Comments on: Where’s the note, who’s the holder: Enforcement of the promissory note secured by real estate http://loanworkout.org/2009/02/wheres-the-note-whos-the-holder-enforcement-of-the-promissory-note-secured-by-real-estate/ Loan Modification & Home Loan News Fri, 20 Nov 2009 12:55:43 -0700 http://wordpress.org/?v=2.8.6 hourly 1 By: simon http://loanworkout.org/2009/02/wheres-the-note-whos-the-holder-enforcement-of-the-promissory-note-secured-by-real-estate/#comment-17403 simon Mon, 12 Oct 2009 22:50:03 +0000 http://loanworkout.org/?p=2967#comment-17403 I would like to know how a borrower can obtain the MERS Milestones Report for the mortgage. Also, how can a borrower get in touch with the Note holder (original lender sold at closing), the servicer Wells Fargo refuses any info about the Note holder - I really need to let the Holder know that it bought a Note that was obtained by fraud and predatory lending practices. Wells Fargo is part owner of MERS and look at your mortgages, did you really intend to give every Principal of MERS an interest in your home? MERS is only nominee of Original Lender - once the Lender sold it's interest (the Note) MERS status as Lenders' nominee ended. What they didn't tell you is that MERS is agent for the lender, servicer, etc. and etc. - something not disclosed in the Mortgage, and also never made known to you - you didn't agree to that. I need to get in touch with the Note holder, any info is appreciate - please post here. Thanks Simone Limone I would like to know how a borrower can obtain the MERS Milestones Report for the mortgage. Also, how can a borrower get in touch with the Note holder (original lender sold at closing), the servicer Wells Fargo refuses any info about the Note holder – I really need to let the Holder know that it bought a Note that was obtained by fraud and predatory lending practices.

Wells Fargo is part owner of MERS and look at your mortgages, did you really intend to give every Principal of MERS an interest in your home? MERS is only nominee of Original Lender – once the Lender sold it’s interest (the Note) MERS status as Lenders’ nominee ended.

What they didn’t tell you is that MERS is agent for the lender, servicer, etc. and etc. – something not disclosed in the Mortgage, and also never made known to you – you didn’t agree to that.

I need to get in touch with the Note holder, any info is appreciate – please post here.

Thanks

Simone Limone

]]> By: Where Is The Mortgage Note? | http://loanworkout.org/2009/02/wheres-the-note-whos-the-holder-enforcement-of-the-promissory-note-secured-by-real-estate/#comment-15858 Where Is The Mortgage Note? | Tue, 28 Jul 2009 01:29:37 +0000 http://loanworkout.org/?p=2967#comment-15858 [...] a judicial explanation of this issue, the American Bankruptcy Institute has a more intellectual [...] [...] a judicial explanation of this issue, the American Bankruptcy Institute has a more intellectual [...]

]]> By: Alan Rothman, Esq. http://loanworkout.org/2009/02/wheres-the-note-whos-the-holder-enforcement-of-the-promissory-note-secured-by-real-estate/#comment-15805 Alan Rothman, Esq. Thu, 23 Jul 2009 15:02:52 +0000 http://loanworkout.org/?p=2967#comment-15805 I am looking at those cases where the Bank is acting as a Trustee for a Securitized asset backed receivable LLC. There are limits to the defenses in the Unlawful Detainer setting in California, but you may wish to align with the Landlord-Owner for possible Joint defenses. alanmarkrothman@yahoo.com I am looking at those cases where the Bank is acting as a Trustee for a Securitized asset backed receivable LLC. There are limits to the defenses in the Unlawful Detainer setting in California, but you may wish to align with the Landlord-Owner for possible Joint defenses. alanmarkrothman@yahoo.com

