Chase Never Recorded Our Mortgage!! But sent a Lis Pendens!!!

[PANSYFACE]

Hey Tobee43 -
we have a similar situation with BOA. We have kept up the insurance but couldn't pay the taxes so BOA started to pay them.
We want to stay in our home but need a mod or miracle to do so. However, our mortgage is not recorded in the county records either! I have the cancelled mortgage docs from the previous lender Washington Mutual. I'm holding my breath that the reason they haven't tried to foreclose is that they have no documents to do so. We haven't made payment since Nov 2010 when I got sick and had to give up my practice.

This is all very interesting!

[LadyInTheRed]

Toobee, maybe you can donate the land to a land conservancy or some other charity. Get the property out of your name and a nice tax deduction.

[tobee43]

Toobee, maybe you can donate the land to a land conservancy or some other charity. Get the property out of your name and a nice tax deduction.

you are brilliant..i just called an atty (thank bk forum!) that is looking into this...says it's all too strange, so we will see. that is such an excellent idea Lady!

Hey Tobee43 -
we have a similar situation with BOA. We have kept up the insurance but couldn't pay the taxes so BOA started to pay them.
We want to stay in our home but need a mod or miracle to do so. However, our mortgage is not recorded in the county records either! I have the cancelled mortgage docs from the previous lender Washington Mutual. I'm holding my breath that the reason they haven't tried to foreclose is that they have no documents to do so. We haven't made payment since Nov 2010 when I got sick and had to give up my practice.

PANSYFACE! first, i hope you are doing better... i know, it's really scary tho! when i spoke to the atty, he said the same thing...this is VERY interesting. i can't locate the docket number, so he'll be checking to see what happened. this is nuts because there is absolutely no mortgage on record the last thing pertaining to the mortgage is the one stating it's satisfied and then the lis pendens...lol!!

i don't know how chase can be doing this in THEIR name on the top but in the body of the instruments are all MERS and or another company a mortgage brokerage firm which they name as well, however, they don't hold notes.

crazy stuff. i think i have an official zombie mortgage note.

[subking]

Hey Tobee43 -
we have a similar situation with BOA. We have kept up the insurance but couldn't pay the taxes so BOA started to pay them.
We want to stay in our home but need a mod or miracle to do so. However, our mortgage is not recorded in the county records either! I have the cancelled mortgage docs from the previous lender Washington Mutual. I'm holding my breath that the reason they haven't tried to foreclose is that they have no documents to do so. We haven't made payment since Nov 2010 when I got sick and had to give up my practice.

This is all very interesting!

Were with BOA as well, went from GMAC, to Country Wide, and then BOA, and a second with Greentree that went to them from Wells Fargo both were transfered after we were discharged in chapter 7 and not reaffirmed. I've had it with BOA, I mean I do wish you luck getting a mod but we've tried over and over with them, sent them doc after doc, and package after package just an endless amount of paper. They are no help and will give us no information. They can not be trusted.

They refuse to give us the DOJ mod, they claim we don't qualify, but give no explanation as to why. We don't qualify for HAMP but they did offer their own mod but they called it a forbearance. They wanted 3 payments over three months which were just about the same as our normal payment, wanted us to pay all back and current taxes, and then they promised to consider us for a permanent mod. but again with nothing in writing saying what that would entail.

Since they refuse to give us any terms as to what this new agreement will be, the amount we will pay later, the interest rate, or give us any explnation as to where the three payments would be applied we said hell no

Were not paying them anything, we want to move on, but they have done nothing so were waiting to see whats gonna happen. I really can't wait to dump this house on them, its in such bad shape inside they won't make anything and will have to give it away.

[tobee43]

i hear you subking! i mean your damned if you do and damned if you don't! i don't get it. why not help people who want to stay?? what are they going to do with the property.

i just located the letter is send chase when we got served the summons while smack in the middle of our loan modification. (which never came through). shoot my only saving grace is chase took possession in a form of seizure: . bank people on the premises and either changing the locks, key blocking, or chaining. (we know that because we had it up for sale when we left and the real estate co. told us).

i just don't understand the banks...

[subking]

If they had any real intrest it would be easy. Put the past due amount on the back, reduce the interest rate to prime, forgive some of the princpal, and give us a payment we can live with. I'm pretty sure most people would stay if they cut the BS out.

[tobee43]

well, what really gets me is there are no government agency to watchdog these mods. really nice, the government was suppose to make certain some of the money we paid in our taxes to help US...yet they, the banksters most certainly got their bonus and pay raises.

[TBA]

I wonder what a title co would do with this... I mean, would they be able to offer clear title right now? It is so strange. I can only imagine how much title work will go up as these properties get put back into the market.

[subking]

well, what really gets me is there are no government agency to watchdog these mods. really nice, the government was suppose to make certain some of the money we paid in our taxes to help US...yet they, the banksters most certainly got their bonus and pay raises.

Thats a huge problem to me. I mean were supposed to have access to the DOJ mod, however BOA tells us and I'm sure others we dont qualify and gave us no explanation as to why. Whos watching them and what gives them the right to say who qualifies and who deosn't?? Its crazy to think they were bailed out with our funds but yet won't do anything to help most of the people who need it.

