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No Assignment Shown Filed

Discussion in 'Chase Mortgage - Tell Us Your Chase Story' started by kmdane, Apr 19, 2010.

  1. kmdane

    kmdane LoanSafe Member

    Because of this wonderful forum - started thinking - got out my loan papers - reading for the 2nd - it was originally with Capital One HOme Loans - now has been with my best friend CHASE - checked with the County Recorder and there has never been an assignment filed - the Deed of Trust does has MERS - mortgage elec reg on it -
    This originated the later half of 2007 - again - nothing - I along with the clerk - who I know from working in there anyway - laughed and pulled all documents with our name for 2000 up to the last filed. Chase also insists my name is not on it - well it clearly is -
    any input -
    just preparing all docs for our attorney for suit


    By the way - the first - same thing - MERS is on the Deed
  2. tim123456

    tim123456 LoanSafe Member

    Kmdane,

    What name does Chase claim and on what document?

    Are you being foreclosed?

    You may have to post your docs.

    Spike
  3. Social Apocalypse

    Social Apocalypse LoanSafe Member

    MERS would be the foreclosing party in interest probably in foreclosure... UNLESS you are a FANNIE MAE loan, and Fanny said, "MERS may not foreclose on any mortgages EVER AGAIN" it must be the servicer or the actual lender. In order to foreclose the LENDER has to transfer interest to the servicer FIRST and THEN foreclose. (Securities don't show up to foreclose on homes) It's a real mess for MERS and for servicers.

    Our mortgage closed in May 2006. My county docs remain unchanged and untouched since that time, though my mortgages have changed hands two and three times since then... that's what MERS is for. They are the "NOTE HOLDER". Well, not any more. The courts are almost unanimously joining in the agreement that whomever forecloses MUST have the original note in their possession or in their possession at the time is was LOST. After declaring that MERS may not foreclose on a Fannie Mae loan, it sent a strong message... Now they are all saying, "How are we going to foreclose then??!!"

    I am wondering if this isn't at least partially related to why my mortgage company has zeroed my balance and declared the account "closed" on my credit report.

    Keep an eye on your county records for changes, I check almost daily. THAT should be the first place you see a clue that something is going on. THEY MUST DO THAT before starting a foreclosure action.
  4. kmdane

    kmdane LoanSafe Member

    Not yet being foreclosed - but started looking at the doc's - I know there has been discussion somewhere about assignments not being filed - and a problem with MERS - well on my 2nd no assignment from Capital One Home Loans to Chase ever filed in my County - they legally have to - no notice nothing - I did not really pay attention bcause never had a problem -
  5. Social Apocalypse

    Social Apocalypse LoanSafe Member

    Yes, I know what you mean... Good job getting up to speed. Well, it's those assignments NOT being order that will hang them in court. There must be an UNBROKEN chain of assignments from the date you signed your note to the date the foreclosure gets filed, IF it does. Maybe it won't. GOOD LUCK! I feel this forum is a gift from heaven, I have learned so much, and still rely on the great experience and advice that is generously shared.

    While most of the advice here is not worthy of being "legal" advice, it is VERY good for provoking discussion and starting you in the right direction. I have read MUCH "law" to verify what I learned on this forum... It has saved our sanity. It might even save our home, but that remains to be seen!
  6. kmdane

    kmdane LoanSafe Member

    My loan is a freddie- this afternoon - I double checked all the filings for the 1st and 2nd - both have MERS - 1st was transferred to Washington Mutual 2005- nothing from WaMu to Chase - 2nd transferred to CHASE - but absolutely no assignments on file as there should be.
    OH WELL
  7. whatsinaname

    whatsinaname Guest

    At the bottom of my mortgage document it says -

    "single family uniform fannie mae/freddie mac Uniform Instrument with MERS"

    - but that didn't stop Chase selling my home with NO notice!
  8. cubanmale36

    cubanmale36 LoanSafe Member

    Hello kmdane


    I have the same problem.No assignment recorded in my county court records for my heloc loan.According to what I was told in my county recorders office there should have been an assignment recorded and validated from from WAMU to CHASE as the new deed of trust but it was never recorded nor filed.So I have the original copy of my note that i signed with WAMU and certified by court.How can chase prove me they are the owners of my loan without an assignment done..I'm not in foreclosure just decided to check who's lien in my house and still WAMU.Currently im working on a mod with Chase but im not happy after finding this out?Any thoughts Kmdane what did the lawyer say for these cases and which lawyer you spoke to?? Thanks
  9. inthegarden

    inthegarden LoanSafe Member

    How do I go about checking my county records? This is new to me. What is MERS?

