Mortgage Servicing Fraud
occurs post loan origination when mortgage servicers use false statements and book-keeping entries, fabricated assignments, forged signatures and utter counterfeit intangible Notes to take a homeowner's property and equity.
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dee
If a Notice of Trustee Sale occurred are the defendant’s required to provided us with a copy of the Trustee Deed or Substitute’s Deed after the foreclosure. Also is there time frame for the defendant’s to file a Trustee Deed or Substitute’s Deed with the county clerk office?
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Your question is not real clear....who is the defendant? Who sued who? Are you in a non judicial state?
But to answer the question as I understand it, NO the trustee or the Sub trustee is not required to (nor will they) send you a copy of the deed after sale. Generally the deed is recorded within about 5 - 10 days after sale.
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Brian
Quote:
If a Notice of Trustee Sale occurred are the defendant’s required to provided us with a copy of the Trustee Deed or Substitute’s Deed after the foreclosure. Also is there time frame for the defendant’s to file a Trustee Deed or Substitute’s Deed with the county clerk office?


The requirements for foreclosure by private sale are usually set by law of the non-judicial foreclosure jurisdiction and vary widely. Look at the laws of the state in question.
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jlcam37
Did you challenge whether or not they were the true owner with the right to sub a trustee? What happened to the original one? Sometimes they (title company) refuse to be a party in foreclosure if parties not originally on paperwork have changed and proper docs are missing. That is the only reason they would need to sub a trustee. Also, check if they became true owner by credit bidding at the sale and without putting up money. Check recorders office to see new deed owner.
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dee
I've contacted the county clerk office yesterday and no new Deed owner has been filed. The notice of trustee's sale occurred over a year ago.
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jlcam37
Your inquiry is difficult to understand so it's hard to see what you are looking for. If it has been over a year something is up. Perhaps they are searching to find docs to replace. Also GO DOWN to the county recorders office and get every document recorded on the property by parcel # and all docs under the owners names.Have they shown you proof they own the note and have a copy of it. Find out about the sale, they may have purchased it at the sale and werent a true owner before. If they werent they didnt have the right to sub trustee. Check state statutes on mortgages, deeds of trust, contract statute of limitations for collecting. Check Tax assessor and see who is paying taxes on property, see if any supposed entities are lawfully conducting biz with state dept of financial institutions and or are not a legal entity at the sec of states office. DIG until you find, ask questions, read forums, everything...
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jlcam37
Also check state statutes on foreclosures to see if they performed all the correct steps in the process, if not, that would be one loophole as a possible counterclaim to reverse and then find more ammunition. Find out what is working in the courts in your circuit and dont sign any new papers unless you know what your signing. SOL to collect may be close to running out. If you dont question anything they dont have to prove anything.
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Remember, the brick walls are there for a reason. The brick walls are not there to keep us out. The brick walls are there to give us a chance to show how badly we want someting. Because the brick walls are there to stop the people who don't want it badly enough. They're there to stop the other people.
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jlcam37
GREAT ANALOGY !!!! Nobody said it was gonna be easy, it's actually more hours than a full time job and ALOT of information to take in. It's overwhelming but, what they want is for you to give up and walk. It's a numbers game to them and they win most and they lose a little. You gotta leave the emotions out of it except the anger. Didn't they cross the line?? Sure did. Dont let them intimidate you and go for it. Be your OWN Attorney or prepare to lose more than you already have. Most Courts have self-help and will assist!! Good Luck.....
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