jon novak wrote:
I am not in default, I just want to refinance my loan.
I took my mortgage with Lender A who subsequently transferred servicing to Lender B. I was for 5 years under the impression that Lender A was still my Lender and the person entitled to enforce the Note. However Lender B now contacted me saying they are the person entitled to enforce the Note, and that Lender A has not had an interest in my mortgage since the day the servicing transferred.
The lien in the public records is with Lender A. Lender A is still listed as the company paying my property taxes. And MERS is the mortgagee as MOM in the Mortgage.
I requested proof that Lender B was the person entitled to enforce the Note and able to discharge my obligation.
I have now received 3 different "original" or "certified true" copies of the Note. Upon inspection I noticed that they are not identical, but still bear my signature and an indorsement in blank.
They are all "photoshopped" and don't match the copy I received at closing.
Should I contact legal aid before I refinance?
Four years ago we were in the same situation. We could not refinance because my lender had multiple or perhaps triple pledged or pledged it an unknown number of times. We are still in litigation but our situation is a bit different as our lender was shut down for fraud and then filed for bankruptcy. It is admitted in plea agreements that they multiple pledged notes so we have that. Still we have spent a fortune in legal fees and still four years later we have no resolution. We continue to fight but it takes a toll. It is a criminal enterprise we are fighting and it is industry wide. I have no idea if fighting this makes sense. When we get to the end of the lawsuit perhaps I'll have a better feel for whether it was worth it. In the meantime our home continues to deteriorate (we have hail damage of about $25K and can't get the insurance check cashed). But in my opinion we have no choice but to fight it. Our country and the rule of law is at stake. I live in one of the worst states in the country for illegal foreclosures and we have made up our minds that if we lose we are going public with our story so that others in the state understand that you have no property rights in this state.