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  1. eugenenj says:

    To Cookie: Correction, IndyMac Mortgage Services. Check to see if they have authority do business in your state. Attorneys licensed.

  2. eugenenj says:

    For Cookie,
    An alleged Lender(Servicer) makes agreement with the alleged Holder/Owner to the servicing rights who in turn subservices the rights to another servicer with agreements with the subservicer. As an example, JPMorgan Bank, N.A. used Chase Home Loan Servicing, LLC as its subservicer and OneWest Bank, FSB used IndyMac Bank, FSB as its subservicer.

    • cookie says:

      Thank you Eugenenj. When I requested the servicing agreement between the two lenders (to substantiate the power of attorney because one signed the assignment on behalf of the other via an allonge) they sent me a sub servicing contract that added yet another name to the pile. The date didnt align either, so I have to tell the court we are still awaiting on the servicing agreement. Im not sure how anyone makes money hiring servicers that hire servicers! (sounds like reinsurance companies)
      Thanks again!

  3. cookie says:

    Can someone tell me the difference between a servicing agreement and a subservice agreement? I asked a lender to supply a servicing agreement through court order (to substantiate a power of attorney) and they supplied a sub servicing agreement that implicated yet another lender.

  4. usedkarguy says:

    you must have something if they’re using this tactic. Stay on it! Get an attorney

  5. Angel says:

    Goodmornin yall:-) I’m at a cross-road,,STILL in litigations & the stall tactics are becoming frustrating to say the least,,,I’m pro se & plaintiff’s counsel continues to add new co-counsel to assist them,how many times am I required to submit discovery? Because every new co-counsel added are demanding me to RE-ANSWER everything already asked/answered to plaintiffs lawyer at beginning of this? 2011.Thank You in advance for responding:-) :-) :-) :-) :-)

    • cookie says:

      Typically, in the discovery process, the judge will review what has been requested and what has been supplied.IN NY , and in my experience, if all discovery has not been supplied, sometimes the judge will allow additional time for the defendant (or plaintiff) to supply it. If all documentary evidence has been proffered, then perhaps a preclusion motion is in order. The order would ask the court to accept the discovery already provided and nothing further. It doesn’t sound right..why would the court allow new discovery requests for the same documentation if it’s already been supplied? Are the discovery requests asking for new evidence?

  6. lms53 says:

    bobbi, based on what law is acceleration void if makingpayments

  7. Cookie says:

    Still mired in a big mess. I have a question that was brought up today in New York. Can a bank assign a note of mortgage to the servicer to hold the note but still be the owner of the note? In other words, if mortgage is accelerated and payments are made, they go to the servicer who then gives it to the bank who assigned the note to the servicer? I know this is so confusing, but it doesnt smell right

    • BOBBI SWANN says:

      Cookie – A lender or owner of a note can sell the ‘servicing rights’ on a mortgage. That does not mean that they are relinquishing ownership of either the note or the mortgage. They are simply transferring the right to collect the monthly payments to another entity. You don’t have to have it recorded of record either, but they do have to provide you with a notice of Change of Servicer 90 days in advance. You also do not have the right to object. As to the mortgage being accelerated, that only occurs if there is a default under the mortgage or in the payment of the note. If they accept payments in an acceleration, then it would negate the acceleration all together. In order for them to accept payments they would have to negotiate with you some repayment such as a forbearance agreement or a loan modification. The monthly payments that you make to a servicer of your mortgage would remit the payment to the lender. The lender pays the servicer a fee out of their profits on the ‘spread’ each month. It is all perfectly legal, except if they are accepting payments when the mortgage has been accelerated and you have rec’d notice of default.

  8. hammertime says:

    Anyone recently have Chase loan transferred to Pennymac?

    • BOBBI SWANN says:

      Yep! Going on 8 years in fighting foreclosure….they sold the loan and servicing to Penny Mac. Go figure! Oddly enough, they never filed any type of assignment in the county records. Why do you ask?

      • hammertime says:

        Since loan closed in ’07 Chase has claimed to be servicer and lender in one form or another. With CA HBOR I was able to obtain questionable note copies, 1 of them 6 years late still not valid in late ’13. That’s when city, whole world turned their screws on me. In latest rounds I used Cease and Desist in reference to CA HBOR and settlement violations. First the lawyer changed and then servicing changed this month to Pmac.
        CFPB is now LESS responsive. I believe Chase is evading law by these late transfers and CFPB is ignoring it. I would like to show it’s not just me and make some type of group complaint to CFPB and copy anyone we can.

      • cookie says:

        8 years? isn’t the statute of limitations over?

  9. dangeroosdave says:

    Scott-
    I’ve found that an inquiry from a Senator to CFPB, or any agency, moves your case to the top of the pile pretty quick. The CFPB today is like the FBI in 1930, just a little seed. I copy all 100 Senators with the major filings in my case, just cut and paste into their mailbox. Most of them don’t read, but their staff people do, and everyone has lunch with somebody and talks with somebody else about anything of interest. If your agenda fits with their agenda, sometimes good things happen. It’s an uphill battle against financial people.

    • BOBBI SWANN says:

      Ya know, I read your comment and my first reaction was…how sickening is this country when tax payer monies are paying for the salaries of these ‘staff people’ and we the taxpayers have to wait until someone strikes a conversation over a McDonald’s hamburger and coke before action is taken that perks one’s interest. What’s even worse are those in those positions (senators, congress and all the staff members) are the highest percentage of a group that OWES the IRS taxes! Yep! So, even THEY don’t pay their fair share and living off the backs of the taxpayers who funds their paychecks! It is disgusting. As much as I hate to think the worse, I think this country is headed for a massive revolution. There’s not one person in office that has the guts or integrity to stand up for what is right and declared in our constitution.

      • Lms52 says:

        Amen to that. They r all pathetic. CFPB may get a situation escalated momentarily but nothing gets accomplished. Banks are liars and their responses are lies.

    • Hammertime says:

      Very good point about FBI. I may still be In my home because of CFPB but there are real problems and it may be captured by banks at some level. It’s another trap we’ve caught in but some faith was restored when Sen Warren questioned Cordray along with others. We don’t need a revolution. We need to re claim our democracy. The corporate Republican and Democratic solution will be no regulation again and next crisis will make this look like a picnic.

  10. ldynps says:

    I’m so laughing!! Good luck being granted a jury to even tell…..Hahahahahahah!~!!

  11. Dave McCrae says:

    Scott- Are you uncertain of the meaning of prejudice? You can find long scholarly articles, and have lots of lawyers dancing on the head of that pin. Why not just ask the jury? Present your facts. Tell the jury to deliberate on the issue. They are bound by only one rule in deliberations, and that is the rendering of justice. That responsibility used to belong to the King, who talked with God. In America, we turned that system upside down. Just tell your story to the jury. :)

    • Trevor Hitchin says:

      Dave… just read your news about CFPB…reserves being set aside etc.
      This is you….all you. It’s a forward leading indicator. I’m dragging Met Life et al…into the courts…those bastards committed perjury. . And now they will pay for what they stole.

      Never lose hope. Ever.
      777

  12. Dave McCrae says:

    Scott- Make sure youi send me a subpoena to talk to your jury. I’ll subpoena you to mine. There is no enforcement going on in America right now. Let’s fill up every courtroom in America, one by one. Stay sharp-

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