenever they want and that the law doesn't apply to them.

[perryswoman]

First, you are never going to find out who is the investor of your mortgage. The actual investor has been sold and bought and sold and bought through multiple MBS sales.

 

Now, go down to the county recorder and pull your mortgage and notes. Who ever is listed at that moment on the note and mortgage is LEGALLY the owner of the mortgage. If you have another mortgage company that you are paying and it's not the same as the one on the note and mortgage and they file foreclosure, you have a very big case to shut down that foreclosure and have it recinded (basically remove the mortgage off the note).

 

Case Law has just been made for this:

 

State of New York

Deutsche Bank National Trust Company vs Debra Abbate, CARMELA ABBATE, KIM FIORENTINO

“At the time that the plaintiff improperly commenced the action, the pathway to the Courthouse should have been blocked. Deutsche Bank had no legal foundation to foreclose a mortgage in which it had no interest

 

GREAT INFO!

 

where there is no evidence that plaintiff, prior to commencing the foreclosure action, was the holder of the mortgage and note, took physical delivery of the mortgage and note, or was conveyed the mortgage and note by written assignment, an assignment’s language purporting to give it retroactive effect prior to the date of the commencement of the action is insufficient to establish the plaintiff’s requisite standing.

 

 

State of Kansas

LANDMARK NATIONAL BANK v. BOYD A. KESLER

The Court said simply that MERS — or any nominee†didn’t have any interest and proves its point by reference to simple statements in the documents and the simplest of laws and interpretation of the role of MERS and the requirements of recordation. The splitting of the note and mortgage creates an immediate and fatal flaw in title.

 

State of Arkansas

MORTGAGE ELECTRONIC REGISTRATION SYSTEM, INC., APPELLANT, VS. SOUTHWEST HOMES OF ARKANSAS, APPELLEE

 

 

 

Basically, your mortgage is probably assigned to a company called MERS (Mortgage Electronic Registration System). They have no interest or rights in your property. They were considered a holding company for mortgages or a clearinghouse. Well the State of Kansas and even MERS in Michigan said that they don't own the mortgage. This means that if they don't own the mortgage, then who does? Without any proof of that and legal recordings (after the fact or right before foreclosure is now being scruntized) have to be completed and if they are not, who ever is coming and submitting a foreclosure has no legal right to do so. I suggest you lawyer up and start reading this website: http://livinglies.wordpress.com/ He has a list of lawyers who know what they are doing.

 

It's time to fight these big companies who think because they have money they can do whatever whenever they want and that the law doesn't apply to them.

[Mayor]

iTS BEEN TEN DAYS, BUT i SENT AHMSI A CERTIFIED LETTER REQUESTING THE NAME OR NAMES OF THE ORIGIONAL NOTE HOLDERS.

 

tHEY HAVE NOT RESPONDED YET TO MY WRITTEN REQUEST.

 

I AM HOPING THEY CANNOT PRODUCE THE ORIGINAL NOTE. aLSO ANY AND ALL INVESTORS NAMES LISTED ON THE NOTE FOR PROOF OF OWNERSHIP MUST BE PRIVILIGED TO THE COURT PROCESSING THAT ARE TAKEN. hE CAN ALSO BE CALLED AS A WITNESS IN THE PROCEEDINGS.

 

THE PRODUCE THE NOTE STRATAGIC IS GETING SOME ATTENTION FROM SAVVY LAWYERS THAT WILL INCLUDE THIS MENTHOD AS PART OF THERE DEFENDS FOR STRUGGLING HOMEOWNERS.

I prob gurantee you 100% they have a scanned copy of your NOTE in there system. We keep PDF copies of everything at closing. As far as investors you can write and they should let you know who your investor is. If it's a GSE we will tell you over the phone.

[sirrowan]

First, you are never going to find out who is the investor of your mortgage. The actual investor has been sold and bought and sold and bought through multiple MBS sales.

