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What if your assignment of mortgage was filed 4 1/2 years after previous bank ceased to exist & 3 signatures of 4 are robosigner

Stamford, CT |

My loan was IRONICALLY transferred 2 days ago - from a Bank that did not exist as far back as 4 1/2 years ago to one that now does.Does this not violate pooling and servicing regulations? I would assume this would have affected the MBS, but that's not my concern. There has been so much confusion as to what the loan amount is, monthly payments, things I pay that I am charged for so I submitted a QWR, the bank got it on 2/6, on 2/7 they executed an MERS assignment that should have been executed 4 1/2 years ago and three of the 4 signatures are robo signers for BAC/Countrywide that appear on numerous lists- how do I handle this. I have multiple cross checks that indicate the assignment was fabricated. My understanding is there is no time limit on assignments, even if it is 4 1/2 years later!!

Attorney Answers 2

  1. Best answer

    I do not practice in Ct. However, you should be able to use this information to your advantage in attempting to either modif y your loan or negotiate a new payment. You may be able to file a quiet title action or threaten to file a quiet title action in order to get leverage in your negotiations. In addition, you payments have not been properly accounted for the loan servicer may be liable for fair debt collection practices act violations.
    The Bank will assert that MERS is acting as a nominee for your original lender. However, the authority of a nominee should expire when the original lender ceased existence. The assignments should be invalid and any attorney that would rely upon the assignments would be filing a frivilous action or abusing process.

    Every legal situation is unique and foreclosure defense involves a major asset, You should consult an attorney anytime you are involved in a lawsuit. The answer provided is merely general information and not intended to create an attorney-client relationship

  2. It is not sure there is a legal question in here. Certainly the Bank has to do many things after it ceases to "exist" in order to wind up its affairs. Yes 4 and a half years seems ridiculously long and strongly suggest laziness, indifference, sloth and a general lack of attention to things that matter. On the other hand it doesn't have any apparent impact on the main question. Did you make the required payments at the required time?

    Providing answers to questions on AVVO does not create an attorney/client relationship. It is not possible to provide legal advice in the context of question and answers on the internet. Consult an attorney licensed to practice in your state or jurisdiction before taking any action.