Norma, one more thing. If your loan was, once again, securitized, there will no longer be an originated “Note.” It will be gone for more than one reason. Look for “The Foreclosure Defense Handbook. It will tell you everything that you need to know. Good Luck!

Norma, been through the same thing with our mortgage. First of all you need to understand the SECURITIZATION process. If your loan IS SECURITIZED it will be registered with the SEC, Security Exchange Commission. You may also find info about it on a website called MERS, Mortgage Electronic Registration System. This was developed by bankers and functions as a registry. Read as much as you can about the process and find who is the actual “holder of the note” and “beneficial person of interest.” This is who has “standing” and the ONLY one who can foreclose. Find out if your state is judicial or non-judicial, makes a big difference in finding info and defending your position.

I have the same situation you do I’m going to the FBI. Already been there once they agree there’s collusion between the banks and they suggested for me to just get over it. Let the bank take your home take two aspirins go to sleep find another place to live. I have been dealing with this since 2005 I’m still in my home have not paid a mortgage in 5 years plus. I’m returning to the FBI I will not come out of there until these people arrest someone at Wells Fargo Bank oh by the way US Bank is involved also about that I know quite a bit about the situation email me back garrypennington@gmail.com

@ Laura – I just saw this post by another person here at this site. It may prove to be useful:
Do you really want to uncover the FRAUD? Well IF you do call this man Gary Michaels who is a Certified Document Examiner for the past 35 years. He can find exactly where the FRAUD is and will go into court and explain this to the Judge! Call him @720-878-7076 Cell or his home at
303-952-9910. If nothing else it is well worth the phone call. PLEASE tell Gary that Christie referred you to him 🙂 http://www.forgeryfraud.com

I also found out that PA is a judicial state (similar to Florida) on foreclosures.
Pennsylvania is known as a lien theory state where the property acts as security for the underlying loan. Depending on the court schedule, it usually takes approximately 120 days or more to effectuate an uncontested foreclosure. This process may be delayed if the borrower contests the action, seeks delays and adjournments of hearings, or files for bankruptcy. A defendant has 20 days in which to file an answer to a foreclosure complaint otherwise default will be entered. The defaulting borrower must be given at least 10 days notice before default is entered and there must be a 30 day notice before a foreclosure sale can take place by the Sheriff. There are two pre-foreclosure notice requirements which are specific to Pennsylvania. An Act 6 notice (Required to be sent by certified Mail) requires a notice of intention to foreclose to be sent within 60 days of a default occurring. The borrower will usually then have 30 days in which to set up a payment plan or cure any default during this time frame. An Act 91 notice (Required to be sent by regular mail with certificate of mailing) relates to a mortgage default where the borrower is advised there may be assistance available in the form of a HEMAP (Homeowners Emergency Mortgage Assistance Program) loan to cure the existing default. Act 6 and Act 91 notices have different applications to various government guaranteed loans. FHA loans under $50K in default usually require Act 6 notice and VA/Conventional loans under $50K require Act 91 notices.

If you have rec’d any of the above notices and a Lis Pendens has been filed and served upon you then you have only 20 days to file an answer and contest the foreclosure. PA does not have redemption like Florida so you don’t have the choice to pay up the arrearage and reinstate your mortgage once the Lis Pendens is filed and served. If you do this alone, my suggestion is to google “filing a contested foreclosure in PA’ and there should be plenty of assistance in helping you form the proper paperwork for filing the answer. The KEY is the 20 day time period.

Hi Bobbi

Thanks for the reply! I just looked up Freddie and fannie and NO neither own my loan. I don’t know who owns my loan… What is the best thing for me to do? I am so lost.

@Laura – Since you are in PA I am not sure of the type of foreclosure you would be facing. Florida is a judicial state so your laws may be different. My best advice is to research your state laws to determine what and how you can proceed. For instance, in Florida, you have 20 days from the time you are served to file an “answer” to the foreclosure. That, in itself, opens the door for defendants to raise defenses to the filing. You can also file motions for the plaintiff to produce certain documents as part of discovery. As far as being able to determine if your loan was part of a securitization check both the Fannie and Freddie sites for ‘loan look up’. It will tell you if your loan is owned by either of those entities. If so, the likelihood is that your loan was part of a pool of mortgages. You can also request such information directly to Fannie/Freddie if your loan shows up as ‘owned’ by them. Make sure that any mail you send out has some sort of tracking or required signature and keep copies of everything you do. If you can’t afford an attorney just make sure that you do your research. I found that the law library at the court house is an excellent source of information and the people that work there are really helpful. It is not an easy task to represent yourself pro se so if you intend on going down that road prepare yourself for a bumpy ride. It will take a lot of preserverance and patience. If you do plan on trying to find an attorney you can post on this site for references (on the general posting board) for one in your area or research for one that has background and actual experience in foreclosure defense on the internet. Talk to several before you make a decision. Most importantly is that you file whatever is required at the onset of being served! It’s very hard to go back in time once a filing has been made.

Hi Bobbi…. I am in this situation… I was with bought my house in 2006 through a crooked mortgage broker called HANSEN MORTGAGE in Philadelphia PA with Countrywide Bank… then they sold it to BOA now supposedly with Wells Fargo and SPS as the servicer. I am in foreclosure because I refused to pay SPS …. and now the plaintiff is Wells Fargo …but when I called every department in Wells Fargo and spoke to someone they DO NOT know who I am or don’t have my social on file. I refuse to lose my home to these thieves … I need help. I have asked defense attorneys and other attorneys but I get no help. What should I do? I have 2 little children… Thanks!