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Foreclosure fraud in a non-judicial foreclosure state: Citi Bank tyring to foreclose on someone who has never missed a payment

 
susano
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10/29/2010 09:16 PM
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Foreclosure fraud in a non-judicial foreclosure state: Citi Bank tyring to foreclose on someone who has never missed a payment
My husband's sister just called and said she's been notified that Citi Bank is foreclosing on her house and SHE'S NEVER MISSED A HOUSE PAYMENT. That's all I know for now.

I have a kept a file of all of the foreclosure threads and artilces over the last two or three years - ever since the issue of financial institutions not having the note came up. I don't recall any of the articles being about cases in states with non-judicial foreclosure. We're in Michigan and I'm not familiar with how it's done here (when outside of the court system). Does anyone know how it works? How can you demand that an institution produce the note when you don't go tp court?!

There was a thread a week or two ago that had cases with people who owned their homes outright getting foreclosed on. Now, this with someone who has never missed a payment. I'm positive that Citi either bought her mortgage or is acting on behalf some other entity who did (MBS).

Anyone have any useful on non-judicial foreclosures?
susano (OP)

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10/29/2010 09:35 PM
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Re: Foreclosure fraud in a non-judicial foreclosure state: Citi Bank tyring to foreclose on someone who has never missed a payment
pfft. GLP is worthless on weekends. What is up with that?! It's like the collective IQ plummets from Friday afternoon until Monday morning.
Anonymous Coward
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10/29/2010 09:50 PM
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Re: Foreclosure fraud in a non-judicial foreclosure state: Citi Bank tyring to foreclose on someone who has never missed a payment
Even though it is a non-judicial state there must be some type of state or federal government department she can complain to - housing, business, etc. Look in the phone book.

And if they do foreclose and evict she can sue them in court after.
Anonymous Coward
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10/29/2010 09:54 PM
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Re: Foreclosure fraud in a non-judicial foreclosure state: Citi Bank tyring to foreclose on someone who has never missed a payment
What state? It makes a difference, LOL
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10/29/2010 09:54 PM

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Re: Foreclosure fraud in a non-judicial foreclosure state: Citi Bank tyring to foreclose on someone who has never missed a payment
Judicial foreclosures are processed through the courts, beginning with the lender filing a complaint and recording a notice of Lis Pendens. The complaint will state what the debt is, and why the default should allow the lender to foreclose and take the property given as security for the loan.

Non-judicial foreclosures are processed without court intervention, with the requirements for the foreclosure established by state statutes. When a loan default occurs, the homeowner will be mailed a default letter, and in many states, a Notice of Default will be recorded at approximately the same time. If the homeowner does not cure the default, a Notice of Sale will be mailed to the homeowner, posted in public places, recorded at the county recorder's office, and published in area legal publications.

[link to www.all-foreclosure.com]


sus....default = default. certified letter demanding an accounting of all paid transactions. they have to prove where a pmts been missed.
~~~~~~~~~~~~~~~~~~~~~~~~~~~~
The Queen Of Mean / VENOMmennonn

*Dont fuck with me; ill jump on my menstrual cycle & run your ass over ;)
~~~~~~~~~~~~~~~~~~~~~~~~~~~~
Every closed eye is not sleeping, and every open eye is not seeing
~~~~~~~~~~~~~~~~~~~~~~~~~~~~
The universe responds NOT to what you want.....it responds to what you are being.......are you being what you want?
~~~~~~~~~~~~~~~~~~~~~~~~~~~~
the karma cafe has no menus. you get served what you deserve
~~~~~~~~~~~~~~~~~~~~~~~~~~~~

Visit The Official GLP Store
[link to www.cafepress.com]

