Register of Deeds does not show correct Mortgagee?

walkin

LoanSafe Member
May 1, 2012
361
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18
I'm not sure if it really means anything or not, or if it may help to delay things? (possible FC, DIL, etc.)

I was looking at the Register of Deeds online, and I see where the first bank has some docs listed for Mortgage.
Within a year of buying our house, we received a letter in the mail telling us that Chase is now the mortgagee, and we would start sending them payments. (I assume they bought it from the original 1st mortgagee). I don't remember signing any documents. I don't see Chase listed anywhere in the Register of Deeds, and I don't see a Mortgage Satisfaction from the original mortgagee. This all happened in the 2006 time frame.

Is this good news for me, or really just nothing? Thanks.
 

Jeffrey L. Shurtliff

LoanSafe Member
Dec 4, 2010
3,823
139
63
I'm not sure if it really means anything or not, or if it may help to delay things? (possible FC, DIL, etc.)

I was looking at the Register of Deeds online, and I see where the first bank has some docs listed for Mortgage.
Within a year of buying our house, we received a letter in the mail telling us that Chase is now the mortgagee, and we would start sending them payments. (I assume they bought it from the original 1st mortgagee). I don't remember signing any documents. I don't see Chase listed anywhere in the Register of Deeds, and I don't see a Mortgage Satisfaction from the original mortgagee. This all happened in the 2006 time frame.

Is this good news for me, or really just nothing? Thanks.
I am thinking from what I read here, is you are in a Judicial Foreclosure state. [IF] you are; these concerns should be kept and noted by you in case they foreclose and summon you to court. These questions you have, can be properly brought forward showing the bank has no standing to foreclose, which would result in a dismissal of the action against you without prejudice.
 

walkin

LoanSafe Member
May 1, 2012
361
6
18
Jeffrey L. Shurtliff;

Perfect! Thanks! Yes, the state is judicial foreclosure.

I'm just shooting from the hip here, but I"m curious if they may have realized this (possible) mistake, and part of the reason why they were so quick to accept the SS offer (which got denied by 2nd), and may be part of the reason they are really pushing me to DIL? I'm going to try to go the mod route first, see what happens there....currently 6 months delinquent, no noi, nod, etc.

I'm really clueless about this stuff, but based on the other mortgage docs I can see (with the 2nd), every time the 2nd was sold/re-fi'd, there was a Mortgage Satisfaction entry, that covered/canceled the original Mortgage entry of that 2nd. So, I still see 1 active Mortgage entry for the 2nd, which seems correct to me. However, as I mentioned, the original 1st still has a Mortgage entry, with no Mortgage Satisfaction entry, but we stopped sending the payment to them about 6 years ago, when they were bought out (I assume) by the "new" 1st mortgage.
 

Jeffrey L. Shurtliff

LoanSafe Member
Dec 4, 2010
3,823
139
63
Jeffrey L. Shurtliff;

Perfect! Thanks! Yes, the state is judicial foreclosure.

I'm just shooting from the hip here, but I"m curious if they may have realized this (possible) mistake, and part of the reason why they were so quick to accept the SS offer (which got denied by 2nd), and may be part of the reason they are really pushing me to DIL? I'm going to try to go the mod route first, see what happens there....currently 6 months delinquent, no noi, nod, etc.

I'm really clueless about this stuff, but based on the other mortgage docs I can see (with the 2nd), every time the 2nd was sold/re-fi'd, there was a Mortgage Satisfaction entry, that covered/canceled the original Mortgage entry of that 2nd. So, I still see 1 active Mortgage entry for the 2nd, which seems correct to me. However, as I mentioned, the original 1st still has a Mortgage entry, with no Mortgage Satisfaction entry, but we stopped sending the payment to them about 6 years ago, when they were bought out (I assume) by the "new" 1st mortgage.
They know about this I would conjecture. They know the only way to fix it is to get rid of you with a MOD, DIL, short SALE, or foreclosure. Once one of these happens then they have fixed it. If the latter, keep your weapons loaded and do not fire until you see the whites of their eyes..................Jeffrey
 

JustSharon

LoanSafe Member
Sep 8, 2011
184
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0
Walkin

I suggest that you get actual copies of these documents from the Register of Deeds. If you can print them out from home for free/cheap, fine. If not, go to the Register of Deeds office and get them. I would get all the documents that relate to your home. Then you can sit down with the documents themselves and determine what the situation is.
 

walkin

LoanSafe Member
May 1, 2012
361
6
18
Update-
I was able to print out all of the documents, and I don't see any indication that chase ever assumed the mortgage, or where the original 1st ever relinquished the mortgage to them. I assume this is good news for me, correct? I also assume that this can be corrected, and eventually chase will legally be able to FC on me, but will take some time?

If what I stated above is true, at what point will this information become handy? When/if I receive a NOD, is that when I would need to hire an attorney to represent me, and defend off the FC? Or, would I wait until a TS is scheduled? Sorry, I'm just not very schooled on the whole process, and at what point would this possible defense be used. I don't have the time or brains to be able to attempt to do the pro se thing. Most of the legal advice/ideas come from this forum, and a buddy of mine who is a lawyer, but does title stuff, so the whole FC thing is a little out of his area of expertise.

Walkin

I suggest that you get actual copies of these documents from the Register of Deeds. If you can print them out from home for free/cheap, fine. If not, go to the Register of Deeds office and get them. I would get all the documents that relate to your home. Then you can sit down with the documents themselves and determine what the situation is.