Mortgage Notes are regulary bought and sold between entities and individuals. Generally when a
Note is sold the Mortgage is than assigned of record to the new owner. this entails not only delivering the actual note and mortgage to the new owner but also recording and assignment of mortgage in the county clerks office. Since you are queens county you can easily search what documents are recorded againt your property by going to the city registers office. just google ACRIs and it will take you there. If there are any mortgage assignemnet recorded just look at the latest filing and it should at least indicate who is the "recird" holder the note and mortgae. Please remember that your Mortgage Note could have been sold and no asignment recorded. Good luck.
When responding to questions posted on Avvo, I provide a general purpose response based on NY law as I am licensed in NY. In reviewing my response, you are specifically advised that your use of, or reliance upon any response I provide is not advisable. I do not have all relevant background details or facts related to your issue / matter, thus I am not in a position to give you legal advice. Further, your review, use of, or reliance upon my response does not establish an attorney-client relationship between us nor does it qualify as a legal consultation for any purpose. For specific advice regarding your particular circumstances, you should consult and retain local counsel.
Quite often the mortgage is recorded in the name of MERS instead of the actual bank. Have your attorney handling the chapter 13 case assist you.
If this answer is helpful, then please mark the helpful button. If this is the best answer, then please indicate it. Thanks. For further information you should see an attorney and discuss the matter completely. If you are in the New York City area, then you can reach me during normal business hours at 718 329 9500 or www.mynewyorkcitylawyer.com.
As the other contributor said, mortgages are regularly bought and sold. It sounds as if you are interested in making the claim that because the assignment wasn't proper the debt is no longer owed. While this argument sounds attractive, it does not comport with an equitable argument. Please be careful in allowing someone to talk you into believing that you can get your home free and clear because of improper assignments.