Does the fact the MERS transfer of service/loan was filed with the register of deeds over 2 yrs from which it took effect (remember, MERS/robo signing?) Have any bearing on foreclosure proceedings?
I lost my job in Jan 09.and defaulted on my mortgage in March (and ever since). Chase began foreclosure proceedings in June 2010 after many months of trying to work out or even qualify for a "help for homeowners" program. The house has been foreclosed on, sold back to bank at the sheriff's sale and confirmed. I've been fighting tooth and nail to keep my home which shelters myself, my 3 kids, and a wheelchair bound/disabled ex-national guardsman.
While researching my documents I noticed my original promissory note is made out to American mortgage, but I recall making my payments to Chase for the length of the loan (Jan 08-Feb 09). I checked to see if I had anything in writing stating that Chase was the rightful servicer of my loan, and I did not. When I appeared at the confirmation of sale hearing, I asked chase's lawyer if he had anything. He did not. The judge waived it off by saying 'if he didn't have one, he dodes now'. I'm not sure what was meant by that but I thought I had a right to see the document?
I obtained a copy of the MERS transfer of loan to chase only to see it was filed on June 10 2010. 2 yrs after it took effect and just weeks before foreclosure began. Is this legal? How do I find out if the transfer was robo signed? Would this make the foreclosure invalid? Thank you.
I lost my job in Jan 09.and defaulted on my mortgage in March (and ever since). Chase began foreclosure proceedings in June 2010 after many months of trying to work out or even qualify for a "help for homeowners" program. The house has been foreclosed on, sold back to bank at the sheriff's sale and confirmed. I've been fighting tooth and nail to keep my home which shelters myself, my 3 kids, and a wheelchair bound/disabled ex-national guardsman.
While researching my documents I noticed my original promissory note is made out to American mortgage, but I recall making my payments to Chase for the length of the loan (Jan 08-Feb 09). I checked to see if I had anything in writing stating that Chase was the rightful servicer of my loan, and I did not. When I appeared at the confirmation of sale hearing, I asked chase's lawyer if he had anything. He did not. The judge waived it off by saying 'if he didn't have one, he dodes now'. I'm not sure what was meant by that but I thought I had a right to see the document?
I obtained a copy of the MERS transfer of loan to chase only to see it was filed on June 10 2010. 2 yrs after it took effect and just weeks before foreclosure began. Is this legal? How do I find out if the transfer was robo signed? Would this make the foreclosure invalid? Thank you.