Hi - I am a homeowner in Colorado that has a very interesting situation and I am afraid it may take a while to get this down in this post...
We closed with New Century in July 2005 on concurrent funding loans. (The first and second mortgages were both closed and funded at the same time or NC would not give us the loans.) Anyway, about four months later we received a letter that we had been service transferred to Ocwen on the first lien. The second mortgage later went elsewhere for servicing as well, but my concern is not at all about the second at this time as that loan is done with. (see bullet pts below - interesting that our second was deemed invalid by RESPA!)
About a year later our economy here in Denver got rocky and we were in trouble. Ocwen modified the loan, to terms that raised our payment by $500 a month but fixed the rate. At the moment, it seemed ok since we were originally in an interest-only adjustable. Things went from bad to worse, and we ended up losing a lot of income and defaulting by two months. We basically owed $8,000. Our current payment of $2500, plus two past due months and all the fees they tacked on.
When we got the notice of default, we panicked and filed a ch.13 to save the house. In doing so, we were trusting enough to place our lives in our attorney's hands. That is not to say she did anything wrong, but 4 1/2 years later, we are discovering that she also didn't give our case 100%.
We got the automatic stay. Ocwen's attorney filed for relief and she filed an objection to it. She told us that there was no need to attend the hearing, she would take care of it. She did - BUT here's the "kicking myself in the a$$" part - I did not open the judgment envelopes until just this past week. Why? Well with young children at home and my returning to long work hours to get out of this hole we dug, when se said she won the objection, I was relieved and just filed the envelope into the Ch.13 papers.
Just recently we had a turn of events with one of those solicitations claiming we could be mortgage free, bla bla bla. I called to check it out - heard some interesting terms and decided to do my own research. What I have found is that:
~ New Century is still on our lien (went and bought a date-stamped copy of our current Deed at the town).
~ I also found out in reviewing 8 years worth of files that it is not Ocwen trying to foreclose, but US Bank. That seemed odd.
~ I researched more and found that US Bank is the trustee in an MBS Trust Account that closed November 29, 2005, which they claim our loan is part of.
~ That is where the judgment I never opened comes in - on my Objection to Relief From Automatic Stay hearing judgment, my attorney argued that US Bank did not own my loan and that they nor Ocwen had established legal standing to proceed with foreclosure. We won with that argument, but she never shared her defense strategy with us or explained that we also won the right to sue for damages.
~ I do not believe we are part of this US Bank MBS Trust, but still trying to be certain. Further investigating shows the mortgage loans being sold to this MBS trust were bundled on November 1, 2005 and the trust closed and commenced on November 29, 2005. Ocwen sent a letter of servicing to us on November 3, so that would all seem legit, EXCEPT their record of our loan shows they actually received the loan on October 6, 2005. So how can we be part of a trust that did not exist, distribute certificates, or move loans to Ocwen until nearly two months later?
~ The trust document and prospectus (196 pages available at sec.gov) state that all bundled loans of this trust will be registered through MERS. Well I have confirmed that our loan is NOWHERE in the MERS system, Fannie Mae or Freddie Mac systems! No where - not by address, not by name, not by SSN!
~ Oh and that second mortgage that was concurrently closed and funded with New Century was deemed invalid by the RESPA agency last year because our file did not have a trace of paperwork or evidence to show who owned it, the transfer or sale to servicer or any other party. That loan was voluntarily extinguished by the servicer, GMAC, when they were audited last year. (Yes, that was a jackpot of sorts for us.)
So now we are wondering if this first lien could possibly be "without a trace" as well?
~ If we are in fact part of this US Bank trust that the local attorney claims to represent, why is it only the original note and a print out of our payments from Ocwen that they presented to the courts back in 2009 when they lost the Relief from Stay Motion? They could not come up with any financial record of loan transfer or sale. They could not come up with ay trust information outlining that we are one of the 3,380 loans that was bundled and sold into this $900M trust.
Since the note they presented is a copy of the original note we signed at closing, bearing New Century's name, the judge in 2009 ruled in our favor stating that "failure to comply with Rule 4001 and failure to demonstrate standing, US Bank's motion for relief from automatic stay filed (date) is DENIED."
I am not sure how it is in other states, but in Colorado, the note stays with the Deed and is actually open for public record at the county records office, so this is clearly not a case of "where's the note?" This seems to be a case of my loan ceasing to exist on record, the trust's inability to establish that they in fact own it, and after such judgment, wondering why our attorney did not pursue this further at the time to possibly quiet the title or silence the deed? At any rate, I have about 20 months left before the statute of limitations is up (I have read 10 years on several sites) and I am seeking advice from this panel on where else I may be able to find my loan? I have tried DTC, Cede and Company - none offers a list of loans or trusts with included loans.
Lastly, I am having a really hard time finding an attorney in Colorado that understands what I am saying. They all say "you can only fight if you are in default or foreclosure" or "we only offer bankruptcy or modifications as a means to saving your home." Needless to say, with my stack of documentations, I am not walking into this blindly and I am not seeking a free home - I only want to know the truth and if the truth sides with them, then I have my current mortgage. If the truth lies with what I have discovered then they pay us back for 8 years of living in fear of our servicer and in hell with constant stress!
I am aware that I can submit a QWR but there are so many versions online and none in fact says "I think that you fraudulently claim our loan as part of said trust..." so I am not certain I would be doing the correct thing. Firstly, it also red flags us for default again since we are $5000 behind right now and it gives them time to begin the process of forgery which Ocwen has been proven of doing in other precedent cases.
I should also explain that we have some very sketchy history with them as they have misallocated funds, posted payments days after they cleared, randomly taken $10 payment fees so that the payment is then incomplete and goes to suspense instead of posting as a payment - a sneaky trick that makes you 30 days late and ruins your credit! Of course we have fallen behind a lot - partly because when we do they always demand full reinstatement within 10 days, so we are thrown against a wall to come up with $9,000 , $8,000 or $6,000 in one month which means we are only behind again the next month when we have to feed our kids and pay double on utilities, etc. Even after successful reinstatement, they have NEVER re-aged our account or removed the fees that the signed stipulation says would be paid with the reinstatement, basically we have been at least 30 days late with them for 8 YEARS! sometime running a true 60 or 90 days, but to be honest, if they would have re-aged the account when current and dropped the fees, we could stay on top of it. We make more than enough to stay in the home, but not while they pull constant shenanigans! Also, i will add that my last conversation with their bankruptcy dept. left me in shock as I was told "Look, we have no record of your so-called stipulation and when your bankruptcy is discharged next spring, if you owe anything more than a current payment, we will pursue to collect in full."
Is it any wonder we are petrified to contact them with a QWR? If I had an attorney in my corner I would feel better, but our bankruptcy attorney said she does not have the time to research our mortgage and deal with my claims that may or may not be valid. (Really? Did you forget the judgment that your won in 2009 against them? Makes me so angered, but feeling very alone in this BS!)
Any advice is appreciated - please do not bash me for trying to quiet the title by scam ~ that is NOT what this is!