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Many foreclosure cases have been thrown out by judges because of this blatant fraud as the assignments fail to prove the plaintiffs had legal standing to foreclose. The assignment on my mortgage is chock full of fraud.... She has signed as VP or assistant secretary for other lenders such as IndyMac, Deutsche Bank, Wells Fargo, Citi and others which is clearly fraud. Also, it was recorded February 27, 2008 but not SIGNED until March 5th! There is an attorney, Lyn Szymoniak, who will examine assignments for fraud and then prepare affidavits on your behalf to use as a defense in court. Many foreclosure cases have been thrown out by judges because of this blatant fraud as the assignments fail to prove the plaintiffs had legal standing to foreclose. Our loan origionated with union planters in 2003, with GMFS, LLC as the servicer, Feb of 2004, loan sold to Household Financial. July 1, 2004, Union Planters merged with Regions Financial, and ceased business as Union PLanters. On Feb 27, 2008, Corporate Assignment filed by MERS with it being the assignor for Union Planters, and the assignee being Household, who was later absorbed into HSBC, the Assignment was requested and prepared by HSBC, then they filed a substitute Assignment the very next dat, 28, Feb, 2008 and initiated a foreclosure (we are in a non judicial state). We used our savings and got out of that, then recieved a NOD in April 15, 2010, and MERS did another substitute assignment on April 30, 2010, we got a notice of sale on May 18, 2010 stating sale on June 15, 2010. We are working with an attorney to get a MOD during this process. I know for sure HSBC is the servicer of the loan, but would they have the note if they now own Household?? I am open to any suggestions as to what our next step should be. I think your next step (after apply for loan what Sally suggests) is to find an attorney. I know you can do it yourself, BUT as you said the clock is ticking. It cracks me up that in their legal primer they claim victory , yet these victories are no recent than 2007!

If its been assigned a gazillion times and MERS is direct loan services involved, guess what? To find an attorney who gets it check out the living lies site. The problem is that not a lot of judges are getting it or lawyers. As such, this case can and should be cited in similar legal proceedings. The tragedy in my own case is that my pro bono lawyer completely and totally failed to spot the red flags in the assignment, and cost me my house.

I can ask for and get a continuance in the unlawful detainer hearing.

Another thing I can do is file BK and sue for wrongful foreclosure as an adversarial proceeding.


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Since 2007, the LoanSafe forums have helped millions of homeowners over the last 13 years either save their homes with a loan modification, obtain a short sale, forbearance, or walk away legally from their underwater mortgages. PDS, I thought we were filing a class action lawsuit, then the attorneys backed out. I am thinking that if you all do this right, principle reductions and rock bottom interest rates. Hello, I am new to this site, I read a lot about a possible class action suit against several banks or servicers. Could you please update me as to the status of this? I have a jumbo mortgage that is serviced by Saxon and it is personal loan rate comparison a MERS classification. You can look it up on the MERS site (however, this only tells you who services your loan but if it is listed here, then you know that MERS has been used to record activities related to your note being transferred): I just checked this morning, and our loan is listed on MERS as active, with Wells as the servicer. This house was foreclosed (sold at auction) on October 6. I just checked this morning, and our loan is listed on MERS as active, with Wells as the servicer. This house was foreclosed (sold at auction) on October 6. Well, I am not an attorney but I have been reading the headlines about MERS and recent rulings in several states that MERS does not have any right to foreclose in those states or jurisdictions.

We may also see cases where after the foreclosure has occured, that the borrower be compensated somehow for wrongfully being foreclosed on.

I would be sure to talk to an attorney and look into this matter, even if you really do not want the house. You never know, but you may win for some kind of damages. At the very least, you may help set a precedent for other homeowners. I hope that whatever happens, you will be able to move on in your life and find peace and happiness.

You never know, but you direct loan services may win for some kind of damages.

At the very least, you may help set a precedent for other homeowners. But I sure would like to have some of that money I sent them all those years just to be foreclosed on!!

