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Can a company foreclose if there name is not on the deed of transfer.

Asked over 2 years ago - Denton, MD

My lender forclosured on my house and supplied a assignment of deed of trust that does not have their name on it. Also the document that they supplied is a typed up notarized sheet signed by employees of the mortgage company, it has no logo from the previous lender. It also has the wrong date that they say they assumed the mortgage. And the person that is supose to be representing the previous lender is actual and employee of the mortgage company filing the foreclosure. I am still in my house pending an appeal. They also changed the terms of my original note from a 30yr conventional to a 10 year.

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Mark L Rosenberg

Reputation Level 15

Answered over 2 years ago. Commercial Real Estate Attorney in Bethesda, MD.

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You should hire counsel immediately. Maryland has new legislation last year that gives additional rights to borrowers facing foreclosure. You should have an attorney review this immediately to see if the lender has made a mistake and if the foreclosure can be set aside.

Mark L. Rosenberg

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Cliff M Blondes

Reputation Level 9

Answered over 2 years ago. Foreclosure Attorney in Rockville, MD.

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The trustee(s) are the ones that accomplish the foreclosure for the beneficiary of the deed of trust and are the Plaintiffs in the Order to Docket that is filed with the Circuit Court in the county where the property is located.

To determine whether or not the entity claiming to be the beneficiary is, in fact, the beneficiary would require a careful review by a lawyer of the deed of trust and any purported assignment. Consequently, your question cannot be answered to your satisfaction without a proper review of the documents and case file.

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