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Is it because they are not in possession of the so called note or instrument? It has been baffling to me why every month it gets postponed and why this has been going on for a little over a year already. I now have the place rented to a friend and would like for this to go on as long as possible. Just found an assignment from MERS to Deutch Bank in May 2011 in the county records. So Mers is involved in this mortgage as well as my primary residence in New Jersey. I did also come across the Mortgage Deed of Trust instrument which was originally with Wells Fargo. Very baffled by all of this can anyone enlighten me as to what is possibly going on....

I just initiated the short sale process, but not sure if it is even the right thing to do. The comments by me and the materials available at sos loans this web site are for informational purposes only and not for the purpose of providing legal advice. Most of the information you find here is easily available on the internet. You should contact your attorney to obtain advice with respect to any particular issue or problem. The opinions expressed at or through this site are the opinions of the individual author and may not reflect the opinions of the firm or any individual attorney. Why would I shell out that money when I knew I was smart enough to figure it out myself. In non-judicial states you can require the trustee to verify a comprehensive list of issues related to the legal nature of the foreclosure proceedings enacted by the lender, which as a byproduct, you as the homeowner still retain full ownership of the property and live there comfortably. Since the trustee assumes the liability in auctioning the property, they will not foreclose on the property if there is a potential violation pointed out to them prior to the Auction Sale Date as they could face sanctions. To institute no money down loans a valid foreclosure proceeding, they must be able to establish compliance with CCC 3-301, at commencement of quick easy cash the foreclosure proceeding, the recording of the notice of default, and throughout the proceedings until sale date. So then the following most basic requirements of CCC 3-301(a) or CCC 3-301(b) must be met: 3-301(a), Holder of the instrument: Was the entity filing the Notice of Default and subsequent actions, the Holder of the Note the entire time?

Even if the note is produced, then demand bad credit instant loans proof that possession existed when the Notice of Default was entered. And even if possession existed properly at all times, endorsement and negotiability must be proper and timely.


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Is there an agency relationship between payday loans no fax the foreclosing agent and endorsee? If there is no endorsement, is there a purchase and sale agreement that gives Holder rights, and did it exist prior to the Notice of Default? You can read those letters here: Thank you so much for your reply. What would you recommend the first course of action? What would you recommend the first course of action? That would depend on where you are in the process and what your goal is with the property. Some want to keep the property, while others want to simply delay the process as long as possible. That would depend on where you are in the process and what your goal is with the property.

Some want to keep the property, while others want to simply delay the process as long as possible. Sorry for bombarding you with all these questions.... I have this 19 page crazy extensive qwr letter with a long payday loans for bad credit no upfront fees list of disputes for them.....

Sorry for bombarding you with all these questions.... I have this 19 page crazy extensive qwr letter with a long list of disputes for them..... What I recommend you do is send 1 QWR every month or so. Many of my questions to this day still remain unanswered. What I recommend you do is send 1 QWR every month or so. Many of my questions to this day still remain unanswered.

Freedomwon again excuse my ignorance but what does QWR stand for? Also if they can send you a copy of the note so easily and make it look official.... It is a letter you can send to your loan servicer with specific questions that fall under RESPA. The Real Estate Settlement Procedures Act (RESPA) insures that consumers throughout the nation are provided with more helpful information about the cost of the mortgage settlement and protected from unnecessarily high settlement charges caused by certain abusive practices. The most recent RESPA Rule makes obtaining mortgage financing clearer and, ultimately, cheaper for consumers. The new Rule includes a required, standardized Good Faith Estimate (GFE) to facilitate shopping quick easy cash among settlement service providers and to improve disclosure of settlement costs and interest rate related terms.

The HUD-1 was improved to help consumers determine if their actual closing costs were within established tolerance requirements. It is a letter you can send to your loan servicer with specific questions that fall under payday loans in cincinnati ohio RESPA. The Real Estate Settlement Procedures Act (RESPA) insures that consumers throughout the nation are provided with more helpful information about the cost of the mortgage settlement and protected from unnecessarily high settlement charges caused by certain abusive practices.


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The most recent RESPA Rule makes obtaining mortgage financing clearer and, ultimately, cheaper for consumers.

The new Rule includes a required, standardized Good Faith Estimate (GFE) to facilitate shopping among settlement service providers and to improve disclosure of settlement costs and interest rate related terms. The HUD-1 was improved to help consumers determine if their actual closing costs were within established tolerance requirements. Freedomwon thank you for a quick response and thanks for answering the QWR question.... Is there a true benefit in that if it fast cash now is so easy for them to go to a title company and produce a good copy stamped and all? Freedomwon thank you for a quick cash advance lenders only response and thanks for answering the QWR question.... Is there a true benefit in that if it is so easy for them to go to a title company and produce a good copy stamped and all? Once in court, the servicer will need to produce the original document as evidence. Once in court, the servicer will need to produce the original document as evidence. So it seems to me that it would be worth asking for evidence of the note. Should I ask for the note and the securing instrument (did I get that right? So it seems to me that it would be worth asking for evidence of the note. Should I ask for the note and the securing instrument (did I get that right? Be certain to ask for the full accession number of your file. Asking for that info is not going to rock the boat in getting approved for a modification.

What you will be able to discover on your own, is whether or not your loan servicer even has the authority to modify your loan. So it seems to me that it would be worth asking for evidence of the note.

Should I ask for the note and the securing instrument (did I get that right? If the lender files suit against you to foreclose, the paperwork must be in order or the Judge will Dismiss without prejudice. 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. Theres a real estate law firm in quick easy cash southern ca asking 5k upfront. Regardless if it is a law firm or not, I have seen countless offers like this over the years where the homeowner loses thousands of dollars and gets no real mortgage assistance. The comments by me and the materials available at this web site are for informational purposes only and not for the purpose of providing legal advice.


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Most of the information you find here is easily available on the internet. You should contact your attorney to obtain advice with respect to any particular issue or problem. The opinions expressed at or through this site are the opinions of the individual author and may not reflect the opinions of the firm or any individual attorney.

I was in your position a while back and checked them out. You probably already know that, but since I was unaware quick easy cash when I was going through the process I thought I would mention it. 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.

If the lender files suit personal loans in michigan against you to foreclose, the paperwork must be in order or the Judge will Dismiss without prejudice. Hi Njhomeowner- If your true intentions are to get a modification then asking for the original note is somewhat of a moot point. Chances are the servicer will not have the original note. Your main goal should be to simply supply the proper documents to your servicer and hope for the mod.

If your not interested in a mod or if your home falls into foreclosure then yes, during the discovery phrase of the case you could request a copy of the original note however I do not believe this is proper strategy,WHY because at some point they will produce the original note and you will lose your case. During the foreclosure hearings your goal should be to get the plaintiffs to produce forged, or fradulent documents to the court, then you challenge those documents. By requesting the plaintiff to produce an original document you are in theory proving there case for them.. Hi Njhomeowner- If your true intentions are to get a modification then asking for the original note is somewhat of a moot point. Chances are the servicer will not have the original note. Your main goal should be to simply supply the proper documents to your servicer and hope for the mod. If your not interested in a mod or if your home falls into foreclosure then yes, during the discovery phrase of the case you could request a copy of the original note however I do not believe this is proper strategy,WHY because at some point they will produce the original note and you will lose your case.