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Posted by Kathy on March 24, 2007 at 05:37:01:
I noticed RSI is very knowledgeable in real estate. So Here's the story. Any help will be very much appreciated.
I live in near ST. Louis, MO, and well beginning of last year I was behind on 2nd mortgage. I tried to reinstate it. But got some idiot on the other end to tell me that when I requested reinstatement I didn't call back next day as I was supposed to. Well this is suppose to be a professional world. If I called and asked once what do I have to call back 100 times more for you to do your job? Anyway could never get reinstatement. So they tried to foreclose in June of last year. In trying to get matter rectified voluntarily before sale I found out they don't know who owns 2nd note on my home. Every bank I was told they sold my note to took no ownership of it.
Servicer was told to stop foreclosure sale. They did...Fast forward because of this and other financial matters we filed bankruptcy in Oct 2006.
Well servicer has put a claim in to be paid from bankruptcy court. Which so far we've fought them being paid. As they are a servicer. And if I want to know who my lender is I'm entitled to know that.
So now in bankruptcy attorney for servicer has shown up to court twice with no paper work showing ownership of note. Of who their representing in their behalf. I've been advised of by my attorney this could be considered a FED VIOLATION...For filing a false proof of claim with a US BANKO CT. As their acting in their best interest without knowing who their representing.
And I spoke to my attorney today and he's talked to their attorney and they still have nothing. So this makes me still not want to pay them anything. I didnt ask them to lose information. They did this on their own. But I think I should have some different issues to sustain as well and an eye opener with everything that's going on today in the foreclosure market right now.
One- Never got a good bye letter when note was sold
two-Never got a hello letter from new lender
3--Illegal foreclosure attempt
4-No assignment was filed with county
5-two different banks reporting between me and my husband
6-didn't notify 1st mortgage lender of them trying to foreclose on home
I'm not gonna lie. I know I created this mortgage note and someone deserves to be paid. But what about the rights of all of us working people?
I've been told this is a case no bankruptcy judge will want to make a decision on. And although my attorney is doing his best he's almost as confused about his next step of action.
Cause who knows how many people this is happening to? Their suppose to know who owns your note before attempting to foreclose.
While I may be off on some of the statements I made above I'm looking for insight. I'm knowledgable and know many knowledgable people in this industry and their all as stumped as I am. As why would I do quiet title and pay them everything off when they don't own my note or who does? Where do servicing rights end on something like this. Are both lenders to be responsible? Or all of them? I've been told the original company who originated it still owns it. I've been told Wells Fargo owns it and Wachovia. But yet not one would take ownership prior to their foreclsoure they tried to take. And still no paperwork besides original deed which was recorded. Which I don't dispute doing. But this prevented me from refinancing or relocating for a better job. As the field I'm in you should be living in NY<CA-NC if you want to be paid the best. And I still can't sell home. Who should be paid as no one wants to payoff something they can't show ownership to. And even if I have someone to payoff my 1st that puts the 2nd in 1st position so I've been advised not to do that as well...Any hope for a quick resolve?
