How to find the actual Note Holder on mortgage - Loan Modification Forum

lifestar · 11-05-2009, 01:27 PM

Up front apologies as I am sure that this has been addressed but could not find an answer after searching for hours. How do we find out whom actually holds the note on our mortgage? Our servicer is CURRENTLY BAC. Countrywide was the previous servicer. BOTH have always REFUSED to reveal the company name of our note holder. The MERS website will only provide the servicer name as far as we can tell....

Any suggestions as to find out the current note holder of our mortgage? THANKS in advance.

caldwellb02 · 11-05-2009, 01:39 PM

Send in a Qualified Written Request. There are many examples of one somewhere on this forum. They may be refusing because THEY DON'T KNOW WHERE THE NOTE IS!!!

Evan Bedard · 11-05-2009, 02:26 PM

Yes Caldwell is correct. Here is an example for you to follow:

Example of Qualified Written Request Form

lifestar · 11-05-2009, 03:53 PM

Thank you.... We did that several months ago and received ONLY the exact paperwork that was signed at closing. The company on the COPIES of the paperwork that appears as the holder of the note on the paperwork forwarded to us after requesting a Qualified Written Request went out of business shortly after our mortgage went in to effect.

Am I missing something? Is there somewhere on the paperwork that will show the business name of the CURRENT holder of the note?

ManicMangaManiac · 11-05-2009, 04:02 PM

Caldwell and Evan,
I sent in a QWR earlier this summer but AHMSI did not answer that question.. however, I found something of an answer by Googling the series of securities my loan was sold off in, and it was pretty telling because what I found did not show Wells Fargo (the trustee and plaintiff in the foreclosure suit) or AHMSI, the servicer, in the document I found online. I have felt all along that WF doesn't have possession of the original note or the legal standing to foreclose.. but unfortunately I don't have a judge overseeing the case that would see it that way :-( even though I am in a state that just had a landmark court ruling against MERS (Landmark National Bank vs. Kesler). I am afraid that I will have to appeal the judge's ruling if he goes against me, and take it to the state level.. and I don't have an attorney to advocate for me either!

mimirayo · 11-07-2009, 09:24 AM

Maniac,

Can you do a search of your land records? That may show the owner now. Mine was not sold as far as I know, but when the trustee was changed the holder was revealed

11-05-2009, 01:27 PM	#1 (permalink)
lifestar Member Join Date: Aug 2008 Posts: 11 Nominated 0 Times in 0 Posts TOTW/F/M Award(s): 0	How to find the actual Note Holder on mortgage Up front apologies as I am sure that this has been addressed but could not find an answer after searching for hours. How do we find out whom actually holds the note on our mortgage? Our servicer is CURRENTLY BAC. Countrywide was the previous servicer. BOTH have always REFUSED to reveal the company name of our note holder. The MERS website will only provide the servicer name as far as we can tell.... Any suggestions as to find out the current note holder of our mortgage? THANKS in advance.

11-05-2009, 01:39 PM	#2 (permalink)
caldwellb02 Senior Member Join Date: Nov 2008 Location: Northern CA Posts: 1,764 Nominated 0 Times in 0 Posts TOTW/F/M Award(s): 0	Re: How to find the actual Note Holder on mortgage Send in a Qualified Written Request. There are many examples of one somewhere on this forum. They may be refusing because THEY DON'T KNOW WHERE THE NOTE IS!!! __________________ http://www.petition2congress.com/2/2564/

11-05-2009, 02:26 PM	#3 (permalink)
Evan Bedard LoanSafe.org Homeowner Guide Join Date: Aug 2007 Location: Southern California Posts: 2,168 Nominated 0 Times in 0 Posts TOTW/F/M Award(s): 0	Re: How to find the actual Note Holder on mortgage Yes Caldwell is correct. Here is an example for you to follow: Example of Qualified Written Request Form __________________ Keep Fighting! Evan Bedard LoanSafe.org Support Team Please donate via paypal to LoanSafe.org to help keep this forum going 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.

11-05-2009, 03:53 PM	#4 (permalink)
lifestar Member Join Date: Aug 2008 Posts: 11 Nominated 0 Times in 0 Posts TOTW/F/M Award(s): 0	Re: How to find the actual Note Holder on mortgage Thank you.... We did that several months ago and received ONLY the exact paperwork that was signed at closing. The company on the COPIES of the paperwork that appears as the holder of the note on the paperwork forwarded to us after requesting a Qualified Written Request went out of business shortly after our mortgage went in to effect. Am I missing something? Is there somewhere on the paperwork that will show the business name of the CURRENT holder of the note?

11-05-2009, 04:02 PM	#5 (permalink)
ManicMangaManiac Senior Member Join Date: Jan 2008 Posts: 243 Nominated 0 Times in 0 Posts TOTW/F/M Award(s): 0	Re: How to find the actual Note Holder on mortgage Caldwell and Evan, I sent in a QWR earlier this summer but AHMSI did not answer that question.. however, I found something of an answer by Googling the series of securities my loan was sold off in, and it was pretty telling because what I found did not show Wells Fargo (the trustee and plaintiff in the foreclosure suit) or AHMSI, the servicer, in the document I found online. I have felt all along that WF doesn't have possession of the original note or the legal standing to foreclose.. but unfortunately I don't have a judge overseeing the case that would see it that way :-( even though I am in a state that just had a landmark court ruling against MERS (Landmark National Bank vs. Kesler). I am afraid that I will have to appeal the judge's ruling if he goes against me, and take it to the state level.. and I don't have an attorney to advocate for me either!

11-07-2009, 09:24 AM	#6 (permalink)
mimirayo Senior Member Join Date: Nov 2008 Posts: 173 Nominated 0 Times in 0 Posts TOTW/F/M Award(s): 0	Re: How to find the actual Note Holder on mortgage Maniac, Can you do a search of your land records? That may show the owner now. Mine was not sold as far as I know, but when the trustee was changed the holder was revealed

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