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Who holds the original TITLE on my property?

Discussion in 'Foreclosure, Repossession, Auctions, Short Sales' started by vladlem, Apr 7, 2009.

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  1. vladlem

    vladlem Law Topic Starter New Member

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    My mortgage (in NY) was originated by NEXSTAR. The payment collecting service is CENLAR. CENLAR records show that my current lender is FANNIE MAE. FANNIE MAE stating that they are not lender, but just investors or holder of the loan.
    So the question is who is responsible for keeping and providing the documentation (like the original TITLE, etc) in case I decide to sell my property?
     
  2. Theresagail

    Theresagail New Member

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    Should be Fannie Mae-- when the debt is purchased or sold they get all docs w/ it-- Contact the county recorders office and see who they have listed on the deed (title) w/ you.
     
  3. zencowboy

    zencowboy New Member

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    The Question is: Who is the Holder in Due Course?

    The Plaintiff is the Servicer and not the Holder of the Note in Due Course. According to UCC laws Title 3, the Note must be negotiated in a specific manner(Endorsement) that enables the Holder to demand payment and enforce foreclosure if payment is defaulted.

    You should have or should file a Notice of Discovery and request all documents regarding the Chain of Title, Specifically the Original Note. If they cannot produce the Original note with proper endorsements then the Servicer is not the Lender and does not have Standing to be suing you for injury.

    Thats a place to start. See if the Lender will find the Note. Judges are starting to dismiss cases where Lender's are not who they say they are.

    Good luck. I am not an attorney. Seek legal advice, etc...
     
    lost in ohio likes this.

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