 

Now, go down to the county recorder and pull your mortgage and notes. Who ever is listed at that moment on the note and mortgage is LEGALLY the owner of the mortgage. If you have another mortgage company that you are paying and it's not the same as the one on the note and mortgage and they file foreclosure, you have a very big case to shut down that foreclosure and have it recinded (basically remove the mortgage off the note).

 

Case Law has just been made for this:

 

State of New York

Deutsche Bank National Trust Company vs Debra Abbate, CARMELA ABBATE, KIM FIORENTINO

“At the time that the plaintiff improperly commenced the action, the pathway to the Courthouse should have been blocked. Deutsche Bank had no legal foundation to foreclose a mortgage in which it had no interest

 

where there is no evidence that plaintiff, prior to commencing the foreclosure action, was the holder of the mortgage and note, took physical delivery of the mortgage and note, or was conveyed the mortgage and note by written assignment, an assignment’s language purporting to give it retroactive effect prior to the date of the commencement of the action is insufficient to establish the plaintiff’s requisite standing.

 

 

State of Kansas

LANDMARK NATIONAL BANK v. BOYD A. KESLER

The Court said simply that MERS — or any nominee†didn’t have any interest and proves its point by reference to simple statements in the documents and the simplest of laws and interpretation of the role of MERS and the requirements of recordation. The splitting of the note and mortgage creates an immediate and fatal flaw in title.

 

State of Arkansas

MORTGAGE ELECTRONIC REGISTRATION SYSTEM, INC., APPELLANT, VS. SOUTHWEST HOMES OF ARKANSAS, APPELLEE

 

 

 

Basically, your mortgage is probably assigned to a company called MERS (Mortgage Electronic Registration System). They have no interest or rights in your property. They were considered a holding company for mortgages or a clearinghouse. Well the State of Kansas and even MERS in Michigan said that they don't own the mortgage. This means that if they don't own the mortgage, then who does? Without any proof of that and legal recordings (after the fact or right before foreclosure is now being scruntized) have to be completed and if they are not, who ever is coming and submitting a foreclosure has no legal right to do so. I suggest you lawyer up and start reading this website: http://livinglies.wordpress.com/ He has a list of lawyers who know what they are doing.

 

It's time to fight these big companies who think because they have money they can do whatever whenever they want and that the law doesn't apply to them.

 

While that's awesome for other states, Ohio STATE courts give the lenders the right to "cure" their issues to "perfect" their liens. Ohio law states that in a nutshell (unless I've misread it repeatedly) that the rightful owner must be recorded for conveyance purposes. That means that as long as they have the right isht recorded by the time the sale occurs, they are peachy keen. But honestly, they even allow "cure" of "imperfections" AFTER the conveyance.

 

Did I mention that Ohio sort of sucks? Sorry, I'm too lazy to pull the case law and ORC statutes that state such.

[Ben1]

Does anyone know if a Servicer as assignee is also owner of the note before it is foreclosed. Or if they are suppose to have a record when they received the note, how, and from whom. We see a generic affidavit that they have seen the computer records and can attest that they have had the original note and mortgage. Yet, none will state where they got it from, how, and where it was stored and have they actually seen the original documents. This is a major issue that will help many homeowners to fight back against lender's standings and save their houses. No one wants to shed light.

 

I am defending my foreclosure and looking to find out Mortgage Servicer's obligation and document retention records at time of foreclosure. I appreciate if anyone can assist.

 

Thank you,

Ben

[hegemony]

18 hours ago, Ben1 said:

Does anyone know if a Servicer as assignee is also owner of the note before it is foreclosed. Or if they are suppose to have a record when they received the note, how, and from whom. We see a generic affidavit that they have seen the computer records and can attest that they have had the original note and mortgage. Yet, none will state where they got it from, how, and where it was stored and have they actually seen the original documents. This is a major issue that will help many homeowners to fight back against lender's standings and save their houses. No one wants to shed light.

 

I am defending my foreclosure and looking to find out Mortgage Servicer's obligation and document retention records at time of foreclosure. I appreciate if anyone can assist.

 

Thank you,

Ben

have you consulted an attorney with good knowledge on these matters?