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Chase Never Recorded Our Mortgage!! But sent a Lis Pendens

Discussion in 'Chase Mortgage - Tell Us Your Chase Story' started by TooBee, Mar 12, 2013.

  1. TooBee

    TooBee LoanSafe Member

    after 5 years now waiting for chase to foreclose i had the time to research the county records to see what is going on with why they haven't made a move.

    the records go back forever, i saw 30 years of mortgages in our history, re-fi's etc. assignments, all put on the record. the ONLY thing i saw was wells fargo recorded this mortgage and sold it to some small company, it then shows our mortgage as satisfied. the following item is the Lis Pendens from Chase!! (which we never rec'd we did however receive an NOD which was not listed )where there is no record at all of Chase assuming or assigned the mortgage??? we did know another company purchased our mortgage but it was followed by a letter from Chase stating they now are assuming that mortgage. i guess they forgot to file it and and put that on the record.

    how can they foreclose without a mortgage instrument?? ...now what???

    we have heard nothing from the town about taxes as we listed the house in our bk. chapter 7 no assets....what a mess!
    Last edited: Mar 12, 2013
  2. Kenupstate

    Kenupstate LoanSafe Member

    That should be presented to a judge through your attorney,it will probably buy you time at best but the bank should have the proper documentation and prove they have the right to foreclose.
  3. TooBee

    TooBee LoanSafe Member

    no, no, we are out of the house. we have been for over 4 years now. i reviewed the lis pendens and it names MERS as the lender. although it's now jpmorganchase pursuing us.

    i'm not fighting the foreclosure, i want it to foreclose that is what i have been fighting for for years now. i know most on this forum are here to save their homes. we walked because chase couldn't and wouldn't modify our loan. we were one of the first to apply for HAMP and right in the middle of the loan modification we got served a summons saying answer this our leave. we left after 30 years. we couldn't stay there the heat and electric were running us more than our entire expenses are here in florida.

    so it looks as though MERS never assigned the mortgage to chase and it's still in there hands so why is chase going after us and not MERS?

    [h=4]Mortgage Electronic Registration Systems, Inc. v. Lisa Marie Chong, et al. (United States District Court, District of Nevada)[/h] On December 4, 2009, Judge Dawson found that "MERS provided no evidence that it was the agent or nominee for the current owner of the beneficial interest in the note, it has failed to meet its burden of establishing that it is a real party in interest with standing." He issued his decision in 5 of the 18 cases (In re Chong, In re Pilatich, In re Cortes, In Re Medina and In re O’Dell) on appeal but declined to hold that "MERS would not be able to establish itself as a real party in interest had it identified the holder of the note or provided sufficient evidence of the source of its authority."[SUP][17][/SUP]

    so i'm not even certain on who exactly owns the note!!
  4. TooBee

    TooBee LoanSafe Member

    MERS or CHASE??? How can I find Out?????

    further researching i found this??? HELP!!

    the records indiate this:

    our mortgage was assigned to wells fargo (at this point)

    it then was re-fi'ed and assigned to MERS

    then it shows a satisfied mortgage or discharge of mortgage by wells fargo

    THEN it has the lis pendens from chase......but no where in the records did or was the mortgage assigned to them?

    also the lis pendens is from chase but used MERC as the lender???
  5. Annie Mac

    Annie Mac LoanSafe Member

    TooBee, With the volume of fraudulent mortgages which occurred, there was no way the actual lender could have recorded all those deeds all over the country, which is of course, why the banks designed MERS. Numerous cases now, uphold that MERS was never a beneficiary and cannot foreclose itself. Your documents are one of the millions which are now a broken chain of title. Chase does not have the right to do anything unless there was a recording filed in your county recording office. If the mortgage was recorded as satisfied, then that sounds hopeful. MERS was never a lender nor a beneficiary; only a data system used by the banks.
  6. TooBee

    TooBee LoanSafe Member

    annie mac, thank you so much for that information. the final filing on the county record was listed as DIS-M which is a notification of satisfaction of the mortgage by wells fargo, and it has been discharged that was dated 9/11...THEN the following YEAR is the lis pendens from chase on 11/16 (but a YEAR later) which there is NO assignment of the mortgage anywhere on the county records, i have printed them out?? i understand MERS is simply a system and not a lender nor beneficiary, however, chase push us out of the house, we were actually homeless for the first year, and now what a mess.

    "they" (and i have to say i have NO clue on who "they" are), were taking care of the premises the first two three years and now i don't know who is was but they are letting it go completely and now it's totally ruined from what we hear. we now live over 1500 miles away in another state so it's hard to get anyone to go out there and find out what is going on.

    i had a broker do a land contract for my daughter in nj. i'm thinking about calling her, she did a deed transfer with a land contract while the mortgage still exists. maybe she can transfer the deed for us and sell the land, or something? in the mean time, i have an atty who is a friend of mine, one that successfully sued chase 4 times and won, looking into the "old" docket number that was used on the lis pendens to see what happened to it. i haven't heard back from him as yet, i contacted him last week.

    i just want the property out of our names! and i'm so pissed that we were literary thrown out by chase who didn't even have the right to do this??
  7. jpsaun

    jpsaun LoanSafe Member

    While doing a short sale with Chase - I found my original mortgage was recorded / sold to MERS and Chase was the lien holder. I refinanced the loan in 2006 / Loan was closed. A title search was performed and the loan appeared to have not been released -- shown as paid in full. I called the Chase Loan Release Department and they faxed me the copy of the docs. The loan was recorded in a different county than the property -- address was correct.

    Good luck
  8. TooBee

    TooBee LoanSafe Member

    lol! wow.

    well i have a bit of an update. the loan was recorded with MERS and then discharged. chase was the servicing bank, and a servicing bank can foreclose for the the lender. however, i found a letter from chase for YEARS AGO, stating they are no longer JUST servicing our mortgage, but they now are the new creditors of mortgage. then just never recorded it....and also now the summons and the lis pendens is incorrect by listing chase v us, but then in the body of the instrument is says on behalf of MERS which MERS is no longer in the picture.

    talk about a mess. oh well. it's not like they are after me....and the mortgage was IIB so i don't owe on it. once again, it's just i want my name off the deed, however, it doesn't look like that will be happening anytime soon.

    i think i need more than luck! LOL!! but thanks

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