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Can JPMorgan Chase foreclose on a property acquired from "WAMU Bank FA" if the originator made a loan after it ceased to exist.

Hoffman Estates, IL |

Wamu Bank FA made loans after it changed its name to WAMU Bank in 4-4-2005. FDIC was FDIC is receiver from WAMU Bank but not WAMU bank FA. Document Title is w/o PIN and property description. Mortgage from alleged bank trustee shows blatant alterations to referenced mortgage on file with the county recorder. The Note was securitized before Chase purportedly was assigned to it from FDIC. Do I have a defensive against a plaintiff (us bank) who is trying to foreclose of me? note: many, many of the factual documents are altered and show fraudulent filings.

federal financial institution examination shows wamu FA having no legal status upon issuing the loans. I found out more information, the alleged trustee received the MBS after the closing date for transferring series OC2 certificates. it is one big fraud upon another! unbelievable. it may surprise those few experts what an untrained eye can see . edit: thank you gentlemen for your response, feel free to add more.

Attorney Answers 4

  1. Best answer

    While I agree that mortgage foreclosures are replete with fraudulent filings, post-dated documents, improper transfers, and other documentary issues, the problem that you're going to run into is that the Illinois Mortgage Foreclosure Law (IMFL) is very bank friendly. Also, the documents do not all have to be in an identical form as the recorded documents. This is the whole point of the MERS system - so that banks can buy and sell these notes without having to record something with the county recorder of deeds every time it happened. These "alterations" are probably redactions of your private information. As of now, MERS is entirely legal and agents of MERS record assignments all the time. Additionally, you, as a borrower, cannot challenge the fact that the transfer to the trust was not done properly. Read BAC v. Bassman. This is the law in Illinois right now and you will lose on this argument, particularly if you try and make the argument pro se without understanding the intracacies of the case law.

  2. Non-lawyers find discrepancies and jump to legal conclusions. Some may be accurate, but it takes a trained attorney to tell the difference. We can't review documents in this forum so the best thing is to have an attorney review them.

  3. Assuming all that is so, a different question would be do you have the competence and ability to litigate that? Assuming not, as it is likely to be far beyond what a layman could do; do you have the financial resources to hire an hourly defense of this? Because perhaps if you do a better choice would be to pay the default and avoid the foreclosure. Just something to consider.

    No legal representation exists by virtue of this answer. Consult your attorney. Licensed to practice law in Indiana and Illinois. Circular 230 Disclosure: any U.S. tax advice contained in this communication is not intended or written to be used, and cannot be used, for the purpose of (i) avoiding penalties under the Internal Revenue Code, or (ii) promoting, marketing or recommending to another party any matters addressed herein.

  4. ... I agree. Find an attorney that does foreclosure defense work. Try to do this asap, once a default judgment is entered against you, it becomes more difficult. I know there is a lot of information floating around on the internet, but you really can benefit from a professional opinion. Good Luck.

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