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  1. #1
    Senior Member Coloradofury's Avatar
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    Aug 2008
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    59

    Why would AHMSI Attny responds to O-Note reqst w/copy of old deed recording, immediately filing a hearing for a subsequent deed of trust recording?

    We are in foreclosure with AHMSI/Deutsche. Early this month I challenged the attorneys, demanding the original note and proof that AHMSI is the rightful servicer for the new Trustee.
    On August 12, the attorney’s sent me a copy Deed of Trust which appears to have been recorded in my county per the date stamps, in 2008 when we modified our original loan. The deed recording reflects a loan agreement between Option One and me.
    Immediately after the 2008 modification, AHMSI took over the loan servicing, though we received no notice of transfer. We modified again in 2009 but that deed recorded with our county again reflects the Grantee as Option One. Is it not necessary that they reflect/record a new investor or servicer? I thought Option One went belly up. Do they still have interest in our loan? Is this a valid defense? >>
    Interestingly, on Aug 18, a week following their (note) response to me, AHMSI’s attorney filed a suit with our district court as a Notice of Hearing, which also seems strange. It appears the purpose is another filing of the deed of trust. It reads, “To: The people of the state of Colorado, to the grantors in the deed of trust described herein, and to those persons who appear to have acquired a record interest in the real estate herein, and to those persons who appear to have acquired a record interest in the real estate therein described, subsequent to the recording of such deed of trust, Greetings:”>>
    So why would another “recording of such deed of trust” be ensuing? Is this odd? Would it have any relation to the attorney’s not sending me a copy of the 2009 deed recording? Should I pull records in case there is something inaccurate on record?>>
    Finally, in requesting the “original note”, is the last modification agreement sufficient? Or must they provide the complete record of transfers from Option One to AHMSI/Deutsche Bank?
    At this point, I am most likely only stalling, trying to delay the inevitable foreclosure. After filing Chapter 7 in 2010 and finding we never signed a reaffirmation, (Ignorant, but we only found that out this year that the 2009 mod did not exclude our mortgage from the filing), it seems wiser to short sell (or walk if necessary) from the over-mortgaged debt. But am trying to stay as long as possible and repay AHMSI for the hellish hellish 2007 they put me through when I simply needed and a reasonable interest rate (remember the insanity of record breaking interest increases?!)

  2. #2
    Senior Member Jeffrey L. Shurtliff's Avatar
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    Dec 2010
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    2,922
    As you know you are in a non judicial foreclosing state. If you challenge a foreclosure you must be able to State a Claim for Relief to be Granted. Rule 12(B)(6). This is a very difficult thing to do as in a nonjudicial state you are guilty of default and they can foreclose pursuant to judicial law.
    The show the note or produce the note does not work. Presently, I have an action in state court of which shows an unlawful sale pursuant to the state statute. I cannot ask them for the note for the NOTE IS THE DEED OF TRUST of which you signed.
    The stragedy of Show the Note is bogus in non judicial states. The best thing to do is go to the recorder's office to see what is recorded on your property. The thing that is strictly governed in non judicial states are properly signed and notarized documents. If the documents or instruments filed on your property have defaults then that is "cause for action" within the nonjudicial states.

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