What doc's does mortgage company have to show at foreclosure proceeding?

[tyson24]

Chase bank lifted the stay on my mortgage yesterday. They did so by sending (or electronically filing) to the court some documents. I have had this house for 15 years and have not made a payment for the last 2 1/2 years, yet no foreclosure.

So now, in the 11th hour (exactly 3 days before I was discharged) they get the stay lifted with a proceeding that happened automatically with the court with a "mootness" motion, because the automatic order was issued AFTER my discharge.

Looking through the electronic doc's filed with the court, MERS assigned my mortgage to Chase IT SAYS, back in 2008, with one document that was signed with MERS authorizing Chase to take over my mortgage. Previous to this, we had a different mortgage company that was taken over by the FDIC I found out, after digging and digging.

How does MERS get my mortgage? And how did they get it from my former mortgage company?

There are no documents to this effect at all...anywhere.

What exactly does Chase have to show the court that proves they have the right to foreclose on my property?

It appears that MERS was the holder of my loan, but that isn't true. And my mortgage company previous to Chase is not listed on MERS, which I think is very weird.

Anyone with info on this, I would kiss you if you could answer this for me. I think there is some funny business going on here.

[Charlie777]

This is par for the course with the whole foreclosure mess. There was just a decision in Massachusetts that said this isn't enough.

You need to see whether Minnesota is a judicial or non-judicial foreclosure state. But what is it you're trying to do? You didn't reaffirm the mortgage so they can foreclose, I'm not even sure they have to prove the note anymore because it's been discharged.

[tyson24]

I found this interesting bit on a case in MO- And MERS cannot produce where they got the authority to transfer or assign my note...Not like I think I don't owe the money but this MERS crap is crazy. If they were ever involved with your home, BEWARE!

The Missouri court found that, because MERS was not the original holder of the promissory note and because the record contained no evidence that the original holder of the note authorized MERS to transfer the note, the language of the assignment purporting to transfer the promissory note was ineffective. "MERS never held the promissory note, thus its assignment of the deed of trust to Ocwen separate from the note had no force." 284 S.W.3d at 624; see also In re Wilhelm, 407 B.R. 392 (Bankr. D. Idaho 2009) (standard mortgage note language does not expressly or implicitly authorize MERS to transfer the note); In re Vargas, 396 B.R. 511, 517 (Bankr. C.D. Cal. 2008)

Wherefore the Plaintiff pleads to the Court to be granted the Motion for Injunction for the protection of their home and protection from the planned eviction by use of MERS.

[tyson24]

Honestly, I don't know what I am trying to do LOL...

I just think it is all really shady. We are collecting rental income and I guess i just want to continue to do so. I feel like they don't truly own the house. I really don't want the actual house I don't live in it, it is investment property. but I don't want them pulling anything over on me either. They did file an Assignment of Mortgage with the court for the relief of stay motion, but it is from MERS, and I signed my papers with Irwin Mortgage. Now Chase owns it? I guess I am just hesitant to believe that when I haven't made a payment in 2 and a half years and they have not foreclosed on me, millions of canceled sale dates etc... Something is fishy and they are just trying to fly it by the court.

[HHM]

At the end of the day, if you haven't been paying your mortgage, it really doesn't matter. SOMEONE has the right to foreclose. Despite all the hoopla, not much is really going to come of this. There will be the occasional sensational story about improper foreclosure or someone getting a free house, but all said and done, the house goes away one way or the other.

[SunshineGal]

How does MERS get my mortgage? And how did they get it from my former mortgage company?

There are no documents to this effect at all...anywhere.

MERS stands for Mortgage Electronic Registration Systems and 99.9% of conventional mortgages will include an assignment to MERS, along with ISAOA, which stands for "It's accessors and or assigns". You'll find it listed within your actual mortgage documents, I believe right on the first page of the mortgage itself. (not the note, but the mortgage that is recorded in the Official Records of the county clerk's office.

Hope that helps.

[tyson24]

MERS stands for Mortgage Electronic Registration Systems and 99.9% of conventional mortgages will include an assignment to MERS, along with ISAOA, which stands for "It's accessors and or assigns". You'll find it listed within your actual mortgage documents, I believe right on the first page of the mortgage itself. (not the note, but the mortgage that is recorded in the Official Records of the county clerk's office.

Hope that helps.

The problem here is that the only document that is filed with my country recorder's office is in fact the one that MERS filed in January 2008. My original mortgage was October 2005 and never had anything to do with MERS. My former mortgage company did not use MERS, or I believe that it would be on my MERS report. I had a previous loan with Suntrust before 2005 and they are on there as well as another one (we refied 4 times) but not the one we signed with in 2005.

I just think if we can make MERS have to prove where they got the authority to transfer my mortgage, we may be able to buy some time. Maybe, just maybe, a judge won't let this fly through though.

HHM- I know there is all this "Omg, maybe I can get my house free and clear.." crap going around, and that is not what I am hoping for in any way, nor do I think it is really possible except in extreme cases. Just trying to buy myself some time collecting the rental income. I just think they should have to produce a document saying they own my house, and not because some computer entity says they do. The rental is really a thorn in my rear and how we ended up in BK in the first place...spending all our savings because people couldn't pay their rent.

[SunshineGal]

If you're sure that MERS isn't in the mortgage, than look for a later assignment. It's not uncommon to see a lender assign a mortgage to MERS long after the loan closes. An assignment will still show up under your name and the property legal description if one was recorded. If not, than you may be able to force them to prove they have the rights to the note and yes, it should buy you more time.

[tyson24]

Well I looked at the things that they uploaded onto pacer, and yes MERS is in the doc's. Not in the ones that were sent to my house (like 34 pages that I paid for on Pacer) but on Pacer. That is why I never saw it. A big fat MERS right on the first page of that note. Great!!! Well, at least I won't have to fret about what to do...just how to buy a little more time...Like August? Thank you for all the info everyone that chimed in

[lookinupn09]

At the end of the day, if you haven't been paying your mortgage, it really doesn't matter. SOMEONE has the right to foreclose. Despite all the hoopla, not much is really going to come of this. There will be the occasional sensational story about improper foreclosure or someone getting a free house, but all said and done, the house goes away one way or the other.

After the Mass. decision, this may change. If Indy mac fsb (no longer in business, Countrywide, no longer in business) was the original holder of the note, and it wasn't transferred, and the current mortgage company can't prove standing, we have a new ballgame. The courts are going with the laws for the decisions here. A nice and refreshing change. JMO

[nichole04]

The whole idea about wrongful foreclosures due to broken chain of title, robo-signers, MERS, etc. is not to get a free house but to get a clear title to the house once it is paid off. Check out the following websites to learn more about this:

https://www.livinglies.wordpress.com

https://www.msfraud.org

https://www.4closurefraud.org

https://www.chinkinthearmor.net