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Mon Feb 4, 2013, 08:11 AM

Friend being foreclosed on, but the bank can't find the mortgage. Where can he find help?

I have a friend who is being sued for foreclosure, but it appears his bank can't find the mortgage. He's also certain that his signature is forged on some mortgage documents (perhaps why it can't be found?).

Does anyone know of any resources that can help him. He's flat broke, lives in Illinois.

Thanks in advance for any advice.

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Reply Friend being foreclosed on, but the bank can't find the mortgage. Where can he find help? (Original post)
Scuba Feb 2013 OP
Sherman A1 Feb 2013 #1
roody Feb 2013 #5
Loki Feb 2013 #2
Scuba Feb 2013 #9
KharmaTrain Feb 2013 #3
Scuba Feb 2013 #10
Coyotl Feb 2013 #4
davsand Feb 2013 #6
Scuba Feb 2013 #11
slackmaster Feb 2013 #7
Beaverhausen Feb 2013 #8
Paladin Feb 2013 #12
ms.smiler Feb 2013 #13
Scuba Feb 2013 #15
KoKo Feb 2013 #14

Response to Scuba (Original post)

Mon Feb 4, 2013, 08:14 AM

1. I recall something called

"produce the paper" or alike. Don't really remember well, but I would do some internet searches.

Best of Luck to them.

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Response to Sherman A1 (Reply #1)

Mon Feb 4, 2013, 09:09 AM

5. Wasn't that Marcy Kaptur?

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Response to Scuba (Original post)

Mon Feb 4, 2013, 08:41 AM

2. Found this on a website FindLaw

This was a movement when the foreclosure crisis hit. Hope it helps him or at least gives him some resources.

http://commonlaw.findlaw.com/2009/02/produce-the-note-foreclosure-delay-tactic-can-encourage-lenders-to-negotiate.html

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Response to Loki (Reply #2)

Mon Feb 4, 2013, 11:50 AM

9. Thank you.

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Response to Scuba (Original post)

Mon Feb 4, 2013, 08:46 AM

3. Look For A "Housing Advocate"...

Not sure of your location but if you're in or near a metropolitan area there should be some type of "Housing advocate" group that works to protect the rights of renters and now has taken on homeowners who have been screwed over by banks. Most are non-profit and will direct you towards assistance for your specific problem.

I'm also in Illinois and know there are several groups...I used one 20 plus years ago in a landlord issue. Here's one I found that sounds like a good start:

http://www.chadhousing.org/

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Response to KharmaTrain (Reply #3)

Mon Feb 4, 2013, 11:51 AM

10. Thank you.

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Response to Scuba (Original post)

Mon Feb 4, 2013, 09:05 AM

4. File a motion with the judge seeking dismissal on this basis.

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Response to Scuba (Original post)

Mon Feb 4, 2013, 10:32 AM

6. If your friend is in Chicago area he's got some options.

I'd suggest he begin here:

http://www.carpls.org/programs/hotline/

If they can't help him, they will know who can.

Other possible places to call:

Circuit Court of Cook County
Mortgage Foreclosure Mediation
Program
877.895.2444
(if you have received a foreclosure
summons)
www.cookcountyforeclosurehelp.org

Chicago Legal Clinic
773.731.1762
www.clclaw.org
Chicago Volunteer
Legal Services
312.332.1624
www.cvls.org

Legal Assistance Foundation
of Metropolitan Chicago
312.341.1070
www.lafchicago.org

If your pal is outside Cook County I'd suggest he might want to contact the Illinois State Bar Association for referral to a local pro bono program or possibly legal services. Alternatively, IL AG Lisa Madigan's office might be another option for information about access to legal assistance in the area.

Good luck!


Laura

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Response to davsand (Reply #6)

Mon Feb 4, 2013, 11:51 AM

11. Thank you.

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Response to Scuba (Original post)

Mon Feb 4, 2013, 10:37 AM

7. Tagged for interest. I also know someone who is in that situation, but the property is valued...

 

...at about one million dollars.

He and his wife plus three children live in the main house; his parents in a granny flat in the back. He stopped making payments more than a year ago.

A word of warning - The present servicer or lender need not necessarily produce an original document. Judges often end up accepting a "true and correct copy" of the note. It depends on your state's specific implementation of a statute of frauds, on what the lender or servicer can produce, and what the particular judge will accept. It's a crap shoot.

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Response to Scuba (Original post)

Mon Feb 4, 2013, 10:46 AM

8. Has he called his Representatives office?

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Response to Scuba (Original post)

Mon Feb 4, 2013, 11:53 AM

12. He Could Check With The Title Company Involved In The House Purchase. (nt)

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Response to Scuba (Original post)

Mon Feb 4, 2013, 12:11 PM

13. Scuba, many homeowners fight foreclosure on their own and can be quite successful.

Your friend needs to understand how securitized mortgages differ from traditional mortgages. There are networks of homeowners across the country who help and support each other in the foreclosure fight. Your friend could seek such a group in his area.

Please tell your friend to distrust EVERYTHING said to him by the mortgage servicer and supposed owner of the loan.

Illinois is a Judicial state so the foreclosure will take place in the court system. It’s very important to Answer the Complaint. Your friend should challenge the standing of the foreclosing party and the authority of any persons who signed documents.

Your friend should check the local land records, most are online and free to browse. Is the mortgage a MERS mortgage? What documents have actually been filed in the public land records? Does MERS appear on documents previously filed on the property?

Your friend already suspects a forged signature on the mortgage documents. The same is likely true for the Assignment of Mortgage filed in the land records. Those documents need to be examined closely.

Have your friend check property and recordation law in Illinois. Does the state require that ALL Assignments be timely filed in the land records?

This post explains a great deal about securitized mortgages and has resources listed at the bottom for homeowners:

http://www.democraticunderground.com/discuss/duboard.php?az=view_all&address=439x2412603

Simply, the banksters/MERS broke our property Titles when the loans were securitized and they use forged documents to “repair” those breaks and to offer some party the appearance of the right to foreclose on property.

These issues involve homeowners in foreclosure and those dutifully making mortgage payments who are unaware of what actually happened to their loans and their property Titles.

I caught on to the Title problems and filed a Quiet Title action and am still awaiting trial. Under PA law, my mortgage has actually been null and void since early 2007.

(Shuush, the banksters prefer everyone thinks their mortgage remains valid.)

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Response to ms.smiler (Reply #13)

Mon Feb 4, 2013, 12:49 PM

15. Thank you. This is incredibly helpful!!!

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Response to Scuba (Original post)

Mon Feb 4, 2013, 12:29 PM

14. Kick!

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