If I name the original lender, MERS, servicers, title agency,and trustee, would the anonymous so-called "investors" really challenge this decision?
You can name anyone you please. But if you fail to name and serve the holder of the note and the owner of the mortgage, then any judicial decree lacks any legal or binding effect on the mortgagee whatsoever.
That is just basic 14th Amendment due process law.
This has been discussed in other threads and doesn't need to be explained again.
The owner of the mortgage need not challenge the decision, it is simply void as to the real owner of the mortgage.
IF the owner of the mortgage decides to challenge the decision, ALL LEGAL FEES in bringing this action can be charged to the borrower and if the borrower fails to IMMEDIATELY PAY these fees when assessed, the owner of the mortgage is entitled under the express terms of the mortgage, deed of trust or other mortgage security instrument to declare default.
While Mike H. cannot identify a single instance where someone got a "free house" using his "Quiet Title" strategy, he also conceals from your the scores of borrowers who have LOST THEIR HOMES as a consequence of his swindles!
Quote: Why would the investors (those that put up the money, if at all) worry about this when they have insurance
and are not named on any document proving they are a party of interest?
1. Most mortgage loans are not insured.
2. There are two basic types of mortgage insurance policies: primary mortgage insurance and pool insurance.
3. Primary mortgage insurance policies do not insure the full value of the mortgage, but rather insure only a portion of the top exposure, usually something on the order of 22%. If a loan was ever totally extinguished by the Quiet Title strategy (and this NEVER HAPPENS), the mortgage investor would suffer very deep losses even if the loan was insured.
4. Pool insurance policies do not insure individual loans but rather insure against losses to a pool of mortgages. This insurance also has policy limits that limit exposure to a fraction of the value of a pool. Almost all of the insured pool hit their policy maximums during 2008 and 2009. Additional losses beyond these maximums are not insured. Investor losses are total.
5. Almost all of the mortgage insurers, including the FHA are already insolvent. Many MI claims are being rejected due to origination fraud with the insurer rescinding the insurance coverage. Losses on loans for which MI policy coverage is rescinded is total.
The second half of your statement asserting that the mortgage investors are not the real party at interest shows that you haven't really read or understood Mr. Roper's posts on this subject.
He has explained this so many times that it is not worth any further effort to explain it to you. Search the Forum and simply read his posts.