~~~~~~~~~~~~~~~~~~~~~~~~~~~~

Subscribe to TheRawFeedLive On YouTube
[link to youtube.com]
~~~~~~~~~~~~~~~~~~~~~~~~~~~~

Become a member & subscribe to the GLPVC Podcast
[link to members.therawfeedlive.com]
GLPVCpod9
susano (OP)

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10/29/2010 10:00 PM
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Re: Foreclosure fraud in a non-judicial foreclosure state: Citi Bank tyring to foreclose on someone who has never missed a payment
What state? It makes a difference, LOL
 Quoting: Anonymous Coward 1143628



Michigan.

I was just doing some searches and found that Michigan can be either or:

[link to www.foreclosure.com]

Apparently it starts with a lawyer who advertises your house is up for sale (non-judicial). I guess if you contest it you could force it into court (?).

I've only known one person who was foreclosed on and she just walked away because she wasn't making her house payments. My husband's sister has not only never missed a payment but put about 40% down at purchase!

What do bet that some hedge fund bought a slice of her mortgage and it is tring to steal her house and see if they can get away with it!
ceawaves

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10/29/2010 10:02 PM

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Re: Foreclosure fraud in a non-judicial foreclosure state: Citi Bank tyring to foreclose on someone who has never missed a payment
Citi Bank a is a Sharia run Bank.. wonder how many more are operating under these Islamic lending laws..
susano (OP)

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10/29/2010 10:02 PM
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Re: Foreclosure fraud in a non-judicial foreclosure state: Citi Bank tyring to foreclose on someone who has never missed a payment
Judicial foreclosures are processed through the courts, beginning with the lender filing a complaint and recording a notice of Lis Pendens. The complaint will state what the debt is, and why the default should allow the lender to foreclose and take the property given as security for the loan.

Non-judicial foreclosures are processed without court intervention, with the requirements for the foreclosure established by state statutes. When a loan default occurs, the homeowner will be mailed a default letter, and in many states, a Notice of Default will be recorded at approximately the same time. If the homeowner does not cure the default, a Notice of Sale will be mailed to the homeowner, posted in public places, recorded at the county recorder's office, and published in area legal publications.

[link to www.all-foreclosure.com]


sus....default = default. certified letter demanding an accounting of all paid transactions. they have to prove where a pmts been missed.
 Quoting: Phennommennonn



Phenn, thanks for the pin. I've been thinking it would be great if you could a GLPVC with one of these people we've been reading about who are expert in this topic. I've got lots of links to find a guest.
PhennommennonnModerator
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10/29/2010 10:04 PM

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Re: Foreclosure fraud in a non-judicial foreclosure state: Citi Bank tyring to foreclose on someone who has never missed a payment
id like to do one.

i have alot of info. but im gagged on a suit i had filed against a multi party. i get going on it, i might slip.

Last Edited by Phennommennonn on 10/29/2010 10:09 PM
~~~~~~~~~~~~~~~~~~~~~~~~~~~~
The Queen Of Mean / VENOMmennonn

*Dont fuck with me; ill jump on my menstrual cycle & run your ass over ;)
~~~~~~~~~~~~~~~~~~~~~~~~~~~~
Every closed eye is not sleeping, and every open eye is not seeing
~~~~~~~~~~~~~~~~~~~~~~~~~~~~
The universe responds NOT to what you want.....it responds to what you are being.......are you being what you want?
~~~~~~~~~~~~~~~~~~~~~~~~~~~~
the karma cafe has no menus. you get served what you deserve
~~~~~~~~~~~~~~~~~~~~~~~~~~~~

Visit The Official GLP Store
[link to www.cafepress.com]

~~~~~~~~~~~~~~~~~~~~~~~~~~~~

Subscribe to TheRawFeedLive On YouTube
[link to youtube.com]
~~~~~~~~~~~~~~~~~~~~~~~~~~~~

Become a member & subscribe to the GLPVC Podcast
[link to members.therawfeedlive.com]
GLPVCpod9
susano (OP)

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10/29/2010 10:04 PM
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Re: Foreclosure fraud in a non-judicial foreclosure state: Citi Bank tyring to foreclose on someone who has never missed a payment
Citi Bank a is a Sharia run Bank.. wonder how many more are operating under these Islamic lending laws..
 Quoting: ceawaves


They may offer such services or you could be talking out of your ass but that has nothing to do with anything.

