Loans, Debt & Credit - View Single Post - Now Here's A New One...foreclosure Withdrawn

leap4juls · 04-26-2008, 12:02 AM

Hey, Now This Is Yet Another Very Peculiar Finding. Quick History: Predatory (bad) Loan, Went Default, Rescinded The Loan, Mortgage Company Non Compliant To Request (popular) 11 Weeks Later They Write And Say Ok, We Agree To Rescind.

8 Months Later, Still Fighting, 2 Scares, Really Threats To Foreclose, Both In August. Nj Division Of Banking Told Them To Back Off, They Were Under Investigation. Ok They Said. Now, March Received Actual Foreclosure Complaint. I Decided To Call Them, Why Is This Account In Foreclosure, It Has Been Rescinded. They Checked It Out, Next Day They Called The Attorney I Was Using And Said As Soon As I (legal) Found Out, I Told Them To Withdrawal.

I Checked With The Court A Couple Of Days Later, It Had Not Been Withdrawn. It Was Still Pretty Soon Considering How Behind They Are. The Court Told Me To Call Back In Two Weeks.

I Checked My County Public Records When They Withdrew, No Change, Here It Is Maybe A Week And A Half Later, I Checked Again.

Now There Is A Lis Pendens Discharged. Hmm. Ok I Figured They Did Withdraw The Foreclosure Complaint, And Now They Are Complying With The Rescission And Removing The Security Note Record.

Well, There Is One Problem, While It Does Say Mortgage Cancelled On First And Second, The Discharge Document Filed Is A File On A Loan From 1994, In Someone Elses Name, That Was Discharged Back In 2001. The First Doc Says, This Document Is Not Discharged, Attached Document Has Been Recorded By County Clerk,however We Are Unable To Make A Marginal Notation For Reasons Below Checked Are: "incorrect Party Signed Off" With A Hand Written Notation, Reading, Assigned 2/6/95 Bank Of Ny. Also Checked Is "no Assignment Recorded"
"without Proper Documentation This Loan Will Be Identified As Unpaid."

Now 2 Questions, First, What The Hell Does This Mean? And Second,
The Notation Assigned 2/6/95, Could This Mean, No Mortgage Company Provided An Original Note Since 1995??? No, That Can't Be It How Would The County Know This? But The Record Page On My 1st And 2nd Mortgages Say Discharged. I Guess The Mortgage Company Fudges It, Maybe Because They Don't Have The Original Note, And So
Use An Old Record, Thinking No One Will Notice, But Someone Did.

Any Thoughts?
Moe What Do You Think? ***?

Anyway Moe, I Need To Talk To You. Please Call Me.

04-26-2008, 12:02 AM	#1 (permalink)
leap4juls Senior Member Join Date: Oct 2007 Posts: 97 Nominated 0 Times in 0 Posts TOTW/F/M Award(s): 0	Now Here's A New One...foreclosure Withdrawn Hey, Now This Is Yet Another Very Peculiar Finding. Quick History: Predatory (bad) Loan, Went Default, Rescinded The Loan, Mortgage Company Non Compliant To Request (popular) 11 Weeks Later They Write And Say Ok, We Agree To Rescind. 8 Months Later, Still Fighting, 2 Scares, Really Threats To Foreclose, Both In August. Nj Division Of Banking Told Them To Back Off, They Were Under Investigation. Ok They Said. Now, March Received Actual Foreclosure Complaint. I Decided To Call Them, Why Is This Account In Foreclosure, It Has Been Rescinded. They Checked It Out, Next Day They Called The Attorney I Was Using And Said As Soon As I (legal) Found Out, I Told Them To Withdrawal. I Checked With The Court A Couple Of Days Later, It Had Not Been Withdrawn. It Was Still Pretty Soon Considering How Behind They Are. The Court Told Me To Call Back In Two Weeks. I Checked My County Public Records When They Withdrew, No Change, Here It Is Maybe A Week And A Half Later, I Checked Again. Now There Is A Lis Pendens Discharged. Hmm. Ok I Figured They Did Withdraw The Foreclosure Complaint, And Now They Are Complying With The Rescission And Removing The Security Note Record. Well, There Is One Problem, While It Does Say Mortgage Cancelled On First And Second, The Discharge Document Filed Is A File On A Loan From 1994, In Someone Elses Name, That Was Discharged Back In 2001. The First Doc Says, This Document Is Not Discharged, Attached Document Has Been Recorded By County Clerk,however We Are Unable To Make A Marginal Notation For Reasons Below Checked Are: "incorrect Party Signed Off" With A Hand Written Notation, Reading, Assigned 2/6/95 Bank Of Ny. Also Checked Is "no Assignment Recorded" "without Proper Documentation This Loan Will Be Identified As Unpaid." Now 2 Questions, First, What The Hell Does This Mean? And Second, The Notation Assigned 2/6/95, Could This Mean, No Mortgage Company Provided An Original Note Since 1995??? No, That Can't Be It How Would The County Know This? But The Record Page On My 1st And 2nd Mortgages Say Discharged. I Guess The Mortgage Company Fudges It, Maybe Because They Don't Have The Original Note, And So Use An Old Record, Thinking No One Will Notice, But Someone Did. Any Thoughts? Moe What Do You Think? ***? Anyway Moe, I Need To Talk To You. Please Call Me.