John W wrote:
I would appreciate any help to determine if I have an unperfected lien.
Here's what I got in discovery that makes me think the lien might not have been perfected with the originating lender as the mortgagee (and MERS, of course).
This page of info seems to prove that the real lender was not disclosed in the transaction, and the straw-man lender was not the lender:
(Attachment to Lender's Instructions)
Loan number: xxxxxx (my loan number)
If the title company fails to collect fees as requested in our closing instructions, or if the title company sends our funds to the incorrect party, we must be reimbursed immediately. We will not wait for the title company to recover funds.
All Loans must be closed on the same day as indicated on the loan documents, signatures must match typed name.
You are responsible for obtaining all outstanding conditions and returning them with your closing package.
Failure to return closed packages with in 24 hours after closing, the title company will be assessed $100.00 a day till the package is received.
If for any reason the file does not close on the closing date and the wires have been sent, the title company is responsible on wiring the money back to the following:
Bank of New York
101 Barclay Street
New York, NY 10019
ABA#xxxxx BONY ID #
Credit: Countrywide Warehouse Lending/Pay Off Account
Account #xxxxxxxxxxxxx Countrywide Account #
Please reference borrower's name and loan number!!!!!
We cannot give any funding numbers.
Must collect and pay taxes at closing.
On other pages of the closing instructions, I found a sheet that is an agreement
between the original lender and Countrywide Correspondent Lending to sell/purchase my loan. This page lists loan amount and maximum delivery amount, which is $50,000 higher than the loan amount. Then it gives info on the loan and at the bottom of the page, it shows my loan number. This was not my loan number with the originating lender, but was the number Countrywide sent to me a couple of months later when it sent notice of the transfer. Obviously it knew my "new" loan number on the day of closing. This page also shows the "Target Funding date" as 12 days after closing.
The original lender adds a page that describes the package type as "Funding."
The mortgage was recorded with the originating lender and MERS as mortgagees.
Can anyone tell if this was handled in a way that perfected the lien?
John thanks for taking the time to explain that a little indepth. And not to convolute your original question, I've replied with it above this time in hope it will get more attention from forum members.
You bring up an interesting issue regarding lien perfection, and I too wonder about mine also. From all I've read, it is plausible that in my (originating) lender's haste they also may not have secured a perfected lien.
Refinanced -- Previous lender sends satisfaction of lien. But that satisfaction is robo-signed DocX (Linda Green), so how does it evince legal proof that the former debt was "actually" satisfied, or that the new lender legally acquired the loan by actually paying for it?
At closing, the note went to the Lender, and MERS shows Deutsche as "Investor". The mortgage was signed over to MERS "as mortgagee, and nominee", and had a return address to the Title Agency (who is also the Lender).
The county records have not changed from closing in 2007, no transfers endorsements etc. Duetsche was not listed on MERS prior to 2010, and the loan is now being sent to the third servicer (Avelo, Litton, Ocwen).