1. Bank wrongfully denied my HAMP modification, which has resulted in me no longer being able to make payments.
2. Bank falsely claimed I did not submit "proper documentation" which I did several times. This is common of Chase, but I went as far as to have my Senators office confirm what Chase wanted, sent it in and a month later have Chase say they never received it.
That's right. Chase lied to a Federal Senators office and nothing happened to them.
I'm not yet in foreclosure, but I'm late on my payments so i need to fight this before i go into foreclosure.
3. It's extremely unlikely Chase can produce the promissory note. Chase was not my original lender it was Wamu which bundled these loans up and sold them a gazillion times. By doing research I found the loan at one point went through MERS which has proven to be corrupt and forged signatures. My loan was awarded to Chase for pennies on the dollar by the FDIC which makes it very unlikely they can produce the note. If I send them a QWR asking for it, they will say they don't have to produce it.
4. I have a stack of evidence and documentation going back to May 2009 through this year. There is both a considerable punitive aspect for the hell they have put me through and also they may not be able to legally foreclose without the proper paperwork that I'm certain they don't have.
Understand, like everyone else who have lost their homes I cannot afford to HIRE a lawyer. If I had $2500 for a retainer I would be using that money to make a house payment.
How do I make Chase produce the note, make sure they don't dummy up the documents and produce a fake note? Can I stop foreclosure this way?
You would need $2,500 just to get a case going. Expect to pay $25 - 50k to go through the discovery process to get what you seek. If it is true that Chase does not have the note, then you may want to file for bankruptcy to have the note discharged, which should clear title to the property in your name.
I would call the Northwest Justice Project through the Washington State Bar Association. Their services are free. They can help.
For example, have you checked your county's land records. It is unlikely that Chase recorded their interest after getting the trust deed from WaMu. MERS may be able to fix this, but it is an open question for the court of appeals to decide (add an extra $30k to your expected attorney's fees). Also, the Project may know of a financial expert that can help you track down the note for less than what it would cost for an attorney to do so.
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2 lawyers agree
Real Estate Attorney
I agree with the previous answer.
You will need to sue in superior court to stall the trustee's sale and convert the action into a judicial forclosure to demand the note and air your complaints. This action is not an inexpensive process and you may well be better off saving your money because in the end you don't really have a right to a refi, the mediation process is cumbersome and you can demand it when they file the foreclosure under RCW 61.24.163
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