Foreclosure by Deutsche Bank but no Assignment from Option One Recorded

[patrick-c]

Hi,

I'm trying to help out my friend of twenty plus years who is in foreclosure.

I went to the town hall and researched the land records. In 2005, he took out an Option One mortgage. In that mortgage there was reference to an assignment that cannot be found in public records. Additionally, public records do not indicate an assignment to Deutsche Bank ever.

Furthermore, I googled Option One Mortgage assignments. A plethora of links come up talking about fraudulent assignments and foreclosure paper work. These links mainly refer to robo signed documents.

Having found no assignment to Deutsche, I believe there may be more "less than perfect" paper work to be uncovered.

At this point, what should my neighbor do with regard to having Deutsche proving standing to foreclose and what, if any paperwork should he request. Any other advice is certainly welcome.

The property is in CT. The lis pendens filed in 3/11 and there was an "inspector" at the house a couple of days ago. What should be done next?

TIA

[Maurice Bedard]

Hello and welcome to the community.

It depends on what you are trying to do and even when you are trying a legal maneuver, this missing link in the chain may not help or stop a foreclosure. From my experience, if you are trying to challenge their authority to foreclose, you will have to ask them to produce the original note in a court of law. Even if they don't come up with it, I have seen the banks still be allowed by the courts to foreclose. However, in rare cases, I have seen homeowners fight for many years all the while, the note is never found.

[patrick-c]

I guess the idea would be to stop the foreclosure or buy many months in time.

So they need to inform the court that they want the proclaimed note holder to prove standing in the foreclosure proceedings? As opposed to requesting that documentation from the note holder?

[acesfull]

Hi Patrick C

Ct. is a judicial foreclosure state therefore your friend will get to appear in court and fight the foreclosure action.
Has your friend been served with the foreclosure complaint yet? If in the affirmitive then it is crucial to answer the complaint.
You should study CT. foreclosure laws to get a feel for time-lines etc for filing and responding to complaints.

In regard to the assigment an the recording information. Most states require that an assigment of a mortgage be recorded in a certain time frame, not sure about CT. however my guess would be within 45-60 days.
Any fraudulent assigments would come up during the court hearing, your friend would need to file a good discovery, or interrorgatories request to uncover any fraudulent assigments.

Fraud is very difficult to prove in court therefore your friend should refrain from using the term fraud in any of his responses.

He should stick with the term Proper Legal Standing to bring the foreclosure action. The fraud will be uncovered during the court process. These procedures are not easy an I would suggest you try to acquire competent legal foreclosure defense attorney, they are expensive however the court/state may have some legal assistance program for folks that qualify.

The main thing is to answer the foreclosure complaint. Most (90%) of foreclosure cases are won because homeowners do not reply to the complaint. If you answer then the bank will need to prove there case, if you don't answer, they WIN. period.

Good luck and best regards. Please keep us posted.

Nj-14 months
Acesfull/HWP