The easiest way to solve this is give people reasonable mods, put the past due amounts on the back, give a reasonable interest rate, and forgive a part of the principal. That way people keep their homes, the bank doesn't lose their investment, and people aren't living next to abandoned homes. Instead they lie, try to get funds from people by lying to get as much from them as possible, and then foreclose anyway. I wouldn't sign anything or agree to any terms unless everything is in writing and fully in writing before I sent them any funds, if you do they will take your funds and not follow through. They lie, do not trust anything the banks tell you.

[tobee43]

well, the only lien on our old property is the mortgage, and while the mortgage itself is discharged, the property is still and will forever and a day show ownership until that deed passes through to someone else i don't have high hopes that our property will ever go back up to the market place. after doing some research "bank walkaways" are becoming more and more common. although i have no financial liability. also, the fact is, in our case the bank "seized" the property by changing the locks..so they took possession. i think that is our only saving grace.

hhm predicted this a long time back...

( the appeal is listed first sorry!)

in Canning V Beneficial Maine and HSBC;http://www.bap1.uscourts.gov/bap.pdf...ns/11-034P.pdf the courts found that not foreclosing is not a violation of any bk code. so really all i can do is wait and hope chase stops paying the taxes and the property goes back to the state for tax sale. http://www.meb.uscourts.gov/Judges/Canning_09-2080.pdf


"The Maine Bankruptcy Court recently ruled in Canning v. Beneficial Maine and HSBC that Beneficial Maine and HSBC violated the discharge injunction when they sent notices seeking payment of money for a discharged debt on real estate that the debtors surrendered in a Chapter 7 bankruptcy case. The Court awarded modest damages against Beneficial Maine and HSBC, noting that the limited efforts to collect the discharged debt were corrected later by the lenders.

Debtors also asserted that the lenders violated the discharge injunction by refusing to either foreclose on the surrendered property or release their mortgage lien, using the In re Pratt decision by the First Circuit Court of Appeals as the basis for the demand that the lenders take one of the two courses of action. The Bankruptcy Court concluded that In re Pratt was inapplicable in this circumstance because the real estate had some value, notwithstanding the fact that the real estate was in poor condition, was abandoned, and had lowered in value from $86,000 at the time of filing to $75,000 a year later. In Pratt, the First Circuit held that GMAC's failure to release its lien on an abandoned vehicle was a violation of the discharge injunction. The Bankruptcy Court ruled against Canning on this second alleged discharge injunction, but Canning has appealed to the Bankrutpcy Appellate Panel for the First Circuit (BAP). and lost!


i have researched and found atty's are baffled at this problem, one that now is just beginning to peak it's ugly head. one atty filed a quit claim deed back to the bank...i have yet to read or hear about the outcome of that...those that filed bk think they are free and clear in the spirit of a "fresh" start after bk, only to find more and more lenders are just walking away. i'm certain our situation is what it is for two reasons...1...MERS cannot be named as a plaintiff in a foreclosure proceeding, and 2. the property at this point may not be salvageable.

subking, exactly, and really this is such a terrible situation. i have no faith in the banking system anymore.

[PANSYFACE]

I highly doubt we would get a mod - but we are staying until they throw us out. Maybe we will win the lottery!!!!

[tobee43]

I highly doubt we would get a mod - but we are staying until they throw us out. Maybe we will win the lottery!!!!

lol!! yes, stay! and could be, maybe the next huge lottery will be yours!

[subking]

tobee, I've been reading your situation since I came here. Its very unusual how things have went for you over the years considering they took possesion from the begining and the just let the home rot. I don't see how any of this can really harm you or come back on you at least I hope it doesn't. Other then not having the deed changed your done with them. I'm sure it not easy to just forget about when something is out there in your name but I wouldn't spend funds of court or atty fees unless its necessary.

I got a call from BOA, they said its a monthly checking on us call, whatever that means.

[tobee43]

tobee, I've been reading your situation since I came here. Its very unusual how things have went for you over the years considering they took possesion from the begining and the just let the home rot. I don't see how any of this can really harm you or come back on you at least I hope it doesn't. Other then not having the deed changed your done with them. I'm sure it not easy to just forget about when something is out there in your name but I wouldn't spend funds of court or atty fees unless its necessary.

I got a call from BOA, they said its a monthly checking on us call, whatever that means.

you're exactly correct, from your finger tips to God's ears.... in our situation the fact that chase changed the locks is a good thing as that is considered by the law as a seizure.

i just don't want that knock on the door one day when i least expect it. i would really like it gone for good. i took the banks threats seriously and that is why we ended up leaving in the first place. i have all the records and all their threats they sent in writing, the summons to either fight the foreclosure or basically vacate the premises. answer the summons or they are proceeding with the foreclosure etc. i kept it all, letter after letter and emails from the person who was helping us with our loan mod...i have it all. we didn't plan a walk...we were forced to leave by the banks threats.

i wish you the best with b o a. i know they are just a bad.

[brokeinfl]

Thanks for this thread. I just checked the county records and chase was just assigned mortgage after 7 years. It was recorded during the BK process. Don't know much about these things, but it appears this was done in hasty anticipation of possible default. Assignment after 7 years just doesn't seem kosher.