Hi all! My heart goes out to anyone and everyone dealing with these idiots. So here's our story (mine and hubby's) and where we're at after two years of trying to do a loan mod with Bank of America:
So a couple of years ago we were trying to refinance the house and found out that Bank of America had reported to the credit reporting agencies that we were four months behind in our mortgage.
We then attempted to apply for a loan modification, which Bank of America dismissed because they kept losing our papers, claiming they didn't receive them.
And today we get a letter from Bank of America informing us that our mortgage is being "transferred" to a new loan service provider as of June 16, 2012.
So in a phone call with Bank of America today, June 4, 2012, I again requested Bank of America to produce the note or the assignment of mortgage on file from Countrywide to Bank of America. They skirted the issue claiming I had to get the information from Countrywide's website, which was a bunch of bologna because the website address that they gave me has to do with some data theft claims and nothing to do with mortgages.
Then I went to our county's Recorder of Deeds. This was the result:
According to our Recorder of Deeds in Berks County, only three instruments were ever recorded for our property and mortgage:
- 5/26/2005: The original deed from the seller to the buyer
- 5/26/2005: The original mortgage which lists MERS INC Nominee as the mortgagee when we signed the loan note with Countrywide.
- 1/25/2012: An alleged assignment of mortgage from MERS to Bank of New York.
Around July 2009 Bank of America bought Countywide; however, there is NO recorded mortgage assignment from Countrywide or MERS to Bank of America. We have been paying our mortgage to Bank of America for years.
Bank of America customer service tried to tell us that Countrywide is Bank of America; however I know this is not true. They were two completely separate entities and when Countrywide sold its shares to Bank of America, any and all mortgages it held were to be assigned to Bank of America. This was not done.
This alleged assignment from MERS to Bank of New York - NOT Bank of America, was only recorded AFTER we requested Bank of America to produce the note on our mortgage, which they still have not done despite repeated requests.
So - if there is no assignment recorded from MERS/Countrywide TO Bank of America, then Bank of America has no legal standing to assign/reassign the mortgage to another servicer, which makes the alleged assignment that was recorded on 1/25/2012 null and void since there were NO recorded assigments prior to that date assigning the mortgage to Bank of America.
But yet Bank of America is telling us that Bank of New York is the original investor, however, their name didn't even show up on any documents until the alleged mortbage assignment in Jan. 2012.
So how can MERS assign the mortgage to Bank of New York if they had no legal standing in the first place, because Countrywide doesn't seem to have legally assigned the mortgage to MERS or anyone else for that matter?
Where and when did Bank of America come in?
Who the hell owns the mortgage now?
Which brings me to this - if Bank of America has had no legal standing at all regarding our mortgage, then everything reported by them to the credit reporting agencies should be removed as well, right?
So now I'm trying to decide if I should just file a quiet title against Bank of America/MERS before this Green Tree outfit takes over.
Any suggestions? Feedback? I really don't want to have to start all over with yet another mortgage company, lender, servicer or whatever they choose to call themselves next.
Karen & Jim