Browneyedgirl,Ok, heres my question(s)....Our loan origionated with union planters in 2003, with GMFS, LLC as the servicer, Feb of 2004, loan sold to Household Financial. July 1, 2004, Union Planters merged with Regions Financial, and ceased business as Union PLanters.On Feb 27, 2008, Corporate Assignment filed by MERS with it being the assignor for Union Planters, and the assignee being Household, who was later absorbed into HSBC, the Assignment was requested and prepared by HSBC, then they filed a substitute Assignment the very next dat, 28, Feb, 2008 and initiated a foreclosure (we are in a non judicial state). We used our savings and got out of that, then recieved a NOD in April 15, 2010, and MERS did another substitute assignment on April 30, 2010, we got a notice of sale on May 18, 2010 stating sale on June 15, 2010. We are working with an attorney to get a MOD during this process. So my question is...WHO holds my note?? Union Planters??? Regions????(they are not on ANY of the paperwork), Household??? HSBC???? MERS??? I know for sure HSBC is the servicer of the loan, but would they have the note if they now own Household??Does MERS hold it??? I am so confused, and time is running out for us! I am open to any suggestions as to what our next step should be. Thanks!!
Sally, you must be talking about this:Browneyedgirl,
Run, don't walk to your county recorder's office and request that a copy of the assignment of mortgage be made for your records.. chances are very, very good that it is fraudulent! The assignment on my mortgage is chock full of fraud.... "Christina Allen" who signed it as VP of Option One Mortgage, doesn't even work for them. She has signed as VP or assistant secretary for other lenders such as IndyMac, Deutsche Bank, Wells Fargo, Citi and others which is clearly fraud. Also, it was recorded February 27, 2008 but not SIGNED until March 5th! Look for red flags like that.
There is an attorney, Lyn Szymoniak, who will examine assignments for fraud and then prepare affidavits on your behalf to use as a defense in court. Many foreclosure cases have been thrown out by judges because of this blatant fraud as the assignments fail to prove the plaintiffs had legal standing to foreclose. Sooooo, if your attempt to get a mod fails, then you've got this evidence to hold over their stupid heads!
Good luck! Sally
I think your next step (after what Sally suggests) is to find an attorney. I know you can do it yourself, BUT as you said the clock is ticking. MERS has been TKO'd more and more often and the momentum is gaining. It cracks me up that in their legal primer they claim "victory", yet these "victories" are no recent than 2007! See for yourself under "legal primer"Ok, heres my question(s)....Our loan origionated with union planters in 2003, with GMFS, LLC as the servicer, Feb of 2004, loan sold to Household Financial. July 1, 2004, Union Planters merged with Regions Financial, and ceased business as Union PLanters.On Feb 27, 2008, Corporate Assignment filed by MERS with it being the assignor for Union Planters, and the assignee being Household, who was later absorbed into HSBC, the Assignment was requested and prepared by HSBC, then they filed a substitute Assignment the very next dat, 28, Feb, 2008 and initiated a foreclosure (we are in a non judicial state). We used our savings and got out of that, then recieved a NOD in April 15, 2010, and MERS did another substitute assignment on April 30, 2010, we got a notice of sale on May 18, 2010 stating sale on June 15, 2010. We are working with an attorney to get a MOD during this process. So my question is...WHO holds my note?? Union Planters??? Regions????(they are not on ANY of the paperwork), Household??? HSBC???? MERS??? I know for sure HSBC is the servicer of the loan, but would they have the note if they now own Household??Does MERS hold it??? I am so confused, and time is running out for us! I am open to any suggestions as to what our next step should be. Thanks!!