I found out that the mortgage company be surrounded by the process of foreclosing on my home. They have a defaulting judgmen
I found out that the mortgage company was in the process of foreclosing on my home. They have a default judgment enter by the clerk of court after no response from me. (I never was served, but thats another story for another time).
I go to dig out online and low and behold I notice something that peaked my attention. The second mortgage company had of late received an assignment of mortgage from my previous lender. (Dated 1 day before the default/foreclosure audible range before a judge and 53 days next after submitting foreclosure papers to the clerk of courts office.) WTF??
1) How in the h*ll did they hold the right to start foreclosure proceedings against me when they never had the loan properly assigned to them?
2) How do you obtain a defaulting judgment against a borrower whom you yourself do not own the loan?
3) Am I to take from this that the first & second lenders dropped the globe and never proceeded thru the proper channels, which in turn allows me to hold any default judment dismissed, seeing that the lender never had AUTHORITY to process any foreclosing proceedings?
Would their oversight pass me the chance to start over?
*IF THE FIRST LENDER SOLD THE LOAN WITHOUT THE SECOND LENDER BUYING THE LOAN, BUT ALLOWING THE SECOND LENDER TO MAKE DECISIONS, TAKE PAYMENTS W/O THE PROPER STEPS, THEN WHAT ARE MY REAL RIGHTS?
I tried so hard to work near the second lender since they were indicating that they were over my loan. They refuse to budge. If I had know all along they really never owned my loan, I could hold maybe with the lender who certainly still owned my loan.
Thanks for any replies.
Answers:
I agree with the first poster. Get an attorney to sort out the mess. You should be able to hold the default judgment from the court set aside base upon the failure to properly serve you.
Was the assignment signed prior to submission of the paperwork to the court? Because if there be something else in writing, assigning the loan to them, and the paperwork hadn't been completed until 1 year before the hearing, that might be another argument made by the trial lender.
By date, do you mean the date it was record? Because many times the recording date isn't alike date as the assignment date.
I think I would contact a lawyer/attorney and seek their proposal.
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I go to dig out online and low and behold I notice something that peaked my attention. The second mortgage company had of late received an assignment of mortgage from my previous lender. (Dated 1 day before the default/foreclosure audible range before a judge and 53 days next after submitting foreclosure papers to the clerk of courts office.) WTF??
1) How in the h*ll did they hold the right to start foreclosure proceedings against me when they never had the loan properly assigned to them?
2) How do you obtain a defaulting judgment against a borrower whom you yourself do not own the loan?
3) Am I to take from this that the first & second lenders dropped the globe and never proceeded thru the proper channels, which in turn allows me to hold any default judment dismissed, seeing that the lender never had AUTHORITY to process any foreclosing proceedings?
Would their oversight pass me the chance to start over?
*IF THE FIRST LENDER SOLD THE LOAN WITHOUT THE SECOND LENDER BUYING THE LOAN, BUT ALLOWING THE SECOND LENDER TO MAKE DECISIONS, TAKE PAYMENTS W/O THE PROPER STEPS, THEN WHAT ARE MY REAL RIGHTS?
I tried so hard to work near the second lender since they were indicating that they were over my loan. They refuse to budge. If I had know all along they really never owned my loan, I could hold maybe with the lender who certainly still owned my loan.
Thanks for any replies.
Answers:
I agree with the first poster. Get an attorney to sort out the mess. You should be able to hold the default judgment from the court set aside base upon the failure to properly serve you.
Was the assignment signed prior to submission of the paperwork to the court? Because if there be something else in writing, assigning the loan to them, and the paperwork hadn't been completed until 1 year before the hearing, that might be another argument made by the trial lender.
By date, do you mean the date it was record? Because many times the recording date isn't alike date as the assignment date.
I think I would contact a lawyer/attorney and seek their proposal.
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