Comments on: Who Owns My Mortgage? http://www.keepmyhouse.com/2009/03/02/who-owns-my-mortgage/ All about loan modifications and more Fri, 15 May 2009 10:06:00 +0000 http://wordpress.org/?v=2.6.5 By: Jaxon http://www.keepmyhouse.com/2009/03/02/who-owns-my-mortgage/#comment-688 Jaxon Mon, 30 Mar 2009 16:13:51 +0000 http://www.keepmyhouse.com/?p=323#comment-688 Nice post. On foreclosure: I like the produce-the-note strategy. I live in Tampa and know one person he helped, and it actually worked. They did not get the entire home paid for, but they got terms adjusted to be favorable and they were able to avoid foreclosure. It really varries by situation and probably the laws of your state on how far this goes. This site has all the videos they have done. Watch all the videos here: <a href="http://www.tinyurl.com/producenotevideo" rel="nofollow"> http://www.tinyurl.com/producenotevideo</a> Nice post. On foreclosure: I like the produce-the-note strategy. I live in Tampa and know one person he helped, and it actually worked. They did not get the entire home paid for, but they got terms adjusted to be favorable and they were able to avoid foreclosure. It really varries by situation and probably the laws of your state on how far this goes. This site has all the videos they have done. Watch all the videos here:


http://www.tinyurl.com/producenotevideo

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By: elle http://www.keepmyhouse.com/2009/03/02/who-owns-my-mortgage/#comment-589 elle Thu, 26 Mar 2009 12:35:34 +0000 http://www.keepmyhouse.com/?p=323#comment-589 I cannot even find out who owns my mortgage in a court of law. Parties are challenging court discovery claiming this information is confidential. I am not in foreclosure but will have to go into foreclosure to determine who owns my mortgage. Any loan modifications, by law, are invalid if the contract does not identify the current owner of mortgage for whom the servicer acts (modifies)on behalf of. To answer the above question - if you know the trust series that your mortgage loan was securitized into (if this case the servicer is Carrington - who purchased New Century Financial Corp. servicing rights) then you will know who hold your mortgage. The security underwriters to the trust series (names such as Credit Suisse, Banc of America Securities, Citigroup etc.) are the ONLY certificate holders to the trust series. All certificates to trust series are sold to the named security underwriters ONLY (you may locate this information in Securities and Exchange Documents such as 424B5 prospectus and 8-K (not the pooling and servicing agreement)). Sometimes a collateral annex is attached which will show principal amount for mortgages sold to the trust and you may be able to locate a principal balance that matches your own. After the certificates to the trust are sold to the security underwriters, the security underwriters (that is all rights to mortgage loans are sold to security underwriters) then will repackage the loans into Collateralized Mortgage Obligations (CMOs/CDOs) which are THEN broken into pieces and sold around the world. Right now there are few investors in the CMOs/CDOs. It important to know that is the named security underwriter on trust series who owns your loan. Now government is trying to get these loans off the books of the banks - THEY ARE THE ONLY ONES WHO OWN THE MORTGAGE LOANS as all certificates to created trusts are sold to named security underwriter. Hope this helps - but it will be difficult to find out which Bank (security underwriter)owns your loan if you cannot locate the right trust series for your mortgage. Further, if your loan was tossed out of the trust series because it was deemed a "scratch and dent" (missing documents, early payment default, breach of representation), then your loan was probably sold to a debt buyer - and you may never find the location (early payment defaults or first payment default classifications were usually false as the borrower actually paid but the servicer misrepresented the actual due date - servicers have reported their non-compliance to the Securities and Exchange regarding misrepresentation of the actual due date). I cannot identify any law that states you have a right to know who owns your loan (aside from issues in foreclosure). We need precedent law to establish this right. I cannot even find out who owns my mortgage in a court of law. Parties are challenging court discovery claiming this information is confidential. I am not in foreclosure but will have to go into foreclosure to determine who owns my mortgage. Any loan modifications, by law, are invalid if the contract does not identify the current owner of mortgage for whom the servicer acts (modifies)on behalf of.

To answer the above question - if you know the trust series that your mortgage loan was securitized into (if this case the servicer is Carrington - who purchased New Century Financial Corp. servicing rights) then you will know who hold your mortgage. The security underwriters to the trust series (names such as Credit Suisse, Banc of America Securities, Citigroup etc.) are the ONLY certificate holders to the trust series. All certificates to trust series are sold to the named security underwriters ONLY (you may locate this information in Securities and Exchange Documents such as 424B5 prospectus and 8-K (not the pooling and servicing agreement)). Sometimes a collateral annex is attached which will show principal amount for mortgages sold to the trust and you may be able to locate a principal balance that matches your own. After the certificates to the trust are sold to the security underwriters, the security underwriters (that is all rights to mortgage loans are sold to security underwriters) then will repackage the loans into Collateralized Mortgage Obligations (CMOs/CDOs) which are THEN broken into pieces and sold around the world. Right now there are few investors in the CMOs/CDOs. It important to know that is the named security underwriter on trust series who owns your loan. Now government is trying to get these loans off the books of the banks - THEY ARE THE ONLY ONES WHO OWN THE MORTGAGE LOANS as all certificates to created trusts are sold to named security underwriter.