Thanks for playing.
susano (OP)

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10/29/2010 10:05 PM
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Re: Foreclosure fraud in a non-judicial foreclosure state: Citi Bank tyring to foreclose on someone who has never missed a payment
i think trin pinned it sus
 Quoting: Phennommennonn



Oh, then thanks Trinity or whoever.

Phenn, what do you think of a GLPVC on this topic? It's really a hot one and getting bigger.
oniongrass

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10/29/2010 10:05 PM
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Re: Foreclosure fraud in a non-judicial foreclosure state: Citi Bank tyring to foreclose on someone who has never missed a payment
I hope your husband's sister is shopping for a foreclosure defense attorney right now.
mopar28m
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10/29/2010 10:09 PM

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Re: Foreclosure fraud in a non-judicial foreclosure state: Citi Bank tyring to foreclose on someone who has never missed a payment
What usually slows down or stops the foreclosure process is making the bank in which you make payments to produce the note.

This will show that they actually own the note & the money is actually due to them.

And considering that they have never missed a payment, they should not be foreclosed upon, they need a good lawyer.
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It's hot here

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10/29/2010 10:13 PM
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Re: Foreclosure fraud in a non-judicial foreclosure state: Citi Bank tyring to foreclose on someone who has never missed a payment
I may have to call bs on this without the flag. I know things are f'd up but received a notice? It would be pretty easy to fight esp since a payment has never been missed.
It really is!

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PhennommennonnModerator
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10/29/2010 10:15 PM

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Re: Foreclosure fraud in a non-judicial foreclosure state: Citi Bank tyring to foreclose on someone who has never missed a payment
I may have to call bs on this without the flag. I know things are f'd up but received a notice? It would be pretty easy to fight esp since a payment has never been missed.
 Quoting: It's hot here

non judicial. no court. who you gunna call? bullshit busters?
~~~~~~~~~~~~~~~~~~~~~~~~~~~~
The Queen Of Mean / VENOMmennonn

*Dont fuck with me; ill jump on my menstrual cycle & run your ass over ;)
~~~~~~~~~~~~~~~~~~~~~~~~~~~~
Every closed eye is not sleeping, and every open eye is not seeing
~~~~~~~~~~~~~~~~~~~~~~~~~~~~
The universe responds NOT to what you want.....it responds to what you are being.......are you being what you want?
~~~~~~~~~~~~~~~~~~~~~~~~~~~~
the karma cafe has no menus. you get served what you deserve
~~~~~~~~~~~~~~~~~~~~~~~~~~~~

Visit The Official GLP Store
[link to www.cafepress.com]

