Quote: The Whole Truth said:
Am I confused about what having legal standing to foreclose means?
Subject matter jurisdiction is essential to the authority of a court to decide a case. Standing is implicit in the concept of subject matter jurisdiction in Federal court and in many state courts.
You can find much more about standing by searching the Forum.
But standing is usually NOT something that is essential to the validity of a substitute trustee's deed in a non-judicial sale.
This is not to say that the irregularity you describe isn't significant. Rather it only means that standing is probably NOT the principal you would invoke UNLESS the purported mortgage investor and/or purchaser at a non-judicial sale brought a legal action against you in court. This might be the case should you file for Bankruptcy.
The more central principal which ought to inform your investigation of your legal rights (in conjunction with the counsel of your attorney) is the principle of:
"nemo dat quod non habet".
Which basically means you cannot give what you don't have.
Was the appointment of substitute trustee purportedly executed by the grantee of the MERS assignment?
If so, how could the grantee appoint a successor trustee before the mortgage was assigned?
Take a look at the Ibanez case out of Massachusetts. Also take a look at the Bevilaqua case currently before the Massachusetts Supreme Judicial Court. These cases should inform your study of out of sequence actions in a non-judicial foreclosure.
You need to get your facts in line and make sure that any attorney you hire is well familiar with mortgage foreclosure fraud and foreclosure defense in a bankruptcy setting.
There are a LOT of attorneys who will simply use the Bankruptcy filing as a speed bump to the foreclosure. That is, they will charge you some money, file the Bankruptcy petition to SLOW the foreclosure, but will NOT actually do ANYTHING to affirmative represent you or to protect your interests in Bankruptcy Court.
These attorneys simply view the Bankruptcy process as a means to take a portion of what is owed the lender and redirect it to themselves thereby obtaining a delay in teh foreclosure of several months, but without doing ANY REAL WORK.
For some, this might still be a worthwhile bargain. But where you have one or more viable defenses, you really need an attorney who "gets it".
SEPARATE FROM THE JUDICIOUS SELECTION OF AN ATTORNEY, YOU NEED TO TAKE SINGULAR CARE IN WHAT YOU PUT FORWARD ABOUT THE DEFECTS IN THE FORECLOSURE PAPERWORK. THE MISTAKES YOU DESCRIBE ARE EASILY CORRECTED AND WILL BE QUICKLY CORRECTED ONCE POINTED OUT. YOU CAN "TAKE THE LENDER TO SCHOOL" AND SPEED YOUR OWN FORECLOSURE BY COACHING THEM THROUGH THE CORRECTION OF ERRORS, OR YOU CAN DRAW THEM IN AND LET THEM CHOKE ON THEIR OWN MISTAKES. THE LATTER REQUIRES SKILL AND PRECISION OF A REALLY GOOD LAWYER WITH YOUR BEST INTERESTS AT HEART.