Supporting, Informing & Connecting People in Foreclosure

assignment of mortgage question

Hopefully someone can answer this question.....if i refinanced my mortgage back in 2006

and a couple of months after that, the bank sold the loan to countrywide and then about a year later, bank of america sends me a letter stating they now are the servicer. In the land records, nothing was ever assigned or transferred to countrywide or bank of america until a few weeks ago. (most likely because I am behind on my mortgage and they are getting ready to send me foreclosure papers). Can they go 7 years without filing an assignment of the deed of trust? Also, on the assignment, the woman who signed it signed it as : assistant secretary for Mortgage Electronic Registration systems inc, as nominee for the bank I refinanced with back in 2006. The assignment says that MERS, nominee assigns the transfer to bank of america, N.A, successor by merger to BAC Home Loans servicing lp fka countrywide home loans servicing. Countrywide NEVEr filed an assignment and now MERS is assigning it to Bank of america. It's so confusing and seems like something should be in the land records prior to this. On top of that, the woman who signed for MERS has signed as an employee of bank of america on other deeds I found from people that live in other states. Any information or help would be greatly appreciated.

0 members like this

▶ Reply to This

Replies to This Discussion

Permalink Reply by KT on January 23, 2013 at 12:35pm

Who was the bank you refied with that sold to Countrywide?

Did you get a hello/goodbye letter from the old servicer and the new servicer?

Check here to see if your signer is listed www.whatsignature.com

▶ Reply

Permalink Reply by lauren on January 23, 2013 at 1:22pm

The bank was virtualbank. I honestly don't remember because it was 7 years ago, but I obviously got something from countrywide because I made several payments to them before bank of america took it over.

▶ Reply

Permalink Reply by chrisb7 on January 23, 2013 at 10:02pm

first question is are you in a non judicial foreclosure state.

your mortgage is held by mers who typically assign it to the current servicer prior to initiating foreclosure proceedings.

you can find out who is the investor in your loan (note holder) by going to; http://www.mersinc.org/

press on information for homeowners, then my mortgage info, then online and filling in your details.

depending on your state the foreclosing entity must be the mortgage holder and the note holder to foreclose.

also if the assignment states that they assign the mortgage and note then they are making a fraudulent statement as mers doesn't hold notes.

▶ Reply

Permalink Reply by MMT on February 12, 2013 at 1:42am

@Chrisb7,

You have a good point on your last statement ' as mers doesn't hold notes ' . I have the same issue as Lauren. My loan sold to Countrywide, then BofA servicing, and took over, then Loan servicing was took over by Select Portfolio Servicing, Inc in Dec, 2012. I just found out that Mers assigned the loan to Deutsch bank in Dec last year, and Countrywide and Bank of America didn't exist in record. The person signed the assignment, name and Title were crossed out underneath the signature, and without a name indicated who is signing the doc.