~~~~~~~~~~~~~~~~~~~~~~~~~~~~

Subscribe to TheRawFeedLive On YouTube
[link to youtube.com]
~~~~~~~~~~~~~~~~~~~~~~~~~~~~

Become a member & subscribe to the GLPVC Podcast
[link to members.therawfeedlive.com]
GLPVCpod9
anonymous_lawyer
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10/29/2010 10:33 PM
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Re: Foreclosure fraud in a non-judicial foreclosure state: Citi Bank tyring to foreclose on someone who has never missed a payment
I used to practice in a non judicial foreclosure state. If what your sister in law says is true she has to go to an attorney. Eventually they will have to move for a temporary in junction to stop the foreclosure. Then probably sue for damages.

But is she sure that she's not being sued for nonpayment of taxes or hoa dues or some other default? Gotta look closely at those mortgage docs. Good luck.
susano (OP)

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10/29/2010 10:55 PM
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Re: Foreclosure fraud in a non-judicial foreclosure state: Citi Bank tyring to foreclose on someone who has never missed a payment
I hope your husband's sister is shopping for a foreclosure defense attorney right now.
 Quoting: oniongrass



Hi, oniongrass! You're one of my favorite GLPers (and always on these threads).

I just called her and this what I've found out:

Eight months ago she applied for and got a loan modification. It was through some govt agency. Obvioulsy, I have no idea what the agreement says but it lowers the payments for a certian period of time and adds the difference to the end of the mortgage. All of that paperwork was filed with Citibank who agreed or signed on. Just recently, she received a letter from a lawyer, for Citi, saying they were going to foreclose because additional paperwork was needed and not provided in the modification deal. She called Citi and was told. don't worry, it's just a mix up (on their end) between departments (one hand doesn't know what the other is doing, etc) and to ignore the lawyer's letter. Like a dummy, she did. Then she got another lawyer letter re-stating the contents of the first, followed by a notice posted on her door. She has 100% abided by the terms of the loan modification. It's Citibank pulling the bullshit. On Monday she's seeing a lawyer and the govt agency that drafted the modification. Isuspect that her house has been listed for sale in some obscure paper.

I guess this should serve as a warning to anyone getting one of these modifications.
TX PATRIOT
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10/29/2010 11:00 PM
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Re: Foreclosure fraud in a non-judicial foreclosure state: Citi Bank tyring to foreclose on someone who has never missed a payment
I may have to call bs on this without the flag. I know things are f'd up but received a notice? It would be pretty easy to fight esp since a payment has never been missed.
 Quoting: It's hot here


I will vouch for SusanO. She's on the up and up.

And, not that it really means a rat's ass, but she has many GLP years on you, Hot.

SusanO, keep us posted. I'm interested and would love to see another legit case - with FULL press coverage - where these fuckers are taken DOOOOWNNN!
.
susano (OP)

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10/29/2010 11:02 PM
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Re: Foreclosure fraud in a non-judicial foreclosure state: Citi Bank tyring to foreclose on someone who has never missed a payment
What usually slows down or stops the foreclosure process is making the bank in which you make payments to produce the note.

This will show that they actually own the note & the money is actually due to them.

And considering that they have never missed a payment, they should not be foreclosed upon, they need a good lawyer.
 Quoting: mopar28m


Yes, I gave her a quick run down on the note thing. She knows nothing about this issue. I also advised her to get with one of these foreclosure fraud groups because 5 will get 10 the lawyer she see won't pursue that avenue. What I imagine will happen is her lawyer will just show that she's that she's met the terms of the modification without getting into making Citibank produce the note.

This should be interesting.
susano (OP)

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10/29/2010 11:09 PM
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Re: Foreclosure fraud in a non-judicial foreclosure state: Citi Bank tyring to foreclose on someone who has never missed a payment
Hey, TXP! Sorry I just missed your call. I'll call in a minute.

Yeah, Phenn, bullshit busters chuckle

I like that.

When I looked up the foreclosure process in Michigan it was nothing short of shocking. Very easy for the party foreclosing. Unless one scours the obscure papers for houses being sold at auction, how would someone know until the thing is posted on their door (which comes later). They can move really fast.


To other poster who has worked on these - thanks. It's disgusting that someone not at fault has to go out and hire a lawyer to defend against a predator. Even though she has a lot of equity in her home, she's poor, due to a bad turn in circumstances. I don't know if one can sue to include punitive damages. Without that, no lawyer would take the case for anything she could afford (which is about close to zip).
