Chase Never Recorded Our Mortgage!! But sent a Lis Pendens!!!

[tobee43]

after over 5 years now waiting for chase to foreclose i had the time to research the county records to see what is going on with why they haven't made a move.

the records go back forever, i saw 30 years of mortgages in our history, re-fi's etc. assignments, all put on the record. the ONLY thing i saw was wells fargo recorded this mortgage and sold it to some small company, it then shows our mortgage as satisfied. the following item is the Lis Pendens from Chase!! (which we never rec'd we did however receive an NOD which wasn't listed )where there is no record at all of Chase assuming or assigned the mortgage??? we did know another company purchased our mortgage but it was followed by a letter from Chase stating they now are assuming that mortgage. i guess they forgot to file it and and put that on the record.

how can they foreclose without a mortgage instrument?? ...now what???

what a mess!!

[tobee43]

just got a copy of the lis pendens...it's the OLD company that use to own it before chase purchased the mortgage? what the heck??

[TRfromillino]

maybe you get to live there longer?? Right hand doesn't know what the left hand is doing!

[tobee43]

maybe you get to live there longer?? Right hand doesn't know what the left hand is doing!

nope...we left over 5 years ago! i guess they have been paying the taxes?? at least i haven't heard from the township as yet. i never put the town in our bk because we didn't own them anything at the time we filed. we had an escrow account. i wish the town would foreclose for back taxes or something..

[Pjmax]

It probably keeps getting pushed off on a different lender when the new one finds out the fishing isn't so good in the river running through your old house!!

[tobee43]

It probably keeps getting pushed off on a different lender when the new one finds out the fishing isn't so good in the river running through your old house!!

ROFL!!!!!! your right! too funny! i betta there's GREAT rainbow trout in that there river!

well the last thing other than the lis pendens is a cancellation of the mortgage saying it's satisfied. so i guess chase is having a bit of a problem with bringing it into court and having the foreclosure go through without the docs to back them up.

[TBA]

I assume there were no assignments filed either? That is way crazy. Are there any rules about filing times where this property is located?

And it could also be that no one purchased the tax deed, so no one is there to request or force the sale. The town might not know where you are to mail the bill?

I know the lender "couldnt find" me for my rental property at first - they kept trying to serve me at the property address even though they had a different mailing address where they sent the bill each month. They actually did it again after they got things rolling, and now, almost a year later, nothing has happened. no news from the clerk either for taxes but here they attach to the property and not to me, so i am not really worried about it. at least, not this week.

edit: oh yeah... did you check the docket and court file to see if they used a mortgage to file the LP? (usually?) they record the mortgage again and it is included with the initial court file. At least i know they did for us.

[bcss]

Is it recorded with MERS?

[tobee43]

I assume there were no assignments filed either? That is way crazy. Are there any rules about filing times where this property is located?

And it could also be that no one purchased the tax deed, so no one is there to request or force the sale. The town might not know where you are to mail the bill?

I know the lender "couldnt find" me for my rental property at first - they kept trying to serve me at the property address even though they had a different mailing address where they sent the bill each month. They actually did it again after they got things rolling, and now, almost a year later, nothing has happened. no news from the clerk either for taxes but here they attach to the property and not to me, so i am not really worried about it. at least, not this week.

edit: oh yeah... did you check the docket and court file to see if they used a mortgage to file the LP? (usually?) they record the mortgage again and it is included with the initial court file. At least i know they did for us.

no assignment! after ...and yes, bcss it is recorded with MERS! you're right. i should have caught that! they know where we are, at least chase does since we got a reg letter in dec from one of their attys...but it was a collections atty. asking us to send the full amount of the mortgage which is IIB. so they do know where we are. filing times are not clear, i know to change the title it's a 20 statue of limitations.

i Mortgage Electronic Registration Systems, Inc. v. Lisa Marie Chong, et al. (United States District Court, District of Nevada)

"On December 4, 2009, Judge Dawson found that "MERS provided no evidence that it was the agent or nominee for the current owner of the beneficial interest in the note, it has failed to meet its burden of establishing that it is a real party in interest with standing." He issued his decision in 5 of the 18 cases (In re Chong, In re Pilatich, In re Cortes, In Re Medina and In re O’Dell) on appeal but declined to hold that "MERS would not be able to establish itself as a real party in interest had it identified the holder of the note or provided sufficient evidence of the source of its authority."[17]"''

now that i look the lis pendens is in MERS name, however the summons i got for the NOD was JPmorganchase? really interesting.

[tobee43]

Is it recorded with MERS?

yes, that is the last assignment, but then it looks like MERS never transferred it to chase?

[TBA]

MERS isnt technically a lender, per se, their website says, "MERS® System, a national electronic registry system that tracks the changes in servicing rights and beneficial ownership interests in mortgage loans that are registered on the registry. "

But i dont really know what that means in relations to your specific status.

[tobee43]

oh, yes, i know what mers is...and actually they were named on the lis pendens which is a system and not really a lender. however, it was them named on there.

the records indiate this:
our mortgage was assigned to wells fargo (at this point)


it then was re-fi'ed and assigned to MERS

then it shows a satisfied mortgage or discharge of mortgage by wells fargo

THEN it has the lis pendens from chase, the filed it but it names MERC as the lender??......but no where in the records did or was the mortgage assigned to them?


TBA: yes, i have the docket number and there is nothing there! it says it does not exist? and it's filed by Chase naming MERS as the lender

[Pjmax]

Can you contact the township and find out who's been paying the taxes? Maybe that slipped through the cracks, and calling might open the right can of worms. Sheesh, around here (southern NJ - they're desperate) if you're late on one quarter you get a tax sale notice!

[bcss]

Hmmm, what a mess. Try to quit claim back to the bank? What are they going to do about? Sounds like lawyer time. I'd get that nightmare out of your name. Wish you the best!

[tobee43]

pj..right don't want to open any can of worms for certain!

bcss....a mess! what an under statement lol! here's the thing, i would likely believe the bank, and the town know where we are. the town was getting paid for the taxes by chase, since there was an escrow account. chase had to be paying the taxes or i know chase knows were we are and could have told the town where to bill us. our mortgage has the escrow account in there for the distribution of the taxes and insurance. one would think chase pay them to prevent the town from putting a tax lien on the house and then the town would have the right to foreclose for the back taxes??? hate to assume anything.

i never listed the township on our petition because at the time they were paid in full for that year. there was no amount to be listed...and also as i was saying we were current and figured after the NOD chase would proceed with the foreclosure. i can't imagine they can, now that the mortgage was never assigned to them??

i just don't think any atty can help us through this mess, we certainly do not want the house back, but as it looks we are free and clear of the property because the only documents or records found are wells fargo being paid in full and then chase rep'ing MERS filing the lis pendens...what a mess is right!