Bank Claiming Possession

Land, personal possessions, and self. Not necessarily in that order.
cascey
Posts: 25
Joined: Tue Nov 18, 2014 9:45 pm

Re: Bank Claiming Possession

Post by cascey » Fri Jul 10, 2015 8:04 pm

*nods*
It is someone who has helped review,sign and notarize documents through the years. Though along the lines of family stuff (Advanced Directives, POA, Will). As a result not sure what she is familiar with or not. The documents were simply handed back to me with the reply that those (rough drafts) of documents were not familiar.. I've also been searching the county records, thelatest entry showing a mortgage assignment.. Thinking perhaps the original lender has sold it to yet another lender.. Adding burden to my situation as what to do. It is my understanding at the moment.. that there are documents I need to file.. the Lis Pends, Affidavit Statement of Facts.. and a Common Law Lien.. I forget the Federal Statute, also thinking it a ruling from the Supreme Court that for natural man there is no filing requirement for Court documents.. I do not know if I may be right or wrong on that.. Would be nice if I am right, esp when in a tight situation. I can try an include what I have or at least share the documents that I came across and see what you think?? Again, feeling at a loss as I haven't found any for cases that have occurred in Florida

If the mortgage assignment has changed to another lender.. How Can I find out who it is? and the legality of the transfer (original Promissary Note?Mortgage Loan).. Can an Executor rescind the signature on a mortgage loan.. perhaps a silly question to some. I am still highly suspect that the estate has suffered constructive fraud.. and trying to navigate where I am in this situation.

Once again, you attention, consideration, and assistance are greatly appreciated!
User avatar
editor
Site Admin
Posts: 686
Joined: Thu Feb 21, 2013 9:24 am
Contact:

Re: Bank Claiming Possession

Post by editor » Sun Jul 12, 2015 3:01 am

The identity of the current mortgage holder, i.e. "holder in due course" will become important only when some entity tries to exert control over the property. At that point, you may demand they prove their capacity (holder in due course, or agent).

In the meantime, keep in mind that no matter who currently owns the mortgage, the current owner has no more (or fewer) rights than granted in the original mortgage. Same with the holder in equity (you). That means you need to get a copy of the mortgage and read it. You'll find it at the county register's office.
--
Editor
Lawfulpath.com
cascey
Posts: 25
Joined: Tue Nov 18, 2014 9:45 pm

Re: Bank Claiming Possession

Post by cascey » Sun Jul 12, 2015 6:23 pm

along wit hwhat I've been sharing, it seems the mortgage may be in the hands of another lender.. from time to time I check Public Records to see if/where there me be any change.. likening the situation to "Capture The Flag".. Where do I stand with regard to the other lender, if the mortgage indeed transfered? Meanwhile uncertain who has the original Promissary Note (wet ink signature) ..the original mortgage loan.. are they togther or??.. How does one verify the legality of a mortgage assignment, satisfaction of mortgage??.. the last endtry by MERS was back in 2002.. up until now.. I think the new lender is Northstar (Seterus)?.. on the side, whaen asked how I'm doing, those hearing of my situation reply with a brief comment about the need of finding a Para-Legal.
cascey
Posts: 25
Joined: Tue Nov 18, 2014 9:45 pm

Re: Bank Claiming Possession

Post by cascey » Sun Jul 12, 2015 6:29 pm

I did read through the mortgage.. by way of Public Notice the other day.. It does say that they (the lender) can show up if/whenever to change locks turn of utilities (etc). Trying to share about my situation as often as able really do not know where/who to turn to.. except to dig in my heels.. I'm wanting to get documents files though uncertain to to properly have them lawfully drafted, notarized (etc). Have no funding and other uncertainties.. save try to raise awareness throughout the community.
cascey
Posts: 25
Joined: Tue Nov 18, 2014 9:45 pm

Re: Bank Claiming Possession

Post by cascey » Sun Jul 12, 2015 6:44 pm

also came across a reference to reverse the IRS Form 1099 A, marking it corrected the mortgage company as the borrower and the homeowner as the lender.. and also mention of a FINCEN 101. Though have no idea how to properly do so, especially if it is deemed (confirmed) beneficial moves on my part.To date, looking back through the years.. I think the mortgage loan changed lenders three times.. making this the fourth.
User avatar
editor
Site Admin
Posts: 686
Joined: Thu Feb 21, 2013 9:24 am
Contact:

Re: Bank Claiming Possession

Post by editor » Wed Jul 15, 2015 1:20 am

Cascey,

The first step to getting help is defining your problem.