Anonymous Coward
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10/29/2010 11:13 PM
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Re: Foreclosure fraud in a non-judicial foreclosure state: Citi Bank tyring to foreclose on someone who has never missed a payment
What state? It makes a difference, LOL



Michigan.

I was just doing some searches and found that Michigan can be either or:

[link to www.foreclosure.com]

Apparently it starts with a lawyer who advertises your house is up for sale (non-judicial). I guess if you contest it you could force it into court (?).

I've only known one person who was foreclosed on and she just walked away because she wasn't making her house payments. My husband's sister has not only never missed a payment but put about 40% down at purchase!

What do bet that some hedge fund bought a slice of her mortgage and it is tring to steal her house and see if they can get away with it!
 Quoting: susano

Susano, I have a Fannie Mae Mortgage (Mers) and Citibank services it. It did not start out that way. My original mortgage was sold to Citibank and it goes downhill from there. It appears that Citibank buys these mortgages and sells them off again. This way they can service the loans and make the money off of this, foreclosures etc. Does your sister-in-law know if Citibank was her note holder originally? Who owned the mortgage when she paid it off. Just because she was sending her payments to Citibank, doesn't mean they owned her note in the end. They may be acting on behalf of another note holder. This is all very important for her to find out.

Has she checked the MERS site to see if she is listed there? Here is the site. Go to the middle of the page and click on the link for Mers Servicer ID. This takes you to a page to run a search.
[link to www.mersinc.org]

Here is a direct link for that page (not this link will work - use the one above if not. Make sure to use :
-Search by Property Address/Borrower Details
-Search by Borrower Name, SSN and Property Zip Code
-Search by Individual Borrower, SSN and Property Zip Code
The other searches often come up with no info.
[link to www.mers-servicerid.org (secure)]

She needs to figure out if this mess is happening because it WAS a MERS Mortgage. I am having an issue - I want to sell my home and my title is not clear because of MERS issues. I am having a hard time finding an attorney because many who practice real estate law don't want to get involved with this mess. I keep getting passed on from one attorney to another. The only one I found wants $1000 retainer, then $300 an hour just to look at the documents. I am still searching for someone who gives a shit.

She can go to her county courthouse - recorder of deeds and get the documents she needs. It is very expensive to have an attorney do this legwork. Here is a list of documents she should find and get copies of:
- deed
- original mortgage/note filed by the lender
- any assignments of mortgage that SHOULD have been filed when or if her mortgage was sold to another lender.
- satisfaction of mortgage

Please tell your sister-in-law I wish her good luck. This really stinks for those of us who pay our mortgage and are getting screwed but there is not a lot of talk about this, only a bit here and there like you already mentioned.
Anonymous Coward
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10/29/2010 11:14 PM
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Re: Foreclosure fraud in a non-judicial foreclosure state: Citi Bank tyring to foreclose on someone who has never missed a payment
Even though it is a non-judicial state there must be some type of state or federal government department she can complain to - housing, business, etc. Look in the phone book.

And if they do foreclose and evict she can sue them in court after.
 Quoting: Anonymous Coward 817007


Even most No Judicial States give the homeowner the option to go Judicial if they elect. You can put a liz pendence on the property and force it into court, and an attorney will make them a small pile of gold in a jury trial today...
susano (OP)

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10/29/2010 11:15 PM
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Re: Foreclosure fraud in a non-judicial foreclosure state: Citi Bank tyring to foreclose on someone who has never missed a payment
Here's a thought

Could it be that the predators target those who have home modifications knowing that the people who have them are going through financial difficulties and aren't in the position to hire lawyers?
Anonymous Coward
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10/29/2010 11:19 PM
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Re: Foreclosure fraud in a non-judicial foreclosure state: Citi Bank tyring to foreclose on someone who has never missed a payment
I hope your husband's sister is shopping for a foreclosure defense attorney right now.
 Quoting: oniongrass

They wont know what to do, but they will take your money!

Sue the Bank Pro se.
[link to www.freeandclearin90.com]



watch Randy Kelton

[link to www.mortgagecrime.com]

burnit
Anonymous Coward
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10/29/2010 11:25 PM
