Missing Loan Documents Stall Mortgage Foreclosure

Homeowners facing foreclosure and needing time to stop the procedure can. legal claim on the property and that the borrower owes the mortgage amount.. the note, which proves the lender's claim, can delay foreclosure proceedings.. This is a court document asking that the court compel production of the original note.

That is why if a document turns up missing in the loan file of a mortgage loan that is being processed for foreclosure, the servicer should immediately address the problem so that the mortgage loan stays as close to the intended schedule for foreclosure as possible, and that the missing document or other problem is dealt with promptly.

Missing Mortgage Notes Delay Some Foreclosures Many mortgages are not held by banks, but by securitized trusts – complicated arrangements that involve many investors and byzantine legal.

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Banking & Mortgage Litigation involving missing loan file documents and Foreclosure Errors. Expert Witness: Don Coker. A renowned nationwide mortgage.

Missing Loan Documents Stall Mortgage Foreclosure An example of the sloppiness of many mortgage lenders (and their attorneys) in going about their obligations in bringing foreclosure actions is illustrated in a recent decision of a New York City trial court.

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Mortgage foreclosure practices are also the focus of suits brought by certain state. Two documents are critical to a residential lending relationship, and. The note identifies the amount of the loan, and the repayment terms.. stage, causing delay and expense for foreclosing parties, burdening courts.

If you know about foreclosure fraud. “defendants used fraudulent mortgage assignments to conceal that over 1400 MBS trusts, each with mortgages valued at over $1 billion, are missing critical.

If you make a qualified written request under RESPA, your mortgage servicer has to give you specific information about your loan and fix errors. RESPA Violations and Foreclosure | AllLaw Market Your Law Firm

Missing a mortgage. regulations, your mortgage servicer can start the foreclosure process once you’re 120 days behind on your payments, unless you have an active application for a foreclosure.

This is often a futile effort with the Bank's lost paperwork and false promises.. problematic foreclosures have the best chance of a meaningful loan modification.. that can keep you in your home and delay or cancel foreclosure proceedings.

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