Hope this helps - but it will be difficult to find out which Bank (security underwriter)owns your loan if you cannot locate the right trust series for your mortgage. Further, if your loan was tossed out of the trust series because it was deemed a “scratch and dent” (missing documents, early payment default, breach of representation), then your loan was probably sold to a debt buyer - and you may never find the location (early payment defaults or first payment default classifications were usually false as the borrower actually paid but the servicer misrepresented the actual due date - servicers have reported their non-compliance to the Securities and Exchange regarding misrepresentation of the actual due date).

I cannot identify any law that states you have a right to know who owns your loan (aside from issues in foreclosure). We need precedent law to establish this right.

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By: Debbie Bannister http://www.keepmyhouse.com/2009/03/02/who-owns-my-mortgage/#comment-529 Debbie Bannister Tue, 24 Mar 2009 00:21:21 +0000 http://www.keepmyhouse.com/?p=323#comment-529 I need help to find out who my investor is? I have found out that freddie Mac and Fannie Mae do not own my loan. It is owned by a private investor who will not for any reason do a loan modification for me. I need help. Why didn't they tell me this upfront? I have been playing the games of the lender for 4 months all to find out in the end they won't help.... what can I do? I need help. I need help to find out who my investor is? I have found out that freddie Mac and Fannie Mae do not own my loan. It is owned by a private investor who will not for any reason do a loan modification for me. I need help. Why didn’t they tell me this upfront? I have been playing the games of the lender for 4 months all to find out in the end they won’t help…. what can I do? I need help.

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By: Jay http://www.keepmyhouse.com/2009/03/02/who-owns-my-mortgage/#comment-513 Jay Mon, 23 Mar 2009 14:44:42 +0000 http://www.keepmyhouse.com/?p=323#comment-513 I agree - it has been a roller coaster my email replies from the servicer are just a copy of what you just wrote about how to qualify for a Modification. I agree - it has been a roller coaster my email replies from the servicer are just a copy of what you just wrote about how to qualify for a Modification.

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By: Larry Rubinoff http://www.keepmyhouse.com/2009/03/02/who-owns-my-mortgage/#comment-278 Larry Rubinoff Mon, 02 Mar 2009 18:27:55 +0000 http://www.keepmyhouse.com/?p=323#comment-278 You do have a right to know who owns your note. Most servicing compnaies will not tell you but part of the problem is that when you call, the person who you are speaking to does not know and cannot find out. What you must do is send the request in "writing", certified mail, return receipt requested. Now you are on record as to having requested the information and have proof that your request had been received. This having a record of your request may come in handy at some point in time - especially if you go into foreclosure. One more thing you can do. Go to your county courthouse and search public records. Sometimes - although not very often - when your note was sold or assigned, it was recorded in public records the same as your mortgage was. Who owns your note is a major issue - one I write about - as it takes the actual proven owner of a mortgage note to actually foreclose on someone. In the haste to securitize loans, lenders failed to do the proper paperwork and recording. As a result, many foreclosures are illegal - due to the fact that the "right party in standing" is not taking the aciton. You have seen a lot of media attention on "Produce The Note" lately. It is epidemic and as I say in my writing on the topic - it is something the lenders, servicing companies and Trustees for the securitized trust DO NOT WANT YOU TO KNOW. Why? The answer is simple. According to the law in many states the foreclosure action would be dismissed if the Plaintiff cannot prove ownership of the loan. Many judges around the country are denying foreclosures based on this fact. Good luck in trying to find the owner(s) of your loan. Keep writing and requesting. It is your right to know. You do have a right to know who owns your note. Most servicing compnaies will not tell you but part of the problem is that when you call, the person who you are speaking to does not know and cannot find out.

What you must do is send the request in “writing”, certified mail, return receipt requested. Now you are on record as to having requested the information and have proof that your request had been received.

This having a record of your request may come in handy at some point in time - especially if you go into foreclosure.

One more thing you can do. Go to your county courthouse and search public records. Sometimes - although not very often - when your note was sold or assigned, it was recorded in public records the same as your mortgage was.

Who owns your note is a major issue - one I write about - as it takes the actual proven owner of a mortgage note to actually foreclose on someone. In the haste to securitize loans, lenders failed to do the proper paperwork and recording. As a result, many foreclosures are illegal - due to the fact that the “right party in standing” is not taking the aciton.

You have seen a lot of media attention on “Produce The Note” lately. It is epidemic and as I say in my writing on the topic - it is something the lenders, servicing companies and Trustees for the securitized trust DO NOT WANT YOU TO KNOW. Why? The answer is simple. According to the law in many states the foreclosure action would be dismissed if the Plaintiff cannot prove ownership of the loan. Many judges around the country are denying foreclosures based on this fact.

Good luck in trying to find the owner(s) of your loan. Keep writing and requesting. It is your right to know.

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