Thank you for taking the time to reply. But to answer the question, yes it is in Los Angeles Ca. There is no information a sale occurred. A Chapter 13 was dismissed on December 12th, which is why we also believe there was no sale. It really appears that Ocwen doesn't have any information. Litton transferred to Ocwen back September of 2011. I have attached the signatures pages to the Substitution of Trustee dated 3/29/10 (not recorded) and the Assignment of Deed of Trust dated 3/30/10 (recorded). Both signatures were by Marti Noriega, Asst VP, representing. What is the status on the issue of representing MERS with regards to California. Is it legal or not? Either way it is safe to assume that the Note and Deed of Trust are not in the same name. So what you think?
Today at 12:52 PM #88.
@ KA. You are SO WRONG on details of how non-judicial foreclosure works in CA where I presume this person is located since he referred to LOS ANGELES in his post. Most of your entire post is non-sense. Are you a bankster stooge? In CA, the sale has got to be performed as an AUCTION at some PUBLIC location such as the COURT-HOUSE steps. In fact, BEFORE the auction occurs, a "Notice of Sale" is RECORDED with the county. This is a notice of the INTENTION to hold the auction. Even when one of these is recorded, the actual auction may be postponed. Litton Loan Servicing was a part of Goldman-Sachs until recently when it was sold to Ocwen. That is how the SERVICER has changed from Litton to Ocwen. Since the SERVICER is not the true creditor in almost all of these transactions, Ocwen will ot necessarily record anything on your property regarding this change from Litton to Ocwen. I also have Litton, Quality, Marti, and Karen, though I also have Debra Lyman and Melissa Bell. My loan was originally an "America's Wholesale Lender CORPORATION" loan. I'd like to know what Sergio's loan shows below the signature line where Marti signed if his loan is also originally an "AWL Corp" loan. They may have tried using MERS for a corp where they have no authority to do so. Marti's signatures may have been a stamp or a photo chop. Some of the signatures I found for her do vary significantly.
Today at 03:43 AM #87
Quote: Supposedly the loan is now with Ocwen but Ocwen says house was sold, yet it hasn't but they won't give any information. Investigating.
In non-judicial foreclosure states, foreclosure is usually accomplished by a private sale conducted in accordance with statute and the terms of the deed of trust. In most places, this involves advertising the private sale in a newspaper of general circulation for one or more weeks in advance of the private sale.
The advertisement identifies the date and place of the private sale. Very often, the person conducting the private sale is the ONLY person who appears at the sale location. Under these circumstances, it is difficult to dispute the manner in which the sale is conducted. The foreclosing lender often makes a credit bid at the private auction and a deed is prepared in favor of the bidder. This is also sometimes done in advance of the private sale. While the entity purchasing the property at auction will typically also want to record the foreclosure deed, together with any other required documents to effect the private foreclosure, in many places there is no specific requirement or time limit as to WHEN these documents need to be recorded. The lender can therefore simply POCKET these documents and present them in an ejectment proceeding to obtain possession of the property. One reason that lenders avoid recording the documents is to avoid dunning tax notices, as well as liability for the upkeep and maintenance of the subject property. For example, suppose that the lender fails to shovel the snow on the sidewalk and someone is injured. The borrower is still shown to be the record owner, even though the foreclosure by private sale already took place. Absence of a recorded record of the foreclosure sale does not mean that a foreclosure didn't take place. Go to the library and look in archived newspapers to see if the property was advertised. In some places, posted notices of future sales are also recorded. Make sure to check these. If a sale was scheduled and you didn't attend, you just DO NOT KNOW WHAT HAPPENED and will probably be unable to learn what happened until either (a) you bring some court action or (b) the purchaser of the property brings an ejectment action (often an unlawful detainer action) against you.
#86. Scenario: House in foreclosure. MERS loan originated in California with American Mortgage Network, Inc. in 2007. NOD issued recorded 3/16/10 by Quality Loan Service. NOTS issued 6/17/10, with sale date on 7/7/2010. Recently found copy of a mailed substitution of trustee, confirmed not recorded, dated 3/29/10 and signed by Marti Noriega, AVP of MERS substituting the original trustee for Quality. Said document notarized by Karen Quiller from Texas, commission expires 7/26/10. Received a copy of a recorded Assignment of Deed of Trust signed 3/30/10 by Marti Noriega, AVP of MERS, as Nominee for American Mortgage Network, assigning/transferring beneficial interest to Litton Loan Servicing, LP. Notarized again by Karen Quiller. (No other Assignments recorded). During a Chapter 13 Bankruptcy filed the beginning of 2011, which was dismissed this month (12/13/11), Litton said Ocwen was now the owner of the mortgage. Call Ocwen, say they cannot talk to me because house was sold, yet no info given. There is no info anywhere indicating a house was sold. (Note, on or about 9/1/11 received notice that Litton was transferring the servicing rights to Ocwen Loan Servicing). What is wrong with this picture? Anyone?