]]> By: shelly http://loanworkout.org/2009/02/wheres-the-note-whos-the-holder-enforcement-of-the-promissory-note-secured-by-real-estate/#comment-15095 shelly Mon, 08 Jun 2009 03:52:49 +0000 http://loanworkout.org/?p=2967#comment-15095 What do I do now? I received a notice hand delivered, "summons on first amended complaint" from a lawyer stating if I fail to file a answer or motion, default judgement may be entered against me. It is in a judicial state and for foreclosure. They say to pay this amount of money and foreclosure will not happen. I have a predatory loan. Whether the foreclosure happens or not they will still continue their antics and suck me dry. Just having them produce the note is one thing but for 5 years I have found fraud every where from this mortgage. From the ARM to the flipping of the loan to not accepting my payments and sending the checks back so they could swindle more, to the escrow. The plaintiffs I have on the document I had no clue existed in my loan. #1. Do I pay them to start at good standing and then go file a motion with the court? #2. Do I file with the court notice to compel? I am using the where is the note -who is the holder, I want the original with my signature on it. I do want to know anyways plus nail these people. I know easier said than done. But what do I do first any one got tips on what to say and how to say? It is Deutsche bank or whoever-- but there is a problem there never signed anything with their name on it. My state is NM. Any advice is greatly appreciated. Also maybe an attorney or forensic auditor would be nice. Thanks What do I do now? I received a notice hand delivered, “summons on first amended complaint” from a lawyer stating if I fail to file a answer or motion, default judgement may be entered against me. It is in a judicial state and for foreclosure. They say to pay this amount of money and foreclosure will not happen. I have a predatory loan. Whether the foreclosure happens or not they will still continue their antics and suck me dry. Just having them produce the note is one thing but for 5 years I have found fraud every where from this mortgage. From the ARM to the flipping of the loan to not accepting my payments and sending the checks back so they could swindle more, to the escrow. The plaintiffs I have on the document I had no clue existed in my loan. #1. Do I pay them to start at good standing and then go file a motion with the court? #2. Do I file with the court notice to compel? I am using the where is the note -who is the holder, I want the original with my signature on it. I do want to know anyways plus nail these people. I know easier said than done. But what do I do first any one got tips on what to say and how to say? It is Deutsche bank or whoever– but there is a problem there never signed anything with their name on it. My state is NM. Any advice is greatly appreciated. Also maybe an attorney or forensic auditor would be nice. Thanks

]]> By: Grace Weatherly http://loanworkout.org/2009/02/wheres-the-note-whos-the-holder-enforcement-of-the-promissory-note-secured-by-real-estate/#comment-15064 Grace Weatherly Fri, 05 Jun 2009 21:43:40 +0000 http://loanworkout.org/?p=2967#comment-15064 You may be interested in a Texas court of appeals opinion I got in a pro bono case today. The court held that the trial court lacked jurisiction to decide possession in a post-foreclosure eviction action by MERS. There was no evidence of MERS' interest in the property and title must be detemined prior to determining possession. Email me if you want a copy of the opinion. grace@wtwlawfirm.com You may be interested in a Texas court of appeals opinion I got in a pro bono case today. The court held that the trial court lacked jurisiction to decide possession in a post-foreclosure eviction action by MERS. There was no evidence of MERS’ interest in the property and title must be detemined prior to determining possession. Email me if you want a copy of the opinion. grace@wtwlawfirm.com

]]> By: Miles http://loanworkout.org/2009/02/wheres-the-note-whos-the-holder-enforcement-of-the-promissory-note-secured-by-real-estate/#comment-14829 Miles Tue, 19 May 2009 18:11:29 +0000 http://loanworkout.org/?p=2967#comment-14829 I'm currently up to my eye-balls in credit cardt debt and am being sued by one of the card owners. Since this all ties and is affecting our mortgage payments; can anything be done with regards to UCC law and the securitization of the card agreement? I understand banks and credit card companies can take the security and sell it for up to 9 time the original credit limit there by receiveing payment for the account. This is something I've not seen disclosed in an agreement. Can this non-disclosure be a grounds for breach of contract under UCC Law? Also, is there any credibility to the idea that banks acn neither loan thier depositors money and, cannot loan credit? Thanks! Miles I’m currently up to my eye-balls in credit cardt debt and am being sued by one of the card owners.
Since this all ties and is affecting our mortgage payments; can anything be done with regards to UCC law and the securitization of the card agreement?
I understand banks and credit card companies can take the security and sell it for up to 9 time the original credit limit there by receiveing payment for the account. This is something I’ve not seen disclosed in an agreement.
Can this non-disclosure be a grounds for breach of contract under UCC Law?
Also, is there any credibility to the idea that banks acn neither loan thier depositors money and, cannot loan credit?

