Bankruptcy proof of claim: If your loan is securitized, doesn't the Trustee of the Trust have to submit the proof of claim?
4 attorney answers
While the proof of claim is typically prepared and signed by the servicer of the loan, the proof of claim need to state who is the creditor. In the context of a mortgage, the creditor is the entity of person who to whom the debtor owes a debt under the note. This is typically the investor. The information regarding the entity of the creditor needs to be filled in paragraph 1 of the proof of claim. However, the fact that the details of this entity were not disclosed by the servicer, does not invalidate the proof of claim. If you wish to obtain information regarding the entity of the investor, than I suggest that you send the servicer a Qualified Written Request. Best if you can ask your bankruptcy attorney (if you have one) to prepare one for you.
The correct way to find out the beneficiary of your mortgage is through a qualified written request as Mr. Baumer stated.
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It makes no difference who files the claim. Why do you care? What does your lawyer say? No lawyer? According to statistics reported by the United States Trustee, virtually all non-lawyer 13s are dismissed before completion, including many that fail to even get confirmed. If you want to avoid becoming one of these statistics, please get a lawyer to help you.
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Only the servicer has to submit a proof of claim. Instead of worrying about this, you need to worry about retaining the best and most experienced CA bankruptcy attorney that you can afford to represent you in this matter. THIS IS NOT LEGAL ADVICE! YOU NEED TO SPEAK TO AN ATTORNEY WHO IS LICENSED IN YOUR STATE FOR LEGAL ADVICE. This is merely suggestions for you to think about in discussing your situation with the local attorney.
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