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?!)