Tootsie88

Who really owns my Mortgage?

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I have been trying to find who really owns my mortgage/note. I've sent a QWR (twice) and still no cigar. They won't even tell me who the investors are. And I was unaware that certain investors can remain anonymous as well. What is the big secret? There has to be some instrument showing who owns the mortgage.

 

I am beyond annoyed by this. 

 

Any help is greatly appreciated.

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Two QWRs requests is not a lot from my experience. It is a slow grind getting any real information out of a major servicer/debt collector. IMO

 

QWR is targeted for servicing issues in the main. Read the appropriate section of RESPA/TILA to get a good understanding. I assume that servicers/debt collectors will often stonewall answering even basic servicing questions.

Dated information here: http://portal.hud.gov/hudportal/HUD?src=/program_offices/housing/ramh/res/reslettr

(Webpage doesn't reflect the 5 days to acknowledge and 30 days to address the issue brought up in a QWR)

(I would not chose to speak with a servicer/debt collector in relation to a QWR - put it in writing. Prefer CMRRR)

http://portal.hud.gov/hudportal/HUD?src=/program_offices/housing/rmra/res/respa_hm

 

Here is a 2012 case that references the 5 & 30 day acknowledgement/response requirements now required in 12 U.S.C. § 2605(e) http://www.law.cornell.edu/uscode/text/12/2605 :

Amini v. Bank of America Corp., Dist. Court, WD Washington 2012  http://scholar.google.com/scholar_case?case=11887100452447514132

DISCUSSION
A. Real Estate Settlement and Procedures Act ("RESPA"), 12 U.S.C. § 2605(e)
RESPA requires lenders and loan servicers to timely respond to Qualified Written Requests ("QWRs") from borrowers. Within 5 days of receipt of a QWR from a borrower, a lender or servicer must provide written acknowledgment. 12 U.S.C. § 2605(e)(1)(A).[5] Within 30 days after receiving a QWR, the servicer must provide the borrower with a written response that includes the information requested by the borrower or an explanation of why the information is unavailable or cannot be obtained by the servicer. 12 U.S.C. § 2605(e)(2)(C ).

 

I would want to read and reread all publicly recorded documents related to the mortgage/deed of trust for clues as to the "owner". This should show the most recently recorded mortgage holder (not necessarily the current alleged mortgage holder). If it is listed as MERS aka "nominee" it will not reveal the real mortgage owner. That is by design.

 

I would assume the underlying note is gone (it usually best to destroy any evidence of fraud if you must commit fraud) and copies of the original note or a forgery of a note sold to another party would be all that is typically available. The note is not a big concern in most courts. "Show me the note" arguments are dead in Arizona court and presumably most other courts throughout the country. Despite the fact that the note drives the security not the reverse. A note can exist without a security but a security without a note would be a nullity FAIK. If the servicer addresses anything it will always be the security or some old copy of the note or worse. They will talk about the homeowner being in default and not the note being in default. Example: If I don't pay my property taxes but my father timely pays them am I in default on my property taxes? Maybe, but my property taxes are not in default which is all that actually matters.

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@Tootsie88 - what's going on?

It's really BAD big Sis... I mean really BAD! My Mod is loaded with robo signers from the affiant to the notary to the note to the mortgage docs. The bank forged my signature on the note and the mortgage. And what's worse is what I signed is completely different from what they submitted to the county clerks office. I called HUD and well, let's just say they are not happy at all. I have no clue who I'm paying my mortgage to and the servicer continues to tell me what I am requesting is out of the scope of what they can provide. I did the QWR and all they send me is a payment history, a list of codes they use and a fake note and mortgage.

 

Once the government let the banks off the hook who can you trust? I'm certain I can litigate but at what cost? What a mess!

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I just found this on line... 

 

"if you know the trust series that your mortgage loan was securitized into (in this case the servicer ABC - who purchased DEFs servicing rights) then you will know who hold your mortgage. The security underwriters to the trust series (names such as Credit Suisse, Banc of America Securities, Citigroup etc.) are the ONLY certificate holders to the trust series. All certificates to trust series are sold to the named security underwriters ONLY (you may locate this information in Securities and Exchange Documents such as 424B5 prospectus and 8-K (not the pooling and servicing agreement)). Sometimes a collateral annex is attached which will show principal amount for mortgages sold to the trust and you may be able to locate a principal balance that matches your own. After the certificates to the trust are sold to the security underwriters, the security underwriters (that is all rights to mortgage loans are sold to security underwriters) then will repackage the loans into Collateralized Mortgage Obligations (CMOs/CDOs) which are THEN broken into pieces and sold around the world. Right now there are few investors in the CMOs/CDOs. It important to know that is the named security underwriter on trust series who owns your loan. Now government is trying to get these loans off the books of the banks - THEY ARE THE ONLY ONES WHO OWN THE MORTGAGE LOANS as all certificates to created trusts are sold to named security underwriter."

 

Geez!!! Guess I'll start with the SEC.

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I just found this on line... 

 

"if you know the trust series that your mortgage loan was securitized into (in this case the servicer ABC - who purchased DEFs servicing rights) then you will know who hold your mortgage.

...

. It important to know that is the named security underwriter on trust series who owns your loan. Now government is trying to get these loans off the books of the banks - THEY ARE THE ONLY ONES WHO OWN THE MORTGAGE LOANS as all certificates to created trusts are sold to named security underwriter."

 

Geez!!! Guess I'll start with the SEC.

From what I have seen you will need to get the name of the security trust before you can locate additional information at the SEC.

 

Sounds like a lawyer would be a good idea to investigate.

 

...

Once the government let the banks off the hook who can you trust? I'm certain I can litigate but at what cost? What a mess!

Exactly.

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Freddie Mac and Fannie Mae's websites both have a tool that allow you to lookup to see if they own your loan. They back a ton of mortgages, and Freddie Mac owns ours. What's interesting is that even though Freddie Mac owns our mortgage, Bank of America is claiming its them. So ownership doesn't really matter, at least to the banks.

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