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Real estate - rescission, the originating lender and the servicer/MERS refuse to provide true copies, real owner contact

Cicero, IL |
Filed under: Real estate

28 mos after timely rescission notice, still can't get true copies of note/mortgage, chain of title, or contact info of beneficial owner of note.
Throughout 2 court cases, we have received 6 different versions of the note as "true copies". The very last one has a stamp on the back with Draper & Kramer M.C.(the named Lender on note/mortgage) paying "without recourse" to Well Fargo Bank, NA. The stamp is signed by the COO and managing director of Merrill Lynch. This is now appearing over the stamp on some previous "true copies" which says "pay to the order of [blank]" signed by a Scott Swanson Vice President of Wells Fargo Bank, NA. There are no dates on either stamp, either. I don't understand what all this means.

We rescinded under TILA's 3yr extension, for fraud, non-disclosure, failure to provide NTC, appraisal fraud. We have RESPA claims against WF, never resolved any QWR's and still won't. We have been requesting correct docs and answers for over 56 months. Wells Fargo Home Mortgage only now says Fannie Mae is the investor. They gave no address for Fannie Mae and state that we must go through the servicer. Why hasn't Fannie or the true holder rescinded or shown in court yet if the servicer's responsibility was to notify the true party of interest. Interesting to know that Merrill Lynch is an agent of Draper&Kramer Mortgage Corp. ilnd 09cv2115. We are pro se and struggling paycheck to paycheck.

Attorney Answers 3


If you could add one more fact, it might help answer your question. Was this a re-finance in which you delivered a Notice of Cancellation within the 3 day rescission window?

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It really doesn't surprise me about Wells. I have a number of questions I would need answered before I could give an answer. Is this in foreclosure? Is that why you are seeking the original documents? Did you get the documents you requested through a "Qualified Written Request"? Do you have any of your own original documents?

Please post again and there should be some ability to get you some answers.

This answer does not constitute legal advice and does not and is not intended to create an attorney-client relationship. The law may vary depending on the state in which you reside. It is intended only to give some direction in which to seek assistance.

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This needs to be reviewed from the viewpoint of consumer protection and real estate laws. Without examining documents, however, it would be difficult to give any opinion. If you have not been represented to date, you need to arrange to get the documents in for consideration.

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