Notice of Default Not the Trust Deed - Loan Modification Forum

Mrsdoubleu · 03-29-2008, 02:36 PM

I received a notice of default today and I noticed the loan number on the notice if from Homecomings, however I recently went to county records and pulled copies of our trust deed and it is a totally different lender. What should we do?

Moe Bedard · 03-29-2008, 02:56 PM

What is on county record is your original lender when the loan was taken out ie: recorded. If you want to challenge this notice of default, you may want to speak to an attorney about a defense based on if they are truly the "legal" note holder. Otherwise, this is very common because loans are sold and transferred quite often.

SoCal22 · 04-18-2008, 12:22 PM

Moe,

On my NOD statement I received from teh attorney handling it they have the wrong loan owner. They used what was on the original recording. My loan was sold three months later.

I know in CA there isn't a FC hearing. Should I inform the company handling it that they do not have the correct owner? If so, should I wait a month or so so that they have to re-file and I will then have three more months?

03-29-2008, 02:36 PM	#1 (permalink)
Mrsdoubleu Junior Member Join Date: Feb 2008 Location: Corona, CA Posts: 4 Nominated 0 Times in 0 Posts TOTW/F/M Award(s): 0	Notice of Default Not the Trust Deed I received a notice of default today and I noticed the loan number on the notice if from Homecomings, however I recently went to county records and pulled copies of our trust deed and it is a totally different lender. What should we do?

03-29-2008, 02:56 PM	#2 (permalink)
Moe Bedard Founder Join Date: Aug 2007 Location: Southern California Posts: 16,887 Nominated 0 Times in 0 Posts TOTW/F/M Award(s): 0	Re: Notice of Default Not the Trust Deed What is on county record is your original lender when the loan was taken out ie: recorded. If you want to challenge this notice of default, you may want to speak to an attorney about a defense based on if they are truly the "legal" note holder. Otherwise, this is very common because loans are sold and transferred quite often. __________________ Moe Bedard Founder LoanSafe.org "America's #1 Home Loan Forum" LoanWorkout.org "America's # Loan Modification Blog" Get My FREE Loan Modification E-Book \| Please donate to LoanSafe.org \| Loan Modification Training For Attorneys \| Rate Your Mortgage Servicer 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. 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. Please Read our Privacy Policy and Legal Disclaimer Here.

04-18-2008, 12:22 PM	#3 (permalink)
SoCal22 Senior Member Join Date: Oct 2007 Posts: 52 Nominated 0 Times in 0 Posts TOTW/F/M Award(s): 0	Re: Notice of Default Not the Trust Deed Moe, On my NOD statement I received from teh attorney handling it they have the wrong loan owner. They used what was on the original recording. My loan was sold three months later. I know in CA there isn't a FC hearing. Should I inform the company handling it that they do not have the correct owner? If so, should I wait a month or so so that they have to re-file and I will then have three more months?

Thread Tools
Show Printable Version Email this Page
Display Modes
Linear Mode Switch to Hybrid Mode Switch to Threaded Mode