Wild foreclosure in kentucky

[teopaige]

First Thanks for being able to join

I'm in foreclosure now in Kentucky and will be going to court since the lender that supposed to have purcahsed the loan has filed a motion for judgement.Heres the story behind it.When the foreclosure was first filed they filed it in the wrong name,we contested that so they filed a lost note,then a few days after that by some miracle they said they had found it.

But still all they have ever produced is a copy that appears to be the same on on record in county recording.But still with notarized letters saying they remember the sale of this note,but the odd thing is it was never recorded anywhere until after the foreclosure started.

They signed one letter stating they knew of it but this was not notarized it was x'd out with no dates any where,then on a seperate sheet was the seal of a notary that said they appeared before them and stated the facts,only the notary signed this one and had sept.26th.08

The one with the signature was signed, was prepared by thier attorney in ohio and the one the notary signed was in california.
The one the attorney prepared was signed by someone but all the notary stuff was all x'd out.I don't know why if they signed it that they just didn't have a notary signed it with them instead of a seperate page with only a notary name on it.

I received a copy of the motion which had that the loan had been transferred and recorded almost a month after the proceedings had started.

The best i can tell what they have done is copy the note again closer to the top of the paper so the page numbers will not show where it was filed by the original lender.

Now i got a copy of the mortgage stating that it was assigned to the new lender after i got to reading it and looking at the dates on it it states the regular stuff for consideration and things hereby transfer to the new lender
but the thing is it is completly different,i mean the page numbers in the county recording office and the date that the loan was originaly made it is for on i had in 2003 this is whats showing as assigned.This is a loan that has been paid off for a while.

Any thoughts on a situation like this.Don't it make a difference that they have the wrong mortgae attached to this as being the one assigned.

Thanks for listening
Teopaige

[Dan Bailey]

teopaige,
Glad you found the forum and posted.
I think you would need an attorney to look at the paperwork who is experienced in real estate.