Supporting, Informing & Connecting People in Foreclosure
Anyone else with BankUnited? working on case with BankUnited--I know the original bank was BankUnited, FSB, FDIC took it over last year and now the newly formed BankUnited (no relationship to BankUnited FSB as I understand) is listed as Plaintiff--no other information provided on summons--does anyone know the law of a bankrupt bank (as in BankUnited, FSB) and forclosure procedure? somewhere I remember reading that the foreclosure would be on hold until after the bankruptcy is over?
Wow! I stand corrected. The user name was just a little sketchy - but yes, you should absolutely change after the warning, and so should I! - and then we went to the website, well, anyway, my apologies for the insult and thank you for the clarification. I will take your advice to Deb - I am fortunately not in as dire a situation as you - I simply want to modify and am completely current and have never ever missed a payment, but my servicer - GreenTree - can't modify because they are not "authorized to make any alterations to the note", AND they can't tell me anything about who owns the note. In the records on my property, the last event recorded was BU's mortgage in July 2005. Of course we all know that they went belly up in 2009, but no sale, assignment or transfer was ever recorded. So no one knows who owns the note. But again, my apologies for being so rude - it was unintended and yes, I don't know anything about your situation and should not assume. I am glad you have resolved your issue, however.
Apologies accepted, and I appreciate you making it known, unlike others on the site that called me all kinds of names and never came forward. My situation is not 100% resolved but I feel I am well on my way. I have networked with other people in similar situations and at least one I know has had success with a loan MOD after getting a securitization audit, but that wasn't until after she had gone through 3 loans MODS and only after she could prove that her note was in a securitized asset pool. Having networked with these people has helped with understanding this esoteric process of securitization.
It is exciting to find something that really works, that is why I shared my story and the people that helped me. After you understand the foundations of our commerce system, it makes all the difference. See the Massachussetts Supreme Court case in reagrd to the Note:
In your situation I would venture to say that your Note was sold into a securitized asset pool and the Servicer, is just that, a paper handler that has no authority to do anything for you. I have the name of a guy that will talk to you and your friend who is an expert with this stuff, but I am not going to put it up here, you can email me for the info if you would like.
The bottom line is this, unless you know where the note is at this point the chances of a successful win against the bank is very slim and getting a loan MOD may also be very slim. The only way you can find out where the Note is located is either by forcing the lender to tell you where they transferred the Note, fat chance of that, and dont confuse the Note with the Mortgage paper filed on the public record.They can transfer ownership of a Note in the same way that you can endorse a check to someone else, but it was originally written to you.
The issue here is that once the lender sells this Note into a securitized asset pool it is no longer a Note and becomes a different animal and cannot be a note again. The Note is very much like a check and is governed as a Negotiable Instrument under the Uniform Commercial Code (UCC), I learned all of this from this guy and he also sent me a paper on securitization, which I an trying to figure out how to put up on this website, so other people can understand it too.
So if they sell the Note into a securitized Asset Pool, a/k/a Mortgage Backed Security (MBS) they NO LONGER OWN THE NOTE! This is huge because how can they demand a payment or take a someone's house if you dont know have claim to it???! The Massachussetts Supreme court recognized this several months ago when they ruled on this. That is why it is so important to know where the Note is and whether it is securitized.
There are only two ways to find out where the note is:
1. Get the bank to admit to you where the note was transferred (no Chance) and read the prospectus for the fund, or
2. Have someone do a check and find the Note. Ask them what they use to find the Note, if they don't have a Bloomberg Financial Terminal, you had better walk and pay nothing. The people I dealt with have a Bloomberg Terminal and gave me a free securitization check. You can buy a comprehensive report later, with an affadavit if you wish for a court case, etc. But they didnt force me to do that.
My experience is that there are a lot of scammers in this field, and yes you must be careful, that's why it is important to pass on credible information once you find someone willing to help that wont take you for a ride.
