What is this...?

[justcheckingitout]

I was just served by Ditech (mortgage company) for this:

 

5. This is a lawsuit to declare that a deed of trust encumbers defendants property...?

 

What in the world does this mean?

[tiggerlgh]

The deed covers your mortgaged property. I think it’s a standard item on foreclosure filings.

 

Do you have multiple liens on the property?

[justcheckingitout]

No, just have one loan. But they are suing me, but it says nothing about foreclosure. Just something about my name not being on the deed.

Edited November 3, 2017 by justcheckingitout

[Wildchilde36]

Post exactly what the letter says or copy/paste leaving out identifiable information. They will be able to help you better seeing the exact wording.

[tiggerlgh]

Post exactly what the letter says or copy/paste leaving out identifiable information. They will be able to help you better seeing the exact wording.

This!

 

Is this the notice of default and intent to accelerate?

 

What state are you in?

[justcheckingitout]

1. Discovery level 2 Texas Rules of Covil Procedure

2. Ditech, LLC is authorized to do business in the state of Texas

3. Information about where husband resides to serve him.

4. Information about where I reside to serve me.

5. This is a lawsuit to declare that a deed of trust encumbers defendants property located in XXX county.

6. Amount of controversy is within limits. (No amount listed anywhere in paperwork.)

7. Date we filed special warranty deed.

8. Amount and date that we made money transfer to purchase home.

9. For unknown reasons, but patently due to error and mutual mistake, the deed of trust was not signed by the defendant, xxxxx.

10. It was the agreement of the parties that the deed of trust would encumber all rights, titles and interests of defendant xxx in the property.

11. Plaintiff Ditech, is the current holder of the promissory note secured by the deed of trust.

12. Plaintiff Ditech, respectfully requests that the court declare pursuant to Tex. Civ. Prac &I Remember Code 38.001, er seq, that the deed of trust encumbers the property with a first priority purchase money lien, including all rights, titles and interests of defendant in the property beginning retroactively from the deed of trusts original execution date.

[justcheckingitout]

Nowhere on it does it say intent to accelerate or notice of default. This was served by a sheriff. One to me and one to my husband.

[Wildchilde36]

1. Discovery level 2 Texas Rules of Covil Procedure

2. Ditech, LLC is authorized to do business in the state of Texas

3. Information about where husband resides to serve him.

4. Information about where I reside to serve me.

5. This is a lawsuit to declare that a deed of trust encumbers defendants property located in XXX county.

6. Amount of controversy is within limits. (No amount listed anywhere in paperwork.)

7. Date we filed special warranty deed.

8. Amount and date that we made money transfer to purchase home.

9. For unknown reasons, but patently due to error and mutual mistake, the deed of trust was not signed by the defendant, xxxxx.

10. It was the agreement of the parties that the deed of trust would encumber all rights, titles and interests of defendant xxx in the property.

11. Plaintiff Ditech, is the current holder of the promissory note secured by the deed of trust.

12. Plaintiff Ditech, respectfully requests that the court declare pursuant to Tex. Civ. Prac &I Remember Code 38.001, er seq, that the deed of trust encumbers the property with a first priority purchase money lien, including all rights, titles and interests of defendant in the property beginning retroactively from the deed of trusts original execution date.

I would guess and day that #9 means that it was not signed by you (the defendant), meaning you did not sign the paper that says they get their money first if something happens. ON that note... someone more familiar should see this and be able to answer your questions.

[justcheckingitout]

We had a normal closing. I signed where I was told to sign. :-(

It says "You have been sued." On the cover page. This is stressing me out. :-/

[Wildchilde36]

1. Discovery level 2 Texas Rules of Covil Procedure

2. Ditech, LLC is authorized to do business in the state of Texas

3. Information about where husband resides to serve him.

4. Information about where I reside to serve me.

5. This is a lawsuit to declare that a deed of trust encumbers defendants property located in XXX county.

6. Amount of controversy is within limits. (No amount listed anywhere in paperwork.)

7. Date we filed special warranty deed.

8. Amount and date that we made money transfer to purchase home.

9. For unknown reasons, but patently due to error and mutual mistake, the deed of trust was not signed by the defendant, xxxxx.

10. It was the agreement of the parties that the deed of trust would encumber all rights, titles and interests of defendant xxx in the property.

11. Plaintiff Ditech, is the current holder of the promissory note secured by the deed of trust.

12. Plaintiff Ditech, respectfully requests that the court declare pursuant to Tex. Civ. Prac &I Remember Code 38.001, er seq, that the deed of trust encumbers the property with a first priority purchase money lien, including all rights, titles and interests of defendant in the property beginning retroactively from the deed of trusts original execution date.

Was it notarized at the time or before closing? Any other sued for details on the cover page? Texas has a lot of info to be found online regarding special warranty deeds. My son had to do one not long ago. There should be someone on here more familiar with deeds that may reply.

[justcheckingitout]

It must have been notarized at the time. It was 10 years ago, but just a normal closing. We went in and signed a million papers, then left.

The only thing I can think of is the fact that the note is only in my husbands name. We received better financing with just him on it. But that was not a surprise during closing...

[Kuuner]

you are probably on title but not the note? They are just making sure no one comes out of the woodwork and makes claim. Sounds (Looks?) like they are foreclosing inrem and/or judicially because of the error. At the end of the day, one would think that you and/or husband (Current or ex?) know if payments are being made and if they aren't, well, looks like a foreclosure.

[justcheckingitout]

Ok, that may be. Yes, we should be foreclosed on soon.

Is this a foreclosure notice? Should it say that somewhere?

I have read every inch of it and can't find the word "foreclosure." :-/

[Kuuner]

Ok, that may be. Yes, we should be foreclosed on soon.

Is this a foreclosure notice? Should it say that somewhere?

I have read every inch of it and can't find the word "foreclosure." :-/

You are being sued...not foreclosed on. Once they sue you and win, then they will proceed with the foreclosure. They'll get a judgment and then they'll foreclose.