Legal Documentation Question

I need input on this one.



Earlier last year, we "paid up" to avoid foreclosure.



I still have the paperwork, and am thus preparing for what is to come.



Here is some verbage that don't quite jive, and I'd like opinions on it.



In the first paragraph, it reads:



"1. The name and address of the current holder of the above-described Deed of Trust and the indebtedness secured thereby is: BANK NAME AND ADDRESS HERE. You have the right to appear before the Clerk of Superior Court for XXXXXX County at this hearing at which time you shall be afforded the opportunity to show cause as to why the foreclosure should not be allowed to proceed. If you do not intend to contest the Holder's allegations of default....."



See how they didn't attach the Title of "Holder" to the Bank, but they then start referring to the "Holder?"



I have always seen and used the following in my docs, and I need to know the basis for this protocol.



The BANK NAME, hereinafter "Holder".... is how it should read, right?



They didn't follow the protocol I have seen, and in this case I know why. They are not the Note Holder. Freddie Mac is probably the Note Holder. But they don't say that they are the Note holder. They say that they are the holder of the DOT and the indebtedness secured thereby. (In otherwords the Note that the DOT refers to)



In paperwork from a Debt Collector for Freddie Mac, They say that Freddie Mac (Hereafter FM) owns the mortgage. I called the guy and he admitted that FM made the initial investment in the mortgage. I sent them an Offer of performance and Debt Collector Disclosure Statement, and a CPN.



No response from them...

i'll take a crack at it..



"1. the name and address of the current holder...is:"



they snuck it in there.



anyway, the "herinafter HOLDER" is probably merely for clarity more than "correctness."



wiser folk please do correct me if i'm wrong...



jon

Henry,



Go to www2.fdic.gov . Search for call reports. Once you find the call report search link put in the name of the mortgage company. Look under the securitized assets link and you will see a bunch of zero's under the 1-4 residential mortgage section. Take that to court and see what they have to say for themselves.

I don't even know how they can send you a bill when there is public record that they didn't lend you anything.



If you look farther down there will be a section for "mortgages serviced" that is where you will see a number.



Ask the mortgage company for their authorization from the secretary of hud to forclose. It states in code that the only person that can authorize a forclosure is the secretary of hud.



May you be blessed.



SJ

Here is the Forclosure Commissioner code



http://www4.law.cornell.edu/uscode/12/ch38A.html



You should be able to find some ammo in here.

[gregtu]

Montana,

This is really big!!!!

[Jerseee]

You can add this to it as well:



TITLE 4 > CHAPTER 4 > Sec. 101. Next

Sec. 101. - Oath by members of legislatures and officers







Every member of a State legislature, and every executive and judicial officer of a State, shall, before he proceeds to execute the duties of his office, take an oath in the following form, to wit: ''I, A B, do solemnly swear that I will support the Constitution of the United States.'

WOW. I feel everyone cheering me on.



I am out to the Law Library. Thanks everyone!!!!



HB