Old 10-03-2009, 12:30 AM   1 links from elsewhere to this Post. Click to view. #1 (permalink)
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Requesting the names of the note holders or investors. Must the servicers comply?

hi All

I have read that if you contact your loan servicer in writing and request them to furnish the name or names of the Company or investors that are holding the Note on your property.

Is this a Federal Law? Must they inform us of who just holds or owns the notes on our property if we so request in writing?

I would love to know who holds my mortgage note. It would give us easier way to start communicating with the note holders and hopefully get some timely responses to our concerns. Those concerns being our home and mortgage. Anyone here know if the loan servicer is required by Federal Law to comply with our request and then Tell us the name or names of the people holding our mortgage note.
Thank you for your time.
Acesfull


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Old 10-03-2009, 05:33 AM   #2 (permalink)
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Re: Requesting the names of the note holders or investors. Must the servicers comply?

I have read here on this forum that the agreements between servicers and investors quite often include a clause or whatever that precludes the investor from revealing the investor. Also, there is no federal "law" requiring them to reveal that information to you no matter how you ask for it.
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Old 10-03-2009, 08:29 AM   #3 (permalink)
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Re: Requesting the names of the note holders or investors. Must the servicers comply?

I don't believe there is any such law.

I did ask CW/BOA who my investor was and they advised me I needed to send that request in writing. That was back in March.

I felt like they just didn't want to tell me and I don't believe I ever wrote a letter to them.

Anyway, just recently, I asked them again who my investor was and again they told me I needed to make that request in writing.

Well------------ oh, dear! Knowing that paperwork gets lost from reading alot of posts on LoanSafe---------------

I guess I fibbed and just said: "Well, I sent that request several months ago".

The lady looked at my file and apparently saw some notation about me requesting this before and she then said that my investor was "Bank of New York".

In a nutshell-- they do whatever they want! That's the way it appears to me.
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Old 10-03-2009, 08:36 AM   #4 (permalink)
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Re: Requesting the names of the note holders or investors. Must the servicers comply?

Hi All

I was just reading THe Foreclosure Survival Guide. The author is Stephen Elias.
He claims to be an attoney. In his book. Chapter 4 page 63. He claims that if you request the name or names of the investors holding your note. From the process servicer that they are required by law to furnish that information to you.
Not sure if its Federal ,state or local law. Just going by what the author wrote.

More research is needed on the subject.

It would be beneficial to know who holds the note on your property from a judicial stand point. Lets say the servicer of your mortgage trys to foreclose on your property. They would have no legal standing in court, being they are not the holder of the note, just a processer for the note holder. So no legal standing to foreclose
I find the whole subject interesting.
Thanks everyone in advance for your reply.
Acesfull
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