Mortgage Update.. It gets weirder.

OK, I have sent off CPN's for the Equity line and the Mortgage, (registered mail) but the bank is ignoring it so far. So I go down on Monday, and file the affidavits of fact and an affidavit of mailing that I got an uninvolved person to do saying that they had sent the copies of the payment and request for the note to be produced.



In my affidavit of fact, I state that I tendered the good-faith payment, and show proof that they received it. I also state that I have not received the opportunity after asking for same to view the original note.



All of that is filed at the recorder of deeds.



Then, I get an offer to help me avoid foreclosure on Tuesday. Just for kicks, I call the guy whose name is on the document.



In the document, it says that Freddie Mac (Federal outfit) owns the mortgage, so I ask him what exactly does Freddie Mac own? He says that Freddie Mac owns the mortgage, because Freddie Mac was the investor in the mortgage!



Of course, I lit up like a Christmas tree, and I said, you mean that the mortgage money actually came from Freddie Mac? He confirmed that it did.





Yeeeehaaaa..



Certified mail is enroute to him in the form of a Debt Collector Disclosure Statement...



Let's get that in writing, shall we?





Yesterday, I copied the State Attorney General, the trustee, the mortgage broker, and let them know that the documents had been filed at the ROD, and asked the AG for an investigation into why they have ignored my payment.



Things just keep getting curioser and curioser.





HB

HB,



Do a FOIA/Privacy Act request pursuant to 5 USC 552 using 12 usc 3754 et. seq. and see what response you get! Send it to Sec. of HUD. Go to their website. They will show you how to do it.



-squirrels

Hey squirrels, (with an "s")



Thanks!!! You are the MAN!



Does this mean that only a Foreclosure commissioner can foreclose on a Family Mortgage?



I guess this would apply to old Freddie Mac, huh? I'd like to ask them, but they said they don't answer questions, just provide documents. I guess I will ask for a document outlining foreclosure procedures re a Freddie Mac Mortgage.

Got a notice of Default from the bank today. Do I have to actually file the lawsuit for fraud to file a Lis Pendens?

HB,



Ask Sec of HUD re: Freddie Mac/Fannie Mae for everything you can think of, like the delegation of authority to initiate the foreclosure, all notices of default from Trustee up to Sec. of HUD, and the chain of communication back down again. The point is, does the person conducting the foreclosure have the authority from the Sec. of HUD to do so? Has an order to foreclose been issued? Etc... Read the codes and ask for the documents that show everyone is complying with the statutory scheme.



Re: Lis pendens, they generally go hand in hand with whatever litigation is putting the property in issue. If Lis Pendens is filed w/o litigation filed, it likely is an improper filing.



-squirrels

So could one file Lis Pendens against the foreclosure action?

[Ice]

Answer the foreclosure summons/complaint and file a counter complaint?? After all, they are in breach of contract and have really not followed the original agreement. You wanted a loan... but you ended up funding the loan... was that your intent? I don't think it was the intent of anyone to give the bank free money allowing the bank to give it back to them for the full amount plus interest... do you ?



Think about it folks.

Once again it is time to redefine the word 'usury': ANY interest on a "loan" is illegal!



-squirrels

Hi Squirrels!



Banks are in business to make money. If they didn't charge interest on their loans, there wouldn't be a reason to be in business.

[sadie]

squirrels



where is this written?