Trying to foreclose . . . but can't?

[gratisman]

Hi,

I've been reading here for a while, and learning much. I have an interesting situation. I have 2 (alleged) first mortgages on a property because of the actions of certain individuals. A reconveyance was filed for mortgage A. First mortgage A is trying to foreclose because of non-payment. I received a notice of substitute trustee in the mail (don't remember a demand letter and none was filed). I checked the county recorder's and the substitution of trustee was not filed. I asked to see the recorded copy, and the sale was "indefinitely post-poned." Now the attorney says that there is a cloud on the title and they will be filing suit against me to foreclose.

A couple of points:

1. I live in deed of trust state with non-judicial foreclosures.
2. State code states that substitute trustee "is not a debt collector."
3. Substitute trustee has identified themselves as a "debt collector attempting to collect a debt."
4. Plaintiff is MERS, as nominee
5. State code states that only the mortgagee can foreclose.
6. MERS is listed as the mortgagee when in fact they are not.
7. I have title insurance policy post reconveyance.
8. I have new first mortgage B making claim to property.

I have not gotten an attorney. I have spoken with a reputable person who suggests a quiet title action on my part. I have also spoken with people who have won quiet title, and have had it reversed. I'm trying to get a settlement offer from mortgage A, but have not heard anything in response as of yet. A friend says that I'm in a good place because they can't do a non-judicial foreclosure. He also thinks that mortgage A no longer has an equitable interest in the property because of mortgage B, and are trying to re-establish a claim. I would like to re-contract with mortgage A by doing A4VR4V and requesting proof of claim.

Any thoughts?

Gratisman

Originally Posted by gratisman

Hi,

I've been reading here for a while, and learning much. I have an interesting situation. I have 2 (alleged) first mortgages on a property because of the actions of certain individuals. A reconveyance was filed for mortgage A. First mortgage A is trying to foreclose because of non-payment. I received a notice of substitute trustee in the mail (don't remember a demand letter and none was filed). I checked the county recorder's and the substitution of trustee was not filed. I asked to see the recorded copy, and the sale was "indefinitely post-poned." Now the attorney says that there is a cloud on the title and they will be filing suit against me to foreclose.

A couple of points:

1. I live in deed of trust state with non-judicial foreclosures.
2. State code states that substitute trustee "is not a debt collector."
3. Substitute trustee has identified themselves as a "debt collector attempting to collect a debt."
4. Plaintiff is MERS, as nominee
5. State code states that only the mortgagee can foreclose.
6. MERS is listed as the mortgagee when in fact they are not.
7. I have title insurance policy post reconveyance.
8. I have new first mortgage B making claim to property.

I have not gotten an attorney. I have spoken with a reputable person who suggests a quiet title action on my part. I have also spoken with people who have won quiet title, and have had it reversed. I'm trying to get a settlement offer from mortgage A, but have not heard anything in response as of yet. A friend says that I'm in a good place because they can't do a non-judicial foreclosure. He also thinks that mortgage A no longer has an equitable interest in the property because of mortgage B, and are trying to re-establish a claim. I would like to re-contract with mortgage A by doing A4VR4V and requesting proof of claim.

Any thoughts?

Gratisman

SOUNDS LIKE YOU'RE A VICTIM OF THE DOREAN GROUP. QUIET TITLE ACTION IS NOT A BAD IDEA IN MY OPINION. PM ME AND I'LL GIVE YOU MORE DETAILS.

[KITCHIE]

I have a court order that I received from a post on this site about MERS. The judge basicly said "I've never heard of a nominee". He asked some great questions and came to some great conclusions. Any way the judge dismissed the forclosure action on about 12 cases brought by MERS

Kitchie

Originally Posted by KITCHIE

I have a court order that I received from a post on this site about MERS. The judge basicly said "I've never heard of a nominee". He asked some great questions and came to some great conclusions. Any way the judge dismissed the forclosure action on about 12 cases brought by MERS

Kitchie

ARE YOU ABLE TO POST THIS COURT ORDER?

[Judge Roy Bean]

Originally Posted by KITCHIE

I have a court order that I received from a post on this site about MERS. The judge basicly said "I've never heard of a nominee". He asked some great questions and came to some great conclusions. Any way the judge dismissed the forclosure action on about 12 cases brought by MERS

Kitchie

Methinks that's one of the rulings in the two counties in FL where MERS has stubbed their toe. While the case is on appeal, there are a bunch of foreclosures hung up.

Here's the brief in response to MERS' motion (the Legal Aid folks in Jacksonville are the thorn in MERS' side):

[gratisman]

It's been months since I've heard from the bank that was trying to foreclose, but now I've received a lawsuit. Apparently they are going to try to do a judicial foreclosure.

I was able to stop the non-judicial foreclosure by calling them on a couple of important steps that they tried to side-step in order to properly foreclose.

A couple of interesting points:

• Non-judicial foreclosure came in the name of MERS
• Judicial foreclosure is in the name of the mortgage servicer
• The servicer now claims to be the holder of the note
• The reason for the foreclosure is that "defendent" is scaming bank
• House was being rented - and tenants are being named as defendents
• Re-fi bank is being named as a defendent but as a "victim"
• No mention of title company who gave title insurance for "free and clear" title
• I've got 20 days to respond

[gratisman]

Now my question is: How should I proceed?

1. Call the title company that gave the title insurance and get them to defend the title?
2. Ask for proof of claim? The original un-adulterated note?
3. Get an attorney? As I'm not sure I've studied up enough on this to go it alone, but I really can't afford one at this point in time.
4. Let what happens just happen?

I'm not sure. I'm actually tired of the whole mess and just want it to be done. I seriously doubt that they actually have the note, but maybe they got it, and that's why it took over 8 months to write a motion with no proof - only allegations.

Any thoughts would be appreciated.