General Discussion
In reply to the discussion: Unsealed court-settlement documents reveal banks stole $trillions' worth of houses [View all]ms.smiler
(551 posts)loan default does nothing to prevent or eliminate any cause of action in a lawsuit.
Homeowners can file a lawsuit, regardless of whether or not they are making payments. I think a homeowner should have a plan, understand their situation and have capable counsel before making a move though, just my view. There isnt much I do based on a whim.
Like most homeowners, Fannie owns my loan. In keeping with Fannies Servicing Guidelines, my servicer filed two bogus Assignments/Liens on my property falsely claiming they own my loan.
If Fannie wants to step out of the shadows to claim and prove they own my loan, they will also prove fraud on the part of my servicer who falsely claims to own my loan. Fannie is certainly welcome to come to court and help prove my case. What do you think they would do?
If no party can prove a valid debt, I walk with all of my damages. If a party is able to prove a valid debt, it would be deducted from my damages and I walk with the balance.
Whats important to me is that I expect to obtain a valid Deed, clear Title and relieve the land records of two invalid Assignments and one invalid mortgage. Theyll be lots of money in my pocket and Ill strain my ear in hopes of hearing a bankster cry. And if I'm really lucky, I'll get a ruling and set a precedent that will help other homeowners.
A few years ago it was a few DU members who helped enlighten me about securitized mortgages; otherwise I would be like most homeowners, clueless about what happened to my mortgage loan.