On a regular basis, your office gets a bunch of calls and emails outside of New York on a to ask us what do we recommend you to do prepare if you are going to represent yourself in court or which administrative/legal systems should be used by people to fight their servicing company or lender.
My favorite was a call recently from a guy asking me about “different administrative systems” and which ones do I recommend. You have to realize that likes calling McDonalds and asking them to recommend other places to get a burger.
If you are going to represent yourself, make sure you know the law just as well as the attorneys and understand all the aspects of the mortgage and banking industry. If that is too much for you to handle, you need an attorney. Nuff said.
As far as administrative systems, the best advice I can give you is find one that has proven results, a lot of people as students and one that provides customer support and assistance to your administrative/legal questions. You have to do the research and make sure you are not going to be a victim of a scam. If someone online ad promises they can get rid of your mortgage in 30 days, I would be a little weary. Word of mouth, education, and research go a long way in this area.
The following information is just opinion and not to be intended as legal advice. Please seek a local attorney in your area for the best advice on how to protect your assets
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Aloha Ed!
ReplyDeleteI live in Hawaii, and I am a POA for a friend, Mark, in Vancouver, Washington. I have submitted the following on his behalf:
RESPA / TILA QWR
Reply to Lender (RL)
Intl Promissory Note
Letter to Notary
Notary Letter to Lender
Notice of Fault
Notice of Right to Cancel - TILA
NOTICE OF COUNTERFEIT SECURITY
In the face of all this, Chase 'bulled forth' and foreclosed.
At this point, do you recommend a Negative Averment? ... and should I have Mark become a SPC?
With the Negative Averment et al, can I use the POA and represent him ... or does Mark have to represent himself?
Mahalo nui loa (Thank you very much!)
Doug
Hi Doug,
ReplyDeleteI would definitely suggest a Negative Averment and having your friend becoming a SPC. In addition, your friend can file a lawsuit or put a motion before the Court to reverse the sale of the home.
Ed
ReplyDeletecan you tell me how I can find out who actually currently CLAIMS to "owns the note"?
(servicer won't reveal information)
I want to know who is benefiting from the monthly payments I send to servicer.
Original lender in one case is out of business, in other case, not sure.
Someone said to send a QWR for this.
someone else said to trace ownership through CUSIP number? how do I do this?
thanks for your support.
Hi Cyndia,
ReplyDeleteYou can senda Q.W.R. letter. The reality is that servicers/lenders at this point acknowledge these letters (they have to by law) then in turn within 60 days fail to comply with your request. They will never admit who owns the note, where it is, nor will they tell you who the original creditor (remember its you). You can also go down to your county office to see what has been recorded on your property
Aloha Ed!
ReplyDeleteI received the following (form) letter from Wells Fargo 2 weeks after submitting the A4V to the IRS (only):
"The document that you submitted for payoff or elimination of the above referenced loan does not meet the terms of your note and mortgage loan that obligates you as the borrower to repay the loan in US currency. The item you submitted is not legal tender and will not be accepted now or in the future as payment on the note or mortgage."
Do you know what this is about? I did not send a letter to W/F about the A4V ... only the 'Letter #1" to the IRS with the "Money Order."
So, does this mean that the IRS / Treasury submitted some form of payment to W/F and they are refusing it?
What is the recommended next step??? ... Form 843???
Mahalo,
Doug Hackett
Doug I received the EXACT same letter from Wells Fargo - I thought it was due to my phase 1 Reply to Lender letter. I had also A4Vd to IRS in DC - 18 March I believe. So - at this point I guess we know that IRS opens their mail? LOL! I am also curious if this means that WF is denying payment of the A4V - I heard somewhere that banks accept the payment but won't credit the accounts......
ReplyDeleteDoug, who signed your letter from WF? My letter had a signature looking like 'Or' with no printed name. I did find that Fatima Wade's middle initial in her signature matched the 'Or' in my letter - so to stay in honor, I responded to the letter and addressed it to: Or, c/o Fatima Wade - I stamped on the letter that it was considered a non-response according to the contract - because I thought it was about the reply to lender letter.....
Anyhow - check out this site and see if this is who also signed your letter from WF: http://docs.google.com/viewer?a=v&q=cache:KP8ug-ixGXcJ:egov.pascocountyfl.net/Content/ECM/ConsolidatedAgendas/BCC_LPA_01-12-2010/REA10-042_1_REA10-042_Wells_fargo_Letter.pdf+servicing+support+wells+fargo+home+mortgage+8480+Stagecoach+Circle&hl=en&gl=us&pid=bl&srcid=ADGEESgaFAz1ZefidOPlQu7YpibFtL66hboh99DLDeNcHuJgYBAn0RLDxMhHX6YIBO5WR0cgct_XXtU5e0b5TUXpGQgY6EC24891dTdNXGuvhR6FS9vPsltQE3qi0HQEvGDrh2nOo80f&sig=AHIEtbQOqw8Do7yv0ghW9N-L7j958qVZqA
Pattie