AHMSI = MERS = Lost Note = Quiet Title

[irishmom]

For all of you who have been keeping up with my posts, this is my update:

Second short sale offer equated to another "promissory note" which I will never with sign with a company as fradulant as AHMSI given the current situation I am in with my lost note due to the MERS system. Irishmom says "kiss my Irish ......Wilbur Ross" New game plan is renting our my primary residence while going for quiet title. MERS = lost note = quiet title LOL AHMSI good luck in getting a dime out of me "ahhhh but the tables are turned now for the three years of pure harassment and hell you put me through.

[nomoforeclosure]

Hi,
We have been pushed around and have been living a nightmare at the hands of AHMSI. Could you explain the quiet title term? I haven't heard this before. I have heard of MERS and lost note etc. MERS is shown on our paperwork. We had a forensic audit done on our paperwork, and it showed a ton of violations but we were told that the statute of limitations had run out. . They offered us a mod, which we signed with a lower fixed interest but a huge baloon payment, and then sent us a notice within days that our payment was going up by $500 per month or else. It's a long story.. anyways I know how you feel. Any insight is appreciated. Thanks.

For all of you who have been keeping up with my posts, this is my update:

Second short sale offer equated to another "promissory note" which I will never with sign with a company as fradulant as AHMSI given the current situation I am in with my lost note due to the MERS system. Irishmom says "kiss my Irish ......Wilbur Ross" New game plan is renting our my primary residence while going for quiet title. MERS = lost note = quiet title LOL AHMSI good luck in getting a dime out of me "ahhhh but the tables are turned now for the three years of pure harassment and hell you put me through.

[irishmom]

Nomoforeclosure (love the name Hope this information below helps you as well as others. Anyone who has MERS on their foreclosure documents of loan documents should read the e-book "clouded titles".

An action to quiet title is a lawsuit filed to establish ownership of real property (land and buildings affixed to land). The plaintiff in a quiet title action seeks a court order that prevents the respondent from making any subsequent claim to the property. Quiet title actions are necessary because real estate may change hands often, and it is not always easy to determine who has title to the property.

Some other helpful information which I found:

Why MERS should be dismantled | Foreclosure News Online

I hope this helps you . . . and did you say AHMSI told you that a statute had run? If so, can I ask on what "stuate" they where referring to? For I personally don't believe a word their misinformed reps say anymore. Good luck.

[cindyfmfl]

Question - If I look on my Mortgage documents and find the MNS # and look it up on MERS - how acurate is the information. I did this and it said that UBS Real Estate Investments are the backers of my mortgage. I am going for a principle reduction (yes I know - but first of many steps to stay as long as possible) and in the process of contacting them. Thanks!

[highlandkids]

Irishmom,
Are there any updates to your quite title suit? Who is your attorney? I am familar with one attorney in Ohio named Norman Sirak who has helped people in several states save their home with a quite title- is he your attorney?

[acesfull]

Hi Irishmom

Did AHMSI challenge your claim of rightful ownership to the property? Were you awarded the title to the property?
Please keep us posted on your progress.
Thank you and Keep up the good fight.
Nj-6 months
Acesfull

[highlandkids]

Hi Acesfull,

I am starting to think that Irishmom most likely is settling with her Quiet Title Suit since she has not responded back. Normally if they settle they are not allowed to discuss the terms. I do know at least 4 families who were able to settle by using a Quiet Title suit if there were clouds on their titles. If you have not examined what is recorded at your county recorder of deeds- it is worth looking into if AHMSI is not working with you. With how helpful Irishmom has been in her fight-here's a huge congratulation that goes out incase she still reads the posts!!! The quite title can help if the note was lost, fraudulent or never assigned. There is hope out there!!!

Thanks for your fight Irishmom!

Highlandkids

[cindyfmfl]

Since I am getting conflicting information from my servicer (ahmsi) and MERS, I was thinking of going to the servicer and asking for all the documentation on the lender (ours was original American Home Mortgage, Inc. - but they went bankrupt in 2006) of our mortgage and the documentation related to the investors. Probably won't get much of an answer - but I figured it is worth a shot. Right now we have no idea where are payment goes - other than the Servicing company. Any ideas or advice?