Foreclosure paperwork was just filed- but not from BOA- from some bank we have never heard of even though BAC is still listed as the servicer. ALSO- MERS is listed as direct loan services a DEFENDANT alongside us- there is also another family listed- Any ideas or thoughts? Have you gone to the MERS website and looked at who they say holds the note? From what I know of MERS they are the party who supposedly holds the note for the owner. Get thr trail, you can make the next move after that Yes- the MERS website says BAC which is Bank of America but I am reading that this other bank (BNY Mellon) is affiliated with BAC somehow?

I believe that means that MERS acting for BOA os the only one who can foreclose.

Where you able to follow the trail of the sale of best deals on loans your loan?

Is there a clause in you Deed of Trust that they must notify you before they sell or tranfer the loan?

It is very odd that the bank is naming MERS as a defendant in the foreclosure??? If anyone has any input as to why MERS would be named as a defendant AND there is another family included in the suit (we have no idea who they are- they have nothing to do with our loan or the sale of our house), it would be much appreciated. Yes, I have been lurking for a long while and other threads have been very helpful. I am pretty sure we can take part in the class action so I posted here.

Side note- we are listed as defendants, MERS is listed as a defendant- the bank is the plaintiff so it would not cash loans houston seem that MERS is representing BOA as why would they be listed as a defendant and not the plaintiff? Here in MD you can do a land record search and see what has happened with the Deed Title etc.

I would send them a Qualified written Request asking all of this information lifestar - have you sent in a Qualified Written Request? Basically the people who foreclose on you have to have your note. Our loan origionated with union planters in 2003, with GMFS, LLC as the servicer, direct loan services Feb of 2004, loan sold to Household Financial. July 1, 2004, Union Planters merged with Regions Financial, and ceased business as Union PLanters.

On Feb 27, 2008, Corporate Assignment filed by MERS with it being the assignor direct loan services for Union Planters, and the assignee being Household, who was later absorbed into HSBC, the Assignment was requested direct loan services and prepared by HSBC, then they filed a substitute Assignment the very next dat, 28, Feb, 2008 and initiated a foreclosure (we are in a non judicial state). We used our savings and got out of that, then recieved a NOD in April 15, 2010, and MERS did another substitute assignment on April 30, 2010, we got a notice of sale on May 18, 2010 stating sale on June 15, 2010. We are working with an attorney to get a MOD during this process. I know for sure HSBC is the servicer of the loan, but would they have the note if they now own Household?? I am open to any suggestions as to what our next step should be. Since 2007, the LoanSafe forums have helped millions of homeowners over the last 13 years either save their homes with a loan modification, obtain a short sale, forbearance, or walk away legally from their underwater mortgages.

Backdated assignment, survives MTD for wrongful foreclosure, UCL and quiet title. All claims survive, FDCPA, negligence, RESPA, UCL Next installment.

Once again lacking the organization I would have liked. Landmark case, great ruling from the appellate court but unfortunately being viewed as a minority point of view by many other courts for instance the next case which cited Glaski. Wrongful foreclosure survived instead because sale of the DOT (after origination to a securitized trust) precluded the bank from retaining any beneficial interest.

The HOA should have accepted the payment, which would have brought homeowners current and tolled the 12-month clock that allows HOAs to proceed with foreclosures. In this second, published, version of the case, the same appellate division panel restated its first opinion as a published opinion with modifications , 217 Cal. Here, the borrower alleged that their HOA had not strictly complied with the relevant notice requirements. The Court of Appeal found that all four statutes require strict i want to borrow money compliance and ordered summary judgment for the borrower. Challenging an assignment has become increasingly well, challenging in California courts. Complaint alleges that the documents used to execute this non-judicial foreclosure were faulty because never possessed title and documents are void. It would be unjust to retain money procured through fraudulent or unenforceable documents. Since 2007, the LoanSafe forums cash advance charlotte nc have helped millions of homeowners over the last 13 years either save their homes with a loan modification, obtain a short sale, forbearance, or walk away legally from their underwater mortgages. Alot of members have been asking this question in regards to being able to record the conversations with their lenders. I had come across this article in my research on this subject. It was initially put together for journalists who cash in 1 hour have to ask this question everyday in their line of work. I hope that it can help the members of LoanSafe to be able to look up their states laws regarding taping the conversation.

At first, the question of whether or not to tape record a phone call seems like a matter of personal preference.