I have this idea that's been nagging at me, and this is for information and entertainment purposes only, so please don't kill me for voicing it, but:
Let's say I'm not in any trouble yet, but I can see it coming down the road at me. I read the news. I know a little about MERS and whatnot. I read somewhere that as many as 20 million mortgages were SHREDDED. I'm thinking that maybe mine was one of them.
IMHO, and this is not legal advice, I would not gamble with your current residence on that assumption. I believe that number of shredded loans you cite is mythological with the exception of some percentage of fraudulently created loans.
In other words, depending on the originator, the appraiser, the RE agent(s) and the closing entity, you MIGHT have a fraudulently created loan that no one wants to "find." That also begs the question of your potential involvement in obtaining that loan - especially if it was made on a now hugely upside-down property, if that is the case.
Before the trouble gets here I want to do something a little proactive. Think of it as a reconnaissance mission.
Can I file a quiet title just to test the waters? I'm thinking I can go to court and file quiet title and wait for the initial evidence to come in and get a look at it, for "free".
Again, this isn't legal advice, but that QT action won't be "free." As soon as you file a QT action in state court, the servicer will automatically have their local foreclosure mill file a mortion to have the case removed to federal court. You may soon find yourself out-lawyered and exposed to paying their VASTLY INFLATED attorney fees.
From that point I can hire some experts to look it over and tell me if I have a winning case or not. If the answer is not, can I just say nevermind, carry on folks, and dismiss my case?
This seems like a good way to get the information I need (whether or not I can win) without actually being in the fight, all for the cost of some legal fees when the other lawyers bill me for wasting their client's time...
You're not alone in this theory of how to find out if your enemy is armed and maybe even what they're armed with. It seems so attractive that there are people promoting "how to" packages.
But there's only so much you can do with allegations couched in "upon information and belief"-styled allegations. A half-competent attorney will deny, deny, deny and demand "strict proof thereof" for each and every allegation you make.
How do you prove a negative? Discovery is probably not as simple and straightforward as you might think.
The phrase "failure to state a claim for which relief can be granted" is probably one of the most common cut-and-paste phrases in the foreclosure-mill's word processors for cases where they're called on to defend the servicer; a pro se borrower in federal court is playing with super glue - the unexpected results can be damn near permanent.