    Thanks!
  10. Do not want to lose it

    Do not want to lose it LoanSafe Member

    I just came in from the garden myself;)
    If your Registry of Deeds in your county is up to date with modern times all the info should be accessible online.
    With ours you just search by name and all the deeds and mortgages you have ever owned are there-with the exception of the MERS transfers- starting in the 2000s that we are all talking about.
    Good luck but if you have a problem just ask and someone here will help you find your info.
  11. AURORALOANFIGHTER

    AURORALOANFIGHTER LoanSafe Member

    I now have all my docs, from county recorder, from Aurora and also from the foreclosure complaint, there seems to be no evidence anywhere that any assignment ever happened from MERS! now in colorado it is ok to have the original note endorsed in blank but Mers never assigned it to First Magnus who went BK 2 weeks after my funding. it went to homecomings and then to aurora. I am positive that Aurora never got the original note. Do you think this is grounds for wronful foreclosure complaint? My Hamp is being approved but I want to dispute the needless and predatory foreclosure fees, and the mtg. lates as they sent my payments back to me! Anybody?
  12. fightforit

    fightforit LoanSafe Member

    Just a suggestion- Send certified letters to Aurora and whomever else is mentioned on your mortgage along with a copy to your AG disputing the debt and requesting to visually inspect your wet ink promissory Note in person within 30 days. Advise Aurora that a copy of said Note nor an Affidavit or loss or any other form will not be acceptable.
    Have them contact you in writing to arrange for an appropriate point of inspection in your Town
  13. AURORALOANFIGHTER

    AURORALOANFIGHTER LoanSafe Member

    Now that is a very brilliant piece of advice there. Thanks! I get so overwhelmed with all this fight i forget to do the simple things in a super gutsy way! Nice
  14. G_Sup

    G_Sup LoanSafe Member

    Wow! I just read through all of this and went online to my counties Clerk recorder. Back in April of 2005 we bought our house using a local bank for our mortgage. Under my Clerk recorder it shows a DEED OF TRUST with my local bank's name, MERS, and my name. About 5 months after purchasing my house the mortgage was apparently sold to CHASE but there was no ASSIGNMENT DEED OF TRUST filed with my Clerk Recorder.

    Now, fast forward 6 years! On May 5th of this year an ASSIGNMENT DEED OF TRUST was filed along with a NOTICE OF DEFAULT... oddly the document's numbers are only 1 number off with the assignment ending in a 85 and the NOD ending in a 86. So, for 5 years I was paying CHASE a mortgage when they officially never even filed an ASSIGNMENT DEED with my county clerk recorder! That is until they noticed their mistake when they filed the NOD. BRILLIANT!
  15. G_Sup

    G_Sup LoanSafe Member

    Just to add: I just did some Googling and found this: (Yes, I'm in CA)



    The state of California does require recordation of assignments of deeds of trust. Note that California regulations specifically exclude Federally regulated entities such as Banks, HUD sponsored programs,Freddie Mac, etc., precisely because they are regulated by the Federal government.

    P.S.
    I just love that line "regulated by the Federal Government!"
  16. AURORALOANFIGHTER

    AURORALOANFIGHTER LoanSafe Member

    G_sup, I bet you live in a state where a foreclosure can't happen with a note having been indorsed in blank. Judges always question why an investor can "purchase" a loan when it is in default. it raises eyebrows very quickly! be sure to file a response to the complaint!!!! and file a complaint with your atty. general and the OCC!
  17. interesting...

    interesting... LoanSafe Member

    they don't need to file this... that's why MERS is there... to get around the need to file the transfer. MERS' used to foreclose in their own name because their name was in the original filing... but they've changed their policy so that it has to be transferred out of their name and into the name of the foreclosing servicer?lender?... then they do the foreclosure. They claim they don't actually transfer anything, they just record transfers for the investors.

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