Once again I appreciate the apology, it means a lot to me. Take Care
Basically all yo have to do is join their member site for free, I called and they walked me through it, i was a bit confused too at first about the charge. I think the site says something like 'free audit' for members. You can call them, they are really nice and there is no pressure to make you buy anything. I got the information from a friend of mine that also used them. Once you sign-up they have a web page to enter your loan data, and they also have a credit site called drcreditfix.com which is also free and you can create letters and send them to your creditors, I have used these letters and the collection activity against me stopped. If you want a super mortgage audit with an affidavit for court they will charge, but they also work with you on price if you are broke. I wouldn't recommend anyone that was selling something, but in this case I didn't pay for anything and that one free document saved my house. I have saved up for the full audit and will use it as evidence in my court case. They worked with me on price too. It doesn't hurt to ask, these guys seem like they are trying to get the word out on the bank fraud, that is why they give these audits away. I have referred lots of people to them, but some people don't believe what I got was free, and don't want do it, I guess that's their loss. Anyway what does it hurt to call and ask. Good Luck!!
Hi Lori & I Enjoy No debt, mega thanks for your posts! I will call them & see what I might be able to do. like you said, it is always worth a try. I am concerned about "the warning" and that you had to change your user name......what warning? I am always concerned about "them" tracking our computers ect..... not paranoid but careful......so what are you guys thinking/speaking of in the "warning"?
For those of you w/BankUnited, FSB loans here is some info I found and maybe you could find your loan#s:
Go to the SEC website for Company Search.
Enter a trust# like Harborview 2006-8 for example, click "show ownership" & then search
Check all of the 10-K files - that is where the loan #s are listed...for example...go to the 10-K filing filed 6/2/08, then open EX.-33-f file, it has tons of loan#s - and also the "deal/sale" name. If you open EX 33-d, it shows the "deal/sale names (trusts) so you know where else to look for loan #s. it also loan #s that were sold, some "settled", etc..
Also look in the 10-K filing filed 4/2/07 - tons of loan#s there
Also, go back to the SEC Company Search & type in Harborview 2006-BU1, open the 10-K Form filed 4/2/07. All these loans were originated by BankUnited, FSB. Total of 1843 loan#s, 702 of which were for FL. - of these 702 FL loan#s Loan Group 1: has 433 loan #s in FL & Loan Group 2: has 269 loan #s for FL.
Another place to check for alot of BankUnited, FSB loan#s is www.rbsregab.com. This web site lists all the trusts Static Pool info filed by the Greenwich gangsters who are the Sponsors/Sellers/Depositors......that did the securitization process - it shows different loan #s from all sorts of other pools that get moved around & sold again & again (to hide the sales and confuse us). It is titled Static Pool Historical Data.
Hope this helps some of you searching for loan #s. The SEC Company search works/ applies to all trusts not just the Harborview trusts.
Could you guys please fill me on in the "warning" stuff? I don't know what you mean. Thanks Alot!
The Forum had a message about not using your real name because you had attorneys using the names and finding cases and using the info against the homeowner.
deb: the link you provided, rbsregab.com doesn't work. Could you please re-check this and repost it? Or at least a site name I can Google for?
Mary, people like you make it hard for anyone to get help. You are now slandering me, and you have not even spoke to me, obviously all you want to do is hammer people, I dont get it. Obviously you are unhappy with your life or situation, don't take it out on me. My phone # is 617-855-8175. I bet you don't have the courage to call me or put your information up on this forum for me to contact you. I think anyone would agree that I have a right to talk and face my accuser. Until you talk to me, I would suggest that you stop slandering me. If you opened your mind up a little and stopped being so defensive maybe your situation would improve.
Don't take it too hard, we are all prety nevous and suspicios and propbably have a good reason to after all we go through. I have checked the link that you provided, but backed off before submiting my info. Did anyone try it and can confirm that this is a safe one?
Hi Yael What link did you try?
The one you have recommended :www.inspectoraudit.com which then sent me to a membership at SPC Group...(?)
Apparently SPC group is the parent company and that is exactly how I signed up but did it with my friend, it is safe, but if you are not comfortable give them a call, they use secure websites. My friend turned me on to them because he was doing debt disputes through their website and was getting the creditors off his back, but I was skeptical at first. I have used their credit dispute system, it works great too. Basically you get the membership for free, which includes drcreditfix.com, it used to be called something else, but I cant remember right now. The membership gives you instant access to getting a free audit, you just have to punch your information in about your mortgage and they emailed me with the results about a week later.