I'm at the point now where our attorney has postponed our trustee sale date
with our servicer to do a loan modification here in CA a non-judicial state.
However, I now feel after alot of research that there is a distinct possibility that the 3rd party debt collecting servicer who initiated the foreclosure does not have the original note.
If the servicer denies the modification and decides to go ahead with the sale, we will stop them and be going to court.
I've read a good approach should be that you are not seeking to eliminate the obligation by some slight of hand trick but rather that the obligations exists, it might be enforceable if it was not paid by federal bailout or insurance, but that the people and entities that initiated the foreclosure process are imposters.
The argument is not that your avoiding ALL possibility of liability, but that you are fighting for your right to avoid multiple liability on the same debt — because when the REAL holder in due course walks into court holding the note and an assignment and says you owe the money, the house or both, you will have already lost the money and house to the imposters who said they were foreclosing as the “lender” or on behalf of the “lender.” when they had no documentation or actual authority to do so.Any thoughts?