Supporting, Informing & Connecting People in Foreclosure
I need to obtain my note in NH? Where do I get it?
Also, I have been fighting for three years to obtain an affordable mortgage payment. Wells Fargo is my servicer, but my notice says US National Bank a trustee for CSCB Heat 2006/3 holder of said mortgage.
Can anyone decifer that??? I am soooo confused. I am hopeful someone can help me clear this up.
I am also looking for an attorney (low cost) help with my situation. Naca is involved know trying to get a loan modification.
I am hopeful something will help....
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Permalink Reply by Kathy Utiss on January 28, 2011 at 10:17pm Jill,
From what I found it looks like NH is a non-judicial state. Which means they can foreclose pretty quickly. I did a google search on the information you have on the pass thru certificates that were created when you took out your mortgage.
You don't say who you created your mortgage with. The google search gave me this information.
So some where you created your mortgage like a table funding and the lender actually funding or creating the instrument to take to the market place was Credit Suisse First Boston. Naca will only deal with the servicer. I don't know if Credit Suisse will or not. You need to look at your paperwork. WF and US National Bank are pretty much the same thing. They are also Wachovia I believe and Homeq and or Barclays. It's very difficult to get to the bottom of these cases.
I don't know that NACA will be able to help as much as you need. I won't say to quit working w/them cause you never know. But the low fees they offer homeowners bcuz of whatever they have worked out w/the servicer isn't disclosed to you as a customer of NACA. If you don't try you won't know. But it is a difficult road.
You don't say what the circumstances are that have brought on your situation. I know they say not to disclose much on these sites but its helpful to know if your past the hardship that has brought this on. And what your future looks like if your able to get anything negotiated. Like are you employed? On a fixed income?
We all have our individual circumstances that have to be considered in these type of actions. Some other things that may be helpful to know is.
Was this a purchase money mortgage or a refinance mortgage?
Current Market Value of Home
1st Lien Amount
2nd Lien Amount
Three years is a long time. How much of a decrease are you needing? Your circumstances can determine how this is fought. Good Luck!
Permalink Reply by JM on January 29, 2011 at 9:05am Kathy: Thanks for the information.
We had unemployment,health issues etc...It has been a long road. It was a refinance in 2005, with Wells, we are underwater about 65,000. The current market value is 190 approx, we owe 258,000.
We need wells to agree to give us an affordable payment. I searched MERS for my note and cannot find it. Is there away to obtain it? I am hopeful NACA can help, but if not do you or anyone else have any other suggestions. You see it would be awful to my children and myself to have to walk away.
Permalink Reply by Ace on January 29, 2011 at 10:55am if you didnt find it in MERS' Lookup you can try these as well...
http://www.fanniemae.com/loanlookup/
or
Permalink Reply by JM on January 29, 2011 at 4:26pm Ace:
I tried both of these links no luck. Thanks
Permalink Reply by JM on January 31, 2011 at 4:21pm
Permalink Reply by Mary Jo Rodriguez on May 22, 2011 at 9:31am USUALLY IF YOU HAVE DONE THE RESEARCH AND YOU CAN'T FIND ANYTHING OR IF YOU SEND YOUR PAYMENT TO A SERVICER ITS USUALLY EVIDENCE THAT YOUR NOTE HAS BEEN SOLD AND THAT YOUR ORIGINAL NOTE DOES NOT EXIST ALSO IF THE ORIGINAL HAS NEVER BEEN FILED IT PROBABLY HAS BEEN SOLD THAT MEANS THE ORIGINAL CAN NOT BE HAD AND WHO EVER IS TRYING TO FORECLOSE OR WORK OUT PAYMENTS DOES NOT POSSES THE NOTE BUT THEY WANT YOU TO BELIEVE THEY DO BUT IN REALITY THE LAW SAYS THEY HAVE TO IN ORDER TO FORECLOSE
THE SOLUTION IS TO ASK THEM TO PRODUCE THE ORIGINAL NOTE IF THEY CAN THEN THEY HAVE THE GROUNDS TO WORK WITH YOU, IF NOT THEY DO'NT,I WOULD DO WHAT EVER IT TOOK TO HIRE A LAWYER A LAWYER THAT AGREES WITH THIS THAT I HAVE TOLD YOU BECAUSE SOME LAWYERS DON'T THINK YOU HAVE THE RIGHT TO CHALLENGE THESE TYPE OF FRAUDULENT CASES AGAINST THE ALMIGHTY BANKS
Permalink Reply by Kathy Utiss on January 30, 2011 at 9:27am Jill,
You say you did a refinance with WF back in 2005. So clearly you were already in your home paying and the people you were paying was WF? This has to be clear...Somehow this other bank is involved.You have to get a clear title path a-b-c-d per the rules.
