msgg17
07-16-2009, 06:02 PM
:eek:I am not on the mortgage note; but on the Title & Deed at date of closing July 2001. Note holder (a) and I (b) non- note holder went to court OCT 2004 and it was Court Ordered that I be awarded the home and to fufill all obligations of (A) note holder. Reformation of deed & title were also ordered by Distict court to remove (a) note holders name and to reflect my name alone (b) non note holder. This judgement & Order was filled with county clerks office and forwared to Mortage holder Bank. Tax Distict then acknowledged me as the only owner then allowed me to homestead the property in my name alone. Bank refused payments from me per note holders instructions to bank, despite court order. However each time home went into foreclosure I was served a foreclosure notice in my name and a demand letter to collect a debt. It was only then was I allowed to pay their attorney the past due mortage & attorney fees to stop foreclosure. After reinstatement I was agained not allowed to make payments on mortgage to bank per instruction of note holder given to bank. OTS, AG and other agencies where contacted and I have documentation showing I asked them to help me instruct the bank to honor Court order and accept my payments.
The bank never removed the note holders name from the deed & title per court order and would not accept my payments a suite was filled May 2008 against note holder & bank in district court to enforce and or get clarification explained to bank and note holder to stop interferrence accept my payments; since the bank was blaming it on note holder. Bank aswered and responded to discovery, Court date was scheduled march 26, 2009. March 24, 2009 FDIC stated the bank should have informed them of the pending litigation and therefore was requesting case be takein to Federal court; since FDIC had seized the bank after the suite was filled. :confused:While waiting for 90 days to go to Federal court, Lies Pendens was filled by myself; but my home was auctioned for more than the debt, bought back by the back and turned over to Fannie mae who has filed an eviction notice for me to vacate.
P.S DEED Of Trust used to foreclose had note holders name after it was court ordered to be removed. You see if they Deed had my name only and I had no note with bank they would have not been able to foreclosue without a me having a note. WHO CAN HELP - WHO WANTS TO HELP I KNOW THIS CANT BE THAT EASY
The bank never removed the note holders name from the deed & title per court order and would not accept my payments a suite was filled May 2008 against note holder & bank in district court to enforce and or get clarification explained to bank and note holder to stop interferrence accept my payments; since the bank was blaming it on note holder. Bank aswered and responded to discovery, Court date was scheduled march 26, 2009. March 24, 2009 FDIC stated the bank should have informed them of the pending litigation and therefore was requesting case be takein to Federal court; since FDIC had seized the bank after the suite was filled. :confused:While waiting for 90 days to go to Federal court, Lies Pendens was filled by myself; but my home was auctioned for more than the debt, bought back by the back and turned over to Fannie mae who has filed an eviction notice for me to vacate.
P.S DEED Of Trust used to foreclose had note holders name after it was court ordered to be removed. You see if they Deed had my name only and I had no note with bank they would have not been able to foreclosue without a me having a note. WHO CAN HELP - WHO WANTS TO HELP I KNOW THIS CANT BE THAT EASY