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Which bank should I be speaking to about a short sale or deed in lieu if my mortgage was assigned 2 weeks ago?

Winchester, MA |

My home is in foreclosure. The mortgage was originally with Chase until it was assigned 2 weeks ago to Wells Fargo, as Trustee.for Wamu Mortgage Pass-Through Certificates """". Should I be speaking to Chase or Wells Fargo?

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Attorney answers 4


Talk to the new bank. The old bank is out.

Banks are swamped. The loan may not be assigned to anyone so you may need to ask for a manager to find the loan and assign to someone.

Good luck.



As Trustee? Look at if your loan was in a trust and it should be named on your foreclosure complaint, it cannot be transferred after the closing date. Then get an attorney to help you defend.



In addition, the servicer would be the ones controlling any modificatin. Find an attorney


If the mortgage has been assigned to Wells Fargo, you will need to talk to them.

However, you should strongly consider hiring an attorney. I will also warn you that merely "talking to" a bank--by which most folks mean "make undocumented telephone calls to a bank--is unlikely to be sufficient to get you a modification.

Do you want accurate, personalized, legal advice that you can rely on? You will have to hire an attorney, not ask on Avvo. I am not your attorney and am not creating an attorney-client relationship by this post. I am therefore giving only general advice. This advice may not apply to you or your situation; may not take account of all possibilities, and may not match the advice I would give to a client. DO NOT rely on this advice or any other advice on Avvo to make your legal decisions. If you want an answer to a legal question you should retain an attorney who is licensed in your state.


You may also want to see who is servicing the loan. While Wells Fargo may be the holder, the loan may be serviced by a third party (i.e. Ocwen, American Home Mortgage Servicing etc) You should have received a 150 demand letter which states who the current hold of the mortgage is and a number to contact them. You should contact them as soon as possible. You should also contact an attorney to guide you through your options.



There is no "bank" that owns your loan, as it has been "securitized".

In your case the "bank" is merely a debt collector (mortgage servicer) who has been given complete autonomy to conduct the foreclosure process for either a disclosed or undisclosed business securitized trust in which the rights to receive your mo thy mortgage payment were sold in the form if bonds to large institutional investors.

So you would need to contact the latest cockroach debt collector mortgage servicer, but beware the servicer gets paid if the house forecloses so don't expect any help from these people. This is the reason why you read so many stories about the run around people get when trying to modify their loan. The "bank" does not own your loan so they could care less if it forecloses, worse yet the servicer has an incentive to liquidate your home

Just an FYI

Glenn F.Russell, Jr., Esq licensed in MA and CT