I may have missed it, or maybe you've never said-- but I'm not sure what you're really trying to accomplish.

Sure, I know you've said you're the sole heir to an estate. I know there is a house which is part of the estate, and so the house should rightfully be yours. I know there is a mortgage. That's it.

So far as I can remember, you haven't claimed any damage done to you by any party, including the bank. The only goal I can discern here is that you want to have the house legally transferred into your name.

You may have said something about the bank beginning foreclosure proceedings, but that is usually remedied by making payments. Particularly if you are simultaneously filing the will with probate, or taking some other action to prove your inheritance, any judge in a foreclosure proceeding will likely be lenient, provided he can see you are also sending payments to the bank.

Can you try to help us help you? I'd like to see you state very plainly what exactly it is you're trying to do?
--
Editor
Lawfulpath.com
cascey
Posts: 25
Joined: Tue Nov 18, 2014 9:45 pm

Re: Bank Claiming Possession

Post by cascey » Wed Jul 15, 2015 5:17 pm

Not sure if my messages have been posting..
Curious when one looks at the following:
§ 3-603. TENDER OF PAYMENT.

Currently seems the suggeted route is the Notice of Lis Pends, Affidavit Statement of Facts, and the Common Law Lien.. Though at the moment I think I can only share the samples that I've come across as nobody seems to have any suggestions on drafting the documents.

Being that the lender seems to have transferred the mortgage loan to yet another lender.. I'm wondering what I'd need to watch for?
cascey
Posts: 25
Joined: Tue Nov 18, 2014 9:45 pm

Re: Bank Claiming Possession

Post by cascey » Wed Jul 15, 2015 5:32 pm

Just saw your reply, only after replying myself..

Simply said, I am trying.. wanting.. needing to keep a roof over my head.. the house bing left to me was the outward expression of all I've done through the years.. Having assisted someone who was simply trying to subsist himself after what he'd gone through before we met.

Right now I have no funds to do anything, meanwhile trying to navigate my next steps.. There is no equity in the estate.. which is made up of the house itself and few personal belongings. Due to the size of the estate and the fact that there is no equity is why thoughts of moving with the Affidavit Statement of Facts.. the Common Law Lien due to the facts that I am on the property taking care if it as well as looking out for the interests of the estate (constructive fraud having occurred against the estate). Though having difficulty with drafting the documents, especially my "goto" who has been a notary for a number of years doesnt't seem to be familair at all with the drafts I handed her for her review.. Perhaps she is only more familiar with famiy law.. (marriages, divorces etc).

I believe I did hand her a draft of the Notice of Lis Pends.. seems that would be/needs to be thee next step.. Along that though there is mention by way of Federal Statute that for natural man there is no fee.. I believe it was a ruling from the Supreme Court. Though do not have anything more to go by.. like how one might go about filing as a natural man.

Once again, all attetnion, consideration, and assistance that anyone can offer is greatly appreciated!
cascey
Posts: 25
Joined: Tue Nov 18, 2014 9:45 pm

Re: Bank Claiming Possession

Post by cascey » Wed Jul 15, 2015 5:43 pm

Almost forgeo, have had thougha about contacting local media.. though have no idea if that help or hinder.
User avatar
editor
Site Admin
Posts: 686
Joined: Thu Feb 21, 2013 9:24 am
Contact:

Re: Bank Claiming Possession

Post by editor » Sun Jul 19, 2015 1:08 am

If you can get the Notice of Lis Pendens filed without paying the filing fee, that's news to me. It's going to be less than $20 in any case.
--
Editor
Lawfulpath.com
Post Reply