Thanks Chuck, for your unvaluable non legal advice
“If the plaintiff is an institutional trust, then is was the owner and the holder at commencement, EXCEPT that the trust probably had the note in the
vaults of an institutional custodian, which was really the holder. The trustee will argue that it was the constructive holder.
If the plaintiff was a servicer, most likely the plaintiff was NOT the holder at commencement, because the servicer rarely obtains the note from the
vaults of the institutional custodian before filing suit.”
END OF QUOTE
Well...the suit was in the name of the "soup letter trustee", but all my "investigations" points out that the servicer
is the one that is bring the lawsuit in the name of the the "soup letter trustee"
I think this is important:
when they filed the suit, my loan was serviced for now a defunct servicer,
only after several months my loan was transferred to tha actual servicer
Along these lines, I saw somewhere that the borrower may contact the trustee that is foreclosing
because most of the times, the trustee even doesnt know that there is a pending lawsuit in their name,
causing the plaintiff counsel a "lot to explain", because they bring the suit without the knowledge of the suing party