Complaint says Chase is owner/holder by note endorsement but the only thing stamped on there is Ameriquest which was the original lender. I believe it is an endorsement in blank because it says pay to the order of a small space then without recourse by Ameriquest Mortgage.Now they say they are owner and holder via an assignment, but I looked carefully at note and mortgage and the assignment and all communications has 5 numbers omitted. Can i get a dismissal based on that. Please help are there any attorneys who know about this.
Let me clarify better. My Mortgage and my Note has the right loan numbers on it,but my assignment of the note and mortgage and all correspondence have a different number. Is this something I can get a dismissal with since it is incorrect. Can they put in complaint they are owner and holder via note endorsement and then claim in interrogatories that they are owner and holder via an assignment?
Real Estate Attorney
Loan numbers are designated by the then servicer or holder of the promissory note and mortgage. Sometimes the servicer and the owner even have different loan numbers. The numbers are irrelevant. What is relevant is the identity of the proper borrower, the proper real estate acting as collateral for the loan, and the proper holder of the promissory note.
Florida law generally follows that he who holds the note also has the right to foreclose the mortgage. If the endorsement on the note is blank, as yours apparently is, then he who can produce that note can also foreclose on the mortgage.
You need to run, not walk, to a competent real estate attorney the represents borrowers in foreclosures, and stop trying to diagnose your possible defenses yourself.
This advice is not specific and is generic in nature and as such should not be relied upon unless given by an attorney you have specifically retained and who has all of the background information necessary to render an opinion to you.
Criminal Defense Attorney
In order to answer your main question, we would have to see all relevant documents. The new over the weekend was that Chase was going to pay 13 Billion bucks out to settle some of their problems, with around 4 billion going to homeowners. There are plenty of attorneys who know about this, and many are giving free consultations. Set up a few free consultations with all relevant documents in hand. It does seem that the endorsement is to the holder, and Chase, if they actually know what they are doing, can submit an affidavit of ownership. New appellate cases are coming out all the time. There are many issues in a foreclosure now, and you need to have an experienced professional defend you. Affirmative defenses must be asserted, or they are waived. You can look on AVVO for someone in your area.
R. Jason de Groot, Esq.,
Chapter 7 Bankruptcy Attorney
Many homeowners make the mistake of not hiring an attorney while they are in foreclosure. Many beleive they can represent themselves. You are doing yourself a disservice. The issues you raise are not grounds for valid defenses as long as the lender meets the other more important criteria. Endorsement, holder of note and mortgage, originals to note, supporting affidavits, etc. Speak with a qualified, experienced attorney and that attorney will find the defenses that will help you. Simultaneously, a loss mitigation solution should be worked on to get you out of this situation.
The above information is not intended as legal advice. If you have any legal questions consult with an attorney of your own choosing.