Thanks!

Miles

]]> By: GRACE http://loanworkout.org/2009/02/wheres-the-note-whos-the-holder-enforcement-of-the-promissory-note-secured-by-real-estate/#comment-13946 GRACE Tue, 14 Apr 2009 03:04:49 +0000 http://loanworkout.org/?p=2967#comment-13946 Don't pay the lender another dime unless they can produce the note; if they sue you or attempt to foreclose, file a lis pendens. I stood up to Wells Fargo for over 5 years, refused to pay them...and whomever owned the note...well the statue of limitations has passed i.e. last payment theory ..also on unsecured debts i.e. if note ownership can't be proven...Just don't leave your home...and ignore them until they can produce the note..time is almost near as I knew it was coming ...the lenders are being forced to face the fire ...a day they never believed would come....the critical mass has evolved...and is building steam that may never of come...but thanks to the few brave courts who stepped up to the back...and said ...wait a minute...where are the notes? Don’t pay the lender another dime unless they can produce the note; if they sue you or attempt to foreclose, file a lis pendens. I stood up to Wells Fargo for over 5 years, refused to pay them…and whomever owned the note…well the statue of limitations has passed i.e. last payment theory ..also on unsecured debts i.e. if note ownership can’t be proven…Just don’t leave your home…and ignore them until they can produce the note..time is almost near as I knew it was coming …the lenders are being forced to face the fire …a day they never believed would come….the critical mass has evolved…and is building steam that may never of come…but thanks to the few brave courts who stepped up to the back…and said …wait a minute…where are the notes?

]]> By: bob http://loanworkout.org/2009/02/wheres-the-note-whos-the-holder-enforcement-of-the-promissory-note-secured-by-real-estate/#comment-13768 bob Tue, 07 Apr 2009 18:51:05 +0000 http://loanworkout.org/?p=2967#comment-13768 get a good lawyer. all of you. get a good lawyer. all of you.

]]> By: stephen marettie http://loanworkout.org/2009/02/wheres-the-note-whos-the-holder-enforcement-of-the-promissory-note-secured-by-real-estate/#comment-13488 stephen marettie Sun, 29 Mar 2009 20:12:32 +0000 http://loanworkout.org/?p=2967#comment-13488 I have the note signed in ink. I'm in foreclosure and made all my payments never been late or missed a payment. ten days after filing for the foreclosure someone did an assignment of mortgage and signed it as the vp of mers solely as a nominee for the original lender who is no longer in business. Fraud is Fraud. what do you do now? I have the note signed in ink. I’m in foreclosure and made all my payments never been late or missed a payment. ten days after filing for the foreclosure someone did an assignment of mortgage and signed it as the vp of mers solely as a nominee for the original lender who is no longer in business. Fraud is Fraud. what do you do now?

]]> By: Greg http://loanworkout.org/2009/02/wheres-the-note-whos-the-holder-enforcement-of-the-promissory-note-secured-by-real-estate/#comment-13139 Greg Fri, 20 Mar 2009 09:22:29 +0000 http://loanworkout.org/?p=2967#comment-13139 I wonder how long it will be before powerful banking interests manage to change the law to eliminate that loophole. I wonder how long it will be before powerful banking interests manage to change the law to eliminate that loophole.

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