Chase called out of the blue and said the foreclosure auction scheduled within that week — had been mysteriously cancelled.

They are required to post the cancelation in the paper from what I read of state rules. This was never done. I assume it was probably posted at the courthouse – but we received nothing….ever.

The county registrar’s office shows no assignments, no lis pendings (ever) filings.

You know – in that single verbal notice (I picked up the phone only to learn about the cancelation from a Chase person – who verbally advised me the auction was canceled. Why? He said because “the investors didn’t want to foreclose”. Hmmm, after two attempts to get me to sign new contracts for modifications (which certainly would null & void the fraudulent mortgage and likely sign away my rights) – it has been quiet now.

Yeah, I know – they’ll try again – and will force me argue it in court. I’m thinking they won’t make a move for so long as the named trust is wrapped up in an investor lawsuit.

But, if Chase settles w/the investors (which I assume is via the Trustee?) – they’re next move will likely be to initiate another foreclosure…but before they could do that – I’m thinking the house’s title would have to be returned to Chase in lieu of their settlement $. That could be a while and probably won’t get done correctly. Who knows.

In the meantime – IS IT ADVISED TO GO TO THE TRUSTEE OF THE TRUST AND REQUEST PROOF THEY OWN THE TITLE? OR SHOULD I GO TO THE TITLE COMPANY (The only one I know of is the one involved when I executed the sale)? Sorry to be a bit of a dolt here. Any info anyone can provide will be most appreciated.

You know, all of you good people who share experiences and knowledge are just wonderful. I rarely go a day without visiting this site. Once of these days we hope to make it to a 4closurefraud happy hour since we are often in FL.

Many Blessings!!

Then all we need to do is SUBPOENA the TITLE INS. COMPANIES, and they will have to give us the names of our trusts? I’ve researched mine and can not find where my loan is. The citizen’s warriors stated a few weeks back when Terry was on educating us on (Securitization) that she will perform our audits needed for proofs in court. ($2,000). See, being out of state, not sure anyone can use it in a trial or as evidence as my experience is evidence has to be backed up by the person who performed the task. (IN PERSON to testify that this is her document and here is the RESULTS.) For out of staters to pay the costs for travel and testifing costs???? But anything that we find and research on our own can be submitted into evidence as our WORK PRODUCT. Plus we can SUBPOENA any instate employee from the TITLE COMPANY. They have to appear. They are considered “ADVERSE” or “HOSTILE” witnesses, but who cares, they have to tell the truth when faced with it. Terry stated that the TRUSTS had limited duties, That they can hold the NOTE, but it would be a violation for the trust to come to court, and that they can not foreclose.?

The 1st time Chase tried to foreclose, about a 1.5 yrs ago – it was published as “Mers”. I was able to bring all current and the matter was dropped. We fell behind later down the road, and the published foreclosure then named HSBC (I may be off on the bank initials) as trustee for the 2007 Trust.

I started to do some digging and found that the Trust at some point was no longer required to make SEC filings (due to its small size) so it fell off the radar until I found that the Trust was part of a class action investor suit. Of course the suit claimed some pretty sappy underwriing, etc. among other things – but those poor investors don’t know the 1/2 of it…such as falsified info, documents and signatures – ALL of which I was unaware of until I went to the county and printed mortage docs + looked over the data received in response to my QWR…couldn’t believe that Chase admin staff in the “copy department’ actually handed over this stuff – right to me – including Chase docs with obvious forgeries of my signature + the outrageous income verification info signed by the Chase person as “XXXXXX”. Oops…someone in the “copy department” forgot to shred that one. All of that data is stored off site in a safe, now 🙂

I VENT, GOTTA LOVE ” WE ARE CREEPING UP ON THEM” YOU GO GIRL.

Research can be found “LAWS” at your local library, colleges, and courts usually all have law libraries where you can reseaech the CASE LAWS that you have to apply. NOT TO SAY, this is NEW legal territories, so we may just be the next NEW CASE LAW. Law libraries are quite intimidating, but just ask for help. I was lucky one day and a nice woman attorney showed me the ropes. Once you get it, the research is easy. Just find your laws and case laws, get the pages copied, get home and read it later. I read my N.J. case law 100 times or more, and then one day it was like a LIGHT BULB going on. I GOT IT. When it all makes sense to you, and you understand the legal mumbo jumbo, you are ready for the TRIAL. The judge will KNOW YOU KNOW THE LAW, and the CASE LAW that applies. Makes it harder for a JUDGE to dismiss you, and on APPEAL , YOU WILL SAY THAT THE JUDGE ERRORED in HIS DECISION. You will have your transcript in hand for the APPEAL, to prove that the JUDGE ERRORED.

You can access Black’s Law Dictionary online by Googling a legal term.