Do you actually recognize who owns your property? In these challenging economic times, when you presently have a property loan that you are falling behind on, the solution is not as simple as it sounds. With as much as 50% of all loans granted, a bank resells and redistributes the promissory note to other lenders – trading hands quite a few times. What this will mean for you is a way to challenge your initial lender.
The promissory note is the first document establishing possession of the mortgage that you signed at the closing. A very guarded industry secret is that following the trail of official procedure to discover the true current owner of the loan after it has been traded can often be mismanaged, lost, or damaged. The initial clue foreclosed homeowners more often than not have about this is when they are given a foreclosure warning and notice the name of a lender that they have never know about nor dealt with. Homeowners in foreclosure are fighting back by taking the lenders to court and obligating them to “produce the note”. Simply put, this indicates the lender need to be answerable for who is the legal owner of the loan and by default, whether they can officially close out on your house.
Here are explanations why this is often an alternative for you: 1.You would like to be able to stay in your home. 2.You intend to be given extra time to locate an alternative solution. 3.You happen to be willing to see a reasonable proposal with the lender. 4.The lender has abandon being open to negotiation. 5.You realize your loan has changed hands from the first lender. 6.You have received a foreclosure notification from an institution you do not know. 7.You are ready to fight the battle and deal with the mandatory paperwork, court filings, and attorneys. 8.Upon reviewing your closing documents, you realize there is a disparity between what you understood your loan to be and what it actually is. 9.You want to rescue yourself from probably obtaining a secondary foreclosure warning from the new owner of the loan.
Where do you start if you think that this can be an option in your case? Take into account getting a lawyer run a title on your house to find out what lender truly owns it. Analyze your plans thoroughly. This plan does not always happen as expected and it may be costly to pursue. If the court rejects demanding the lender to produce the documents, the foreclosure proceeds.
If you choose it is a reasonable alternative, make an authorized request requesting the lender to provide the document. This appeal may have to be filed with the Clerk of the Court. Telephone your local office to determine and ask about the procedure. If the lender does not take action, chances are to then have to file what has termed a “Motion to Compel” within the court. Once this motion is set, a hearing date will likely be set.
While forcing a lender to “produce to note” will not free you of your loan mortgages or the issues that led to the foreclosure, it can buy you time to stay in your residence and most notably, negotiating power with the lender. Lenders count on you not putting up a fight in the development.
Another great article by North Bay Real Estate This article, Considerations Prior To Suing Your Lender is available for free reprint.