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Re: Foreclosure fraud in a non-judicial foreclosure state: Citi Bank tyring to foreclose on someone who has never missed a payment
What state? It makes a difference, LOL



Michigan.

I was just doing some searches and found that Michigan can be either or:

[link to www.foreclosure.com]

Apparently it starts with a lawyer who advertises your house is up for sale (non-judicial). I guess if you contest it you could force it into court (?).

I've only known one person who was foreclosed on and she just walked away because she wasn't making her house payments. My husband's sister has not only never missed a payment but put about 40% down at purchase!

What do bet that some hedge fund bought a slice of her mortgage and it is tring to steal her house and see if they can get away with it!

Susano, I have a Fannie Mae Mortgage (Mers) and Citibank services it. It did not start out that way. My original mortgage was sold to Citibank and it goes downhill from there. It appears that Citibank buys these mortgages and sells them off again. This way they can service the loans and make the money off of this, foreclosures etc. Does your sister-in-law know if Citibank was her note holder originally? Who owned the mortgage when she paid it off. Just because she was sending her payments to Citibank, doesn't mean they owned her note in the end. They may be acting on behalf of another note holder. This is all very important for her to find out.

Has she checked the MERS site to see if she is listed there? Here is the site. Go to the middle of the page and click on the link for Mers Servicer ID. This takes you to a page to run a search.
[link to www.mersinc.org]

Here is a direct link for that page (not this link will work - use the one above if not. Make sure to use :
-Search by Property Address/Borrower Details
-Search by Borrower Name, SSN and Property Zip Code
-Search by Individual Borrower, SSN and Property Zip Code
The other searches often come up with no info.
[link to www.mers-servicerid.org (secure)]

She needs to figure out if this mess is happening because it WAS a MERS Mortgage. I am having an issue - I want to sell my home and my title is not clear because of MERS issues. I am having a hard time finding an attorney because many who practice real estate law don't want to get involved with this mess. I keep getting passed on from one attorney to another. The only one I found wants $1000 retainer, then $300 an hour just to look at the documents. I am still searching for someone who gives a shit.

She can go to her county courthouse - recorder of deeds and get the documents she needs. It is very expensive to have an attorney do this legwork. Here is a list of documents she should find and get copies of:
- deed
- original mortgage/note filed by the lender
- any assignments of mortgage that SHOULD have been filed when or if her mortgage was sold to another lender.
- satisfaction of mortgage

Please tell your sister-in-law I wish her good luck. This really stinks for those of us who pay our mortgage and are getting screwed but there is not a lot of talk about this, only a bit here and there like you already mentioned.
 Quoting: Anonymous Coward 1133455


good post. Excellent suggestions. First go to the courthouse and get the records like poster said of deed, ect.. Be interesting to know if they even have it on file. If not. It might be gone in the ether like millions of other deeds and mortages.
susano (OP)

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10/29/2010 11:33 PM
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Re: Foreclosure fraud in a non-judicial foreclosure state: Citi Bank tyring to foreclose on someone who has never missed a payment
What state? It makes a difference, LOL



Michigan.

I was just doing some searches and found that Michigan can be either or:

[link to www.foreclosure.com]

Apparently it starts with a lawyer who advertises your house is up for sale (non-judicial). I guess if you contest it you could force it into court (?).

I've only known one person who was foreclosed on and she just walked away because she wasn't making her house payments. My husband's sister has not only never missed a payment but put about 40% down at purchase!

What do bet that some hedge fund bought a slice of her mortgage and it is tring to steal her house and see if they can get away with it!

Susano, I have a Fannie Mae Mortgage (Mers) and Citibank services it. It did not start out that way. My original mortgage was sold to Citibank and it goes downhill from there. It appears that Citibank buys these mortgages and sells them off again. This way they can service the loans and make the money off of this, foreclosures etc. Does your sister-in-law know if Citibank was her note holder originally? Who owned the mortgage when she paid it off. Just because she was sending her payments to Citibank, doesn't mean they owned her note in the end. They may be acting on behalf of another note holder. This is all very important for her to find out.

Has she checked the MERS site to see if she is listed there? Here is the site. Go to the middle of the page and click on the link for Mers Servicer ID. This takes you to a page to run a search.
[link to www.mersinc.org]

Here is a direct link for that page (not this link will work - use the one above if not. Make sure to use :
