continues...or does it?
an update:
some of you know on this forum that i have spent literary years trying to resolve my problems with getting chase to foreclose on our old home in new jersey. after finally having time to pull the court and county records it's been found that chase never was assigned my mortgage. so, i have now become one of the walking dead in this country.
someone commented to me about my situation:
"With the volume of fraudulent mortgages which occurred, there was no way the actual lender could have recorded all those deeds all over the country, which is of course, why the banks designed MERS. Numerous cases now, uphold that MERS was never a beneficiary and cannot foreclose itself. Your documents are one of the millions which are now a broken chain of title. Chase does not have the right to do anything unless there was a recording filed in your county recording office. If the mortgage was recorded as satisfied, then that sounds hopeful. MERS was never a lender nor a beneficiary; only a data system used by the banks."
further and apparently, others have taken this situation to task:
Mortgage Electronic Registration Systems, Inc. v. Lisa Marie Chong, et al. (United States District Court, District of Nevada)
On December 4, 2009, Judge Dawson found that "MERS provided no evidence that it was the agent or nominee for the current owner of the beneficial interest in the note, it has failed to meet its burden of establishing that it is a real party in interest with standing." He issued his decision in 5 of the 18 cases (In re Chong, In re Pilatich, In re Cortes, In Re Medina and In re O’Dell) on appeal but declined to hold that "MERS would not be able to establish itself as a real party in interest had it identified the holder of the note or provided sufficient evidence of the source of its authority."[17]http://en.wikipedia.org/wiki/Mortgag...s#cite_note-17(i am NOT a wikipedia fan at all put this is an ok reference point).
chase was not the originator of the loan, it was a mortgage brokerage firm, whom at first sold it to wells fargo. that went fine, but about 6 months past and we were advised chase would now be the servicer of the loan, and then another six months or so past and we got a letter stating chase purchased our loan...or did they...
after what happened to so many of us...pledged with job loses, illness, hardships that seemingly wouldn't stop, we found ourselves like so many others, just not being able to pay all of our bills. raising interest rates and medical bills on top of it, was just the final straw for us ...we ended up leaving...just left, or better stated were forced from our home because of chase's refusal (and now known trickery) to work with us on a loan modification. some of you may recall we were served smack in the middle of our mod and had 35 days to respond. although we lived in a judicial state, we found the pressure of it all, was simply too much for us. we packed up what we could and hired someone to clean out the sleds and out buildings only to find within a weeks time someone had padlocked all the buildings and winterized the house. to this day we have no idea who it was.
upon examining the summons a bit closer chase filed the complaint and the lis pendens listing chase on the top, however in the body of the instruments are all stating MERS as the plaintiffs.... come to find out, one just can't' do that.
further chase claims that we; in the second count of the complaint "at all times deprived the plaintiffs of the premises" in other words denied them access. the complaint went on and on and remember this is only a couple weeks after we physically met with a rep from chase who was working on our loan mod.
5 years have past and i want that deed out of my name. it's been suggested to pay some druggie (true story) a few bucks to let us transfer it out of our names. wish we were that type of people, but we just can't do it that way. an atty is now reviewing the situation...actually thanks to this forum and to those that i have met here. you are truly a blessing for so many and i know have helped so many through their hard times.
well...that's the update, can't wait to see what the atty thinks after he reviews it all.
an update:
some of you know on this forum that i have spent literary years trying to resolve my problems with getting chase to foreclose on our old home in new jersey. after finally having time to pull the court and county records it's been found that chase never was assigned my mortgage. so, i have now become one of the walking dead in this country.
someone commented to me about my situation:
"With the volume of fraudulent mortgages which occurred, there was no way the actual lender could have recorded all those deeds all over the country, which is of course, why the banks designed MERS. Numerous cases now, uphold that MERS was never a beneficiary and cannot foreclose itself. Your documents are one of the millions which are now a broken chain of title. Chase does not have the right to do anything unless there was a recording filed in your county recording office. If the mortgage was recorded as satisfied, then that sounds hopeful. MERS was never a lender nor a beneficiary; only a data system used by the banks."
further and apparently, others have taken this situation to task:
Mortgage Electronic Registration Systems, Inc. v. Lisa Marie Chong, et al. (United States District Court, District of Nevada)
On December 4, 2009, Judge Dawson found that "MERS provided no evidence that it was the agent or nominee for the current owner of the beneficial interest in the note, it has failed to meet its burden of establishing that it is a real party in interest with standing." He issued his decision in 5 of the 18 cases (In re Chong, In re Pilatich, In re Cortes, In Re Medina and In re O’Dell) on appeal but declined to hold that "MERS would not be able to establish itself as a real party in interest had it identified the holder of the note or provided sufficient evidence of the source of its authority."[17]http://en.wikipedia.org/wiki/Mortgag...s#cite_note-17(i am NOT a wikipedia fan at all put this is an ok reference point).
chase was not the originator of the loan, it was a mortgage brokerage firm, whom at first sold it to wells fargo. that went fine, but about 6 months past and we were advised chase would now be the servicer of the loan, and then another six months or so past and we got a letter stating chase purchased our loan...or did they...
after what happened to so many of us...pledged with job loses, illness, hardships that seemingly wouldn't stop, we found ourselves like so many others, just not being able to pay all of our bills. raising interest rates and medical bills on top of it, was just the final straw for us ...we ended up leaving...just left, or better stated were forced from our home because of chase's refusal (and now known trickery) to work with us on a loan modification. some of you may recall we were served smack in the middle of our mod and had 35 days to respond. although we lived in a judicial state, we found the pressure of it all, was simply too much for us. we packed up what we could and hired someone to clean out the sleds and out buildings only to find within a weeks time someone had padlocked all the buildings and winterized the house. to this day we have no idea who it was.
upon examining the summons a bit closer chase filed the complaint and the lis pendens listing chase on the top, however in the body of the instruments are all stating MERS as the plaintiffs.... come to find out, one just can't' do that.
further chase claims that we; in the second count of the complaint "at all times deprived the plaintiffs of the premises" in other words denied them access. the complaint went on and on and remember this is only a couple weeks after we physically met with a rep from chase who was working on our loan mod.
5 years have past and i want that deed out of my name. it's been suggested to pay some druggie (true story) a few bucks to let us transfer it out of our names. wish we were that type of people, but we just can't do it that way. an atty is now reviewing the situation...actually thanks to this forum and to those that i have met here. you are truly a blessing for so many and i know have helped so many through their hard times.
well...that's the update, can't wait to see what the atty thinks after he reviews it all.
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Waiting for February 14 2011, date objections due. 
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