General Discussion
In reply to the discussion: Wells Fargo caught with "how to defraud homeowners" manual. [View all]ms.smiler
(551 posts)Fannie Mae lookup tool: https://knowyouroptions.com/loanlookup
If Fannie owns your loan, please understand the following:
Fannie Mae Servicing Guide
https://www.fanniemae.com/content/guide/svc031412.pdf
If the link doesnt appear to work for you, try a copy and paste into a new browser window.
From Fannies Guide:
Section 202.07.01
Fannie Mae is at all times the owner of the mortgage note, whether the mortgage loan is in Fannie Maes portfolio or part of the MBS pool. In addition, Fannie Mae at all times has possession of and is the holder of the mortgage note, except in the limited circumstances expressly described below. Fannie Mae may have direct possession of the note or a custodian may have custody of the note. If Fannie Mae possesses the note through a document custodian, the document custodian has custody of the note for Fannie Maes exclusive use and benefit.
Section