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Foreclosed upon In Iowa by Mortgage Investor???


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We have been in a grey area with Bank of America for over a year while attempting to get a loan mod. Working with a wonderful person at non-profit NeighborWorks America. Even just found out that we are eligible for the Dept of Justice new program.

Then WHAM!! last night we were served by the county sheriff for Foreclosure, not by the Mortgage servicer, BOA, but the mortgage Investor, Bank of New York Mellon. Say What!!!!

I realize you can be foreclosed upon while in the modification process, but this is kinda fishy. They are referencing the original Countywide Loan that BOA purchased, yet there is no assignment reflecting this. There is an assignment recorded 8/23 of last year that assigns all interest to BONY Mellon, but nothing showing the chain from CW to BOA.

I am filing a Demand or delay of sale, that will give us 6 months only. But they are also asking for an answer filed within 20 days ???? Answer to what? the judgement of foreclosure. I can submit a denial, but not quite sure what I should deny. Any advice???

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