-Search by Property Address/Borrower Details
-Search by Borrower Name, SSN and Property Zip Code
-Search by Individual Borrower, SSN and Property Zip Code
The other searches often come up with no info.
[link to www.mers-servicerid.org (secure)]

She needs to figure out if this mess is happening because it WAS a MERS Mortgage. I am having an issue - I want to sell my home and my title is not clear because of MERS issues. I am having a hard time finding an attorney because many who practice real estate law don't want to get involved with this mess. I keep getting passed on from one attorney to another. The only one I found wants $1000 retainer, then $300 an hour just to look at the documents. I am still searching for someone who gives a shit.

She can go to her county courthouse - recorder of deeds and get the documents she needs. It is very expensive to have an attorney do this legwork. Here is a list of documents she should find and get copies of:
- deed
- original mortgage/note filed by the lender
- any assignments of mortgage that SHOULD have been filed when or if her mortgage was sold to another lender.
- satisfaction of mortgage

Please tell your sister-in-law I wish her good luck. This really stinks for those of us who pay our mortgage and are getting screwed but there is not a lot of talk about this, only a bit here and there like you already mentioned.
 Quoting: Anonymous Coward 1133455


Wow. Yours is the first case I've heard of someone having this issue come when trying to sell. Because the fraud cat is out of the bag, I expect this to explode (for sellers). I also suspect title company fraud on a massive scale. Homes that have been sold since MBS have been on the scene most likely DO NOT have clear title. I would imagine that would apply with MERS or no MERS. Once that mortgage gets sold into the MBS fraud hole, the note is LOST.
Anonymous Coward
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10/29/2010 11:34 PM
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Re: Foreclosure fraud in a non-judicial foreclosure state: Citi Bank tyring to foreclose on someone who has never missed a payment
i think trin pinned it sus



Oh, then thanks Trinity or whoever.

Phenn, what do you think of a GLPVC on this topic? It's really a hot one and getting bigger.
 Quoting: susano


This is an awesome idea. I am having so much trouble finding assistance. As I said in my previous post, I am having trouble finding an attorney that gives a shit about this or will even consider handling a case of mortgage fraud. If they do, they want a ton of money...yet a new scheme for the law firms.

It would be awesome to find someone for GLPVC that knows who to go to etc. This issue goes far beyond that of people who are in foreclosure.
susano (OP)

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10/29/2010 11:37 PM
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Re: Foreclosure fraud in a non-judicial foreclosure state: Citi Bank tyring to foreclose on someone who has never missed a payment
I used to practice in a non judicial foreclosure state. If what your sister in law says is true she has to go to an attorney. Eventually they will have to move for a temporary in junction to stop the foreclosure. Then probably sue for damages.

But is she sure that she's not being sued for nonpayment of taxes or hoa dues or some other default? Gotta look closely at those mortgage docs. Good luck.
 Quoting: anonymous_lawyer 1146418


Sorry, I forgot to respons to that last part.

No HOA. Taxes are escroed. As far as I know there has been no metion of Citi not paying them but that is definitely something she needs to make sure of.
Anonymous Coward
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10/29/2010 11:38 PM
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Re: Foreclosure fraud in a non-judicial foreclosure state: Citi Bank tyring to foreclose on someone who has never missed a payment
pfft. GLP is worthless on weekends. What is up with that?! It's like the collective IQ plummets from Friday afternoon until Monday morning.
 Quoting: susano


Nothing like insulting those whose advice you seek. If you're so smart, why are you posting this here?
susano (OP)

User ID: 1145337
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10/29/2010 11:42 PM
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Re: Foreclosure fraud in a non-judicial foreclosure state: Citi Bank tyring to foreclose on someone who has never missed a payment
What state? It makes a difference, LOL



Michigan.

I was just doing some searches and found that Michigan can be either or:

[link to www.foreclosure.com]

Apparently it starts with a lawyer who advertises your house is up for sale (non-judicial). I guess if you contest it you could force it into court (?).

I've only known one person who was foreclosed on and she just walked away because she wasn't making her house payments. My husband's sister has not only never missed a payment but put about 40% down at purchase!

What do bet that some hedge fund bought a slice of her mortgage and it is tring to steal her house and see if they can get away with it!

Susano, I have a Fannie Mae Mortgage (Mers) and Citibank services it. It did not start out that way. My original mortgage was sold to Citibank and it goes downhill from there. .....