[highlandkids]

Hi cindyfmfl,

I know that you found your loan listed in MERS per an earlier post. But have you found what out what is recorded at your county recorder of deeds? Check to see if your loan was ever assigned to MERS or anyone else. AHMSI is not going to give you the complete answers- but still send them a QWR so that you have proof down the road of lack of RESPA response and disclosures. Most likely you are going to need to Quiet Title American Home Mortgage Corporation and MERS because they are most likely the ones on your original mortgage. Find an attorney who does quiet titles in your area by googling your state. AHMSI is going to say that they have nothing to do with the original loan and remember-they do not have any intention of helping you- but continue to play their game and drag out the process while you find out your answer!

[cindyfmfl]

I did check our county website and they reference MERS, but funny when AHMSI sent me the information - nothing was mention about MERS. I will write and see what documentation I can get. At least now I have a document with a name on it - Gregory C. Moorer - Loan Administration Research Specialist at AHMSI. My sister-in-law is a real estate attorney in NJ (I'm in FL) and worked the on closings. I think I will send her my documentation.

[irishmom]

Hi all and sorry for not responding sooner as I am still playing "cat and mouse with AHMSI and their stupidity". Currently I am awaiting the outcome on my second short sale attempt "nope still won't agree to their promissory note" given the situation I am in with the lost note, fradulant documents, fraduluant assignments . . . need I say more. If this offer does not go through "yes . . as I have done my duty in all honesty to myself and as a homeowner" I will seek quiet title on the property. So . . . the ball is in their court now as I have bounced it back so many times and am tired of all this . . . and their threats. Wilbur . . what say you? And for all of you out there still struggling with AHMSI . . please note that they "are not your friend" they are nothing but a "DEBT COLLECTION AGENCY" playing on your stupidity and frantict-ness to keep your home . . . IRISH MOM SAYS . . DON'T DEAL WITH THEM . . sit and wait for the fraud will catch up with them.

As for the short sale, honestly in my own mind even if they agree . . . the title is still clouded and I will be amazed . . if the buyer's insurance on title ever agrees to it???????????? Yes, I see "quiet title in my future . . for it might be the only way to figure all this mess out. Thanks for all who have been following my posts.

[highlandkids]

Irishmom, Thanks for coming back. We all understand what AHMSI has put you through and they are not going to change at this point. If you are doing a short sale then AHMSI needs you to sign off on the cloudy title. This is one of the reasons Chase is now paying people up to $35,000 to agree to a short sale. If you have already paid an attorney to do the Quiet Title and they have already sent the letter of intent- you should still file the action. I do know that the suit has worked in several states and is gaining momentum. The suit itself does not involve AHMSI if it was originated by AHM. The suit will determine who really is entitled to your mortgage. In the mean time AHMSI cannot foreclose on you and they will be out of your hair until a settlement is reached or the judge decides! Even if you plan to move anyway- at least you will be the one in the driver's seat and no more money will be going to AHMSI. You have been a wonderful contributor to this forum- stay strong- we are all rooting for you!!!

[acesfull]

Hi All

I checked on the county records site for my mortgage note/deed information. Here is how it is listed.

Grantor- Acesfull an AHMSI- an Option One Mortgage.
Grantees- US Bank/ Duestue Bank/ An Home Equity Loan Trust, Mortgage Series OOMC 2006-HE5.

So, I am confused. Who is my note holder according to this information? Also AHMSI sent me a Default notice in January.
They stated the fully amount of the loan was $357,000.00 That would be ok with me. However my balance is actually $390k.

I had a cash out refinance in 06, I had a mod in 09 and a mod in 2010, Nothing is recorded in regard to the new mods or new balance.
All this new paper work that is not submitted or recorded, may in fact help me down the road to buy some time.

Its been 4 months since I contacted AHMSI in regard to the note. They have not called me. Good for Me, maybe because I sent them a cease and desists letter? This is a good letter to send them if you do not want to hear from the collection dept 3 times a day.

So up until now. Here is my progress.

1- 6 months behind on mortgage.
2- received a copy of the note, note is not accurate.
3- received 4 HAMP packages/ send them all back not complete-- playing the Hampster Wheel Game.
4- Have not received any calls in regard to payments or Hamp program.

