Foreclosure in Georgia...
Just got a copy of the assignment of mortgage and could use some assistance with this one...
Ok where to start here:
1. How the hell is one supposed to follow this. It looks like Ocwen to Ocwen
2. How do I verify all these entities, as trustee??? What about this purported attorny in fact??
3. Who in the hell is Residential Loan Servicing?? and Scott Anderson???
4. If any of these entities went out wouldnt the atty in fact be null and void-
5. Im losing my home and have no idea how to fight this BS assignment
Please help my punch holes in this.
How is this thing dated 1998 and not recorded until 2009!!! WTF????
Thanks for all your advice, input, and assistance!!!
First things first. You need an attorney who can act immediately on your behalf. You are not going to learn enough in the short time you have to save your home by yourself.
That Ocwen assigned the deed to Ocwen is exactly correct. There have been a lot of bank failures and servicer failures. Ocwen is now the servicer for many different banks. They are actively buying servicing rights to loans. Especially defaulted loans which are their specialty.
While Georgia is a non-judicial state there are still laws and procedural rules which are supposed to be followed. Ocwen doesn't seem to care about the rules though. Your attorney might be able to stop or at least extend the proceedings against you if Ocwen failed to follow the law. Even if they followed the law perfectly an attorney can stall the sale for a while. I think that in Georgia the deed must have a "power of sale" clause or else they must seek judicial foreclosure which takes a lot longer and allows you discovery.
"Residential Loan Servicing" seems to be a division of Ocwen. Scott Anderson is a known robo-signer. That does not necessarily mean his signature was robo-signed on your Assignment.
If a business fails their assets still exist. Someone else becomes the owner of the asset.
They created the Assignment on August 3, 2009. They recorded it on 09-08-2009. The language is odd but I am guessing that "14th day of January 1998" is the date you executed the deed.
Get an attorney, and meanwhile you could read the court rules...
You could read more on here. Use the search function for topics.
Here is an interesting post by Mr. Roper which might help:
Read Georgia case law.
Good luck to you.