 Quoting: Anonymous Coward 1133455



Yes, her mortgage has been sold (GOD knows how many times to how many parties). She bought through Flagstar Bank. I highly doubt that Citi is the owner. More likely the servicer.
Anonymous Coward
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10/29/2010 11:46 PM
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Re: Foreclosure fraud in a non-judicial foreclosure state: Citi Bank tyring to foreclose on someone who has never missed a payment
What state? It makes a difference, LOL



Michigan.

I was just doing some searches and found that Michigan can be either or:

[link to www.foreclosure.com]

Apparently it starts with a lawyer who advertises your house is up for sale (non-judicial). I guess if you contest it you could force it into court (?).

I've only known one person who was foreclosed on and she just walked away because she wasn't making her house payments. My husband's sister has not only never missed a payment but put about 40% down at purchase!

What do bet that some hedge fund bought a slice of her mortgage and it is tring to steal her house and see if they can get away with it!

Susano, I have a Fannie Mae Mortgage (Mers) and Citibank services it. It did not start out that way. My original mortgage was sold to Citibank and it goes downhill from there. It appears that Citibank buys these mortgages and sells them off again. This way they can service the loans and make the money off of this, foreclosures etc. Does your sister-in-law know if Citibank was her note holder originally? Who owned the mortgage when she paid it off. Just because she was sending her payments to Citibank, doesn't mean they owned her note in the end. They may be acting on behalf of another note holder. This is all very important for her to find out.

Has she checked the MERS site to see if she is listed there? Here is the site. Go to the middle of the page and click on the link for Mers Servicer ID. This takes you to a page to run a search.
[link to www.mersinc.org]

Here is a direct link for that page (not this link will work - use the one above if not. Make sure to use :
-Search by Property Address/Borrower Details
-Search by Borrower Name, SSN and Property Zip Code
-Search by Individual Borrower, SSN and Property Zip Code
The other searches often come up with no info.
[link to www.mers-servicerid.org (secure)]

She needs to figure out if this mess is happening because it WAS a MERS Mortgage. I am having an issue - I want to sell my home and my title is not clear because of MERS issues. I am having a hard time finding an attorney because many who practice real estate law don't want to get involved with this mess. I keep getting passed on from one attorney to another. The only one I found wants $1000 retainer, then $300 an hour just to look at the documents. I am still searching for someone who gives a shit.

She can go to her county courthouse - recorder of deeds and get the documents she needs. It is very expensive to have an attorney do this legwork. Here is a list of documents she should find and get copies of:
- deed
- original mortgage/note filed by the lender
- any assignments of mortgage that SHOULD have been filed when or if her mortgage was sold to another lender.
- satisfaction of mortgage

Please tell your sister-in-law I wish her good luck. This really stinks for those of us who pay our mortgage and are getting screwed but there is not a lot of talk about this, only a bit here and there like you already mentioned.


Wow. Yours is the first case I've heard of someone having this issue come when trying to sell. Because the fraud cat is out of the bag, I expect this to explode (for sellers). I also suspect title company fraud on a massive scale. Homes that have been sold since MBS have been on the scene most likely DO NOT have clear title. I would imagine that would apply with MERS or no MERS. Once that mortgage gets sold into the MBS fraud hole, the note is LOST.
 Quoting: susano

The lack of reporting on how this affects ALL people who have MERS mortgages is very frustrating. There needs to be a class action suit for folks not in foreclosure. As I said, I am having trouble finding an attorney that doesn't want me to sell my first born to pay them.

I want to sell my home because my husband was laid off. He was unable to find a job in his field and had to take a job that was a little lower than his unemployment benefits. After this I got laid off, but was able to find a job but it is a contract position and holds no guarantees. We are paying our mortgage before even buying groceries because we know better than to get ourselves behind because of the MERS issues etc. We don't want to sell our home, but need to downsize to something that is more managable on our new lower income. That won't happen if we don't keep our credit on good standing. However, this mess will make that impossible.

It really seems like these people know what they are doing to screw the middle class. I have read that the title companies are refusing to insure titles that have MERS issues. That equates to an inability to sell. You don't have to be in foreclosure to have an issue. I am planning on speaking to the title company that insured my title when I bought my house. I am hoping they can steer me to an attorney.

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