Thanks to everyone for your time and input.
Best regards,

NJ- 6 months
Acesfull

[Jeffrey L. Shurtliff]

Hi All

I checked on the county records site for my mortgage note/deed information. Here is how it is listed.

Grantor- Acesfull an AHMSI- an Option One Mortgage.
Grantees- US Bank/ Duestue Bank/ An Home Equity Loan Trust, Mortgage Series OOMC 2006-HE5.

So, I am confused. Who is my note holder according to this information? Also AHMSI sent me a Default notice in January.
They stated the fully amount of the loan was $357,000.00 That would be ok with me. However my balance is actually $390k.

I had a cash out refinance in 06, I had a mod in 09 and a mod in 2010, Nothing is recorded in regard to the new mods or new balance.
All this new paper work that is not submitted or recorded, may in fact help me down the road to buy some time.

Its been 4 months since I contacted AHMSI in regard to the note. They have not called me. Good for Me, maybe because I sent them a cease and desists letter? This is a good letter to send them if you do not want to hear from the collection dept 3 times a day.

So up until now. Here is my progress.

1- 6 months behind on mortgage.
2- received a copy of the note, note is not accurate.
3- received 4 HAMP packages/ send them all back not complete-- playing the Hampster Wheel Game.
4- Have not received any calls in regard to payments or Hamp program.

Thanks to everyone for your time and input.
Best regards,

NJ- 6 months
Acesfull

US Bank is first in line as creditor the others are creditors but subordinate to US Bank. Thinking you are in California which is non judicial. You are listed on the Grant Deed. There is a deed of trust that is security for the Grant Deed. So it looks like everything is covered in your case. In a non judicial state you must have cause for action to bring up the Title Dispute. If you just go sue it will be dismissed because of Failure to State a Claim for relief to be granted. With your situtation I would continue with the Hampster Wheel Game. Plan your exit stradegy.

[acesfull]

US Bank is first in line as creditor the others are creditors but subordinate to US Bank. Thinking you are in California which is non judicial. You are listed on the Grant Deed. There is a deed of trust that is security for the Grant Deed. So it looks like everything is covered in your case. In a non judicial state you must have cause for action to bring up the Title Dispute. If you just go sue it will be dismissed because of Failure to State a Claim for relief to be granted. With your situtation I would continue with the Hampster Wheel Game. Plan your exit stradegy.

Hi Jeffrey
I am located in New Jersey. A judicial state and somewhat homeowner friendly, judges are getting real tough on lenders here, I hope that continues.
Thank you for your reply.
NJ- 6 months
acesfull

[highlandkids]

Hi IrishMom,

Just wanted to see if you have any updates on your situation? Were you able to do a short sale? If not any updates on your Quiet title suit? We have our short sale with an old WAMU loan scheduled for this Wednesday. Chase is paying us to do the short sale since the proper paperwork was never done. The settlement was rescheduled from last week. We will see if it really is going to happen-

[Richard200]

I did check our county website and they reference MERS, but funny when AHMSI sent me the information - nothing was mention about MERS. I will write and see what documentation I can get. At least now I have a document with a name on it - Gregory C. Moorer - Loan Administration Research Specialist at AHMSI. My sister-in-law is a real estate attorney in NJ (I'm in FL) and worked the on closings. I think I will send her my documentation.

Thanks for that info (the Gregory C. Moorer name).
I refinanced my mortgage in July 2005 with AHMS. Two months later they sold the loan to Wells Fargo.
I'm thinking about selling my house in the near future, so I went to the courthouse to make sure that everything was in order.
Well... it's not. AHMS never cancelled their lien and Wells Fargo never registered theirs. So the court records show that AMHS is my mortgage servicer, even though I've been paying Wells Fargo for 6 years (no trace of them on the courthouse records).
I'm trying to find out how I can get that AMHS lien cancelled. I assume that if anyone can trace an archived document it would be the Loan Administration Research Specialist. Did you get any cooperation from him? And if you did, do you have the contact info for him?

[highlandkids]

Irish Mom,

I know that it has been a while since your last update. Do you happen to have any new information regarding your fight with AHMSI?