Can wells fargo sell your note if they haven't won a foreclosure against you?
3 attorney answers
Wells Fargo can sell your note to whoever they want whenever they want. You may want to talk to an attorney about your concerns with the mortgage and its validity.
This information is presented as a public service. It should not be construed to be formal legal advice nor considered to be the formation of a lawyer/client relationship. I am licensed in New Jersey and my answers are based upon the law in that jurisdictions. My answer to any specific question would likely be different if I were to review a client's file and have the opportunity to interview the client. Accordingly, I strongly urge you to retain an attorney in your jurisdiction with respect to any legal matter.
Debt on real estate is bought and sold all of the time. The debt is only as good as the underlying paperwork though.
Real estate loans are always witnessed by a Notary Public. The reason is to put a third party in the position of verifying the identity of the person signing the loan documents. While your friend may be telling the truth about "it not being her signature," if the notary has a copy of her ID and testifies that s/he witnessed this person signing the note, I suspect the judge is going to believe the notary. Especially if this woman accepted the proceeds of the loan.
Signing someone else's name to a document without authorization is a very serious crime. It should have been reported to the police as soon as it was discovered. Hope this perspective helps!
Comment or add more information about this question in this public forum. Do not contact me privately about this question or my answer.
You really need to retain an experienced mortgage foreclosure defense and bankruptcy attorney to handle this problem and seek a mortgage loan modification through the bankruptcy court's mortgage modification program. During this pandemic, you have a choice of either seeing your attorney in person or by way of a secure state of the art Zoom Video Conference. So you don’t have to be restricted by geography anymore in terms of choosing an attorney. You can “Meet” your attorney online for an initial strategy session from the comfort of your own home. Through mail, e-mail and electronic filing almost everything can be done without leaving your home, for most types of cases. Pick the best attorney you can find and remember one rule: a good attorney is generally never cheap, and a cheap attorney is generally never good so don't choose based on price. In determining your choice of an attorney, there are many factors to consider, including but not limited to, can you contact the law firm's office 24/7 and speak to a live person and you should look at how the attorney is ranked on AVVO all-time nationwide. You should also consider the attorney's reviews.
If you found this Answer helpful, please mark it as "Best Answer" Please be advised that the answer above is only general in nature cannot be construed as legal advice, given that not enough facts are known. It is your responsibility to retain a lawyer to analyze the facts specific to your particular situation in order to give you specific advice. Specific answers will require cognizance of all pertinent facts about your case. Any answers offered on Avvo are of a general nature only, and are not meant to create an attorney-client relationship.