This is a break in the chain as they say. I myself am not aware by name of any attorneys that are good in NH. I would try to look at the living lies website to see if Neil has anyone that may help. I would also see if by chance the other NACA office which is attorneys in your area some of them work on contingency. They do take on cases as well sometimes. I was never able to find anyone w/in their offices to help.
Otherwise I'd suggest maybe looking at cases that have won lately in your area and look on pacer to see if they have any successful wins. That or look at other lawsuits filed on pacer against your lender and see if any good defense attorneys are found this way. Time consuming and it does cost .08 per page but could be time invested or wasted. I myself because of the corruption that is found have been unsuccessful in finding adequate representation. That's not reason to give up though!
I know the other night when I went to Fannie's site I was going to put up a link as well but they didn't work. Hence why I didn't put them up. Who knows what they have going on! Just be sure to stay on top of NACA. Have they helped you orchestrate your mod hardship letter for your lender at all at this point? Have they told you what debt to income ratio is acceptable for your mod with WF at all? There are many variables to fighting foreclosure. It does boggle one's mind trying to know it all. I believe the "Dept of Justice" should be called "Dept of Corruption" anymore! Cause even if you were to figure out how to do it all on your own it still may not be good enough for them. Have you done any work at the county records to see what all shows up there?
The more ammunition you have the better off you are. Do you have any fee's for representation saved or any of the past due payments? Three years is a long time for NACA to be able to hold them off... Good Luck!
Permalink Reply by JM on January 31, 2011 at 4:31pm They may say that is the end, but dont give up. It has been an emtional roller coaster for sure but if we all stick together and help each other with various links and information to support the fight we will prevail. Have you tried consulting a lawyer (legal aid)? I just found out that my loan was re-assigned in May 2010, and we were never notified by the new bank. We are among the many victims of the sub-prime mortgage mess....Keep positive....Family matters the most!!!!!
Permalink Reply by Mary Jo Rodriguez on May 22, 2011 at 9:46am Hello, go visit ICE LEGAL. Ask them about a lawyer referral. Print all your filed documents that you can find that pertaint to your mortgage. Go to youtibe and search for all the videos that show you how to find the fraudulent documents. Education is Key here. The servicer has to prove they have standing(the right) to bring a Lis pending action(foreclosure) against you.
Did you apply to the harp, or tarp government programs? If, you did and they would not allow you entrance to the programs they need to send you a written rejection letter.They did not send us one, and we are not alone, trust me.
Go to stopforeclosurefraud.com and read all the links and comments. do not leave your house and do what ever you have to to pay a LIKE MINDED Lawyer! Bring the fight to them.
Permalink Reply by KIMBERLEY MARTINO on January 31, 2011 at 9:28pm I am sorry to say this, but I have grave doubt that you will ever get a modification. Wells Fargo securitized your mortgage - packaged it up with other mortgages and sold it. This excerpt is from their "Servicing Agreement." They have NO INTENTION of modifying your mortgage. They will NOT reduce the loan amount. They will NOT lower the interest rate.
3.1.2. Modifications of Mortgage. With the prior written consent of the Master Servicer, the Servicer may modify the terms of a Mortgage Loan which is in default or a Mortgage Loan as to which default is reasonably foreseeable; provided, however, that (i) such modification may not reduce the amount of principal owed under the related Mortgage Note or permanently reduce the Mortgage Interest Rate for such Mortgage Loan and (ii) the Servicer and the Master Servicer have determined that such modification is likely to increase the proceeds of such Mortgage Loan over the amount expected to be collected pursuant to foreclosure.
Credit Suisse was the underwriter. They paid Wells Fargo for the "certificates" they created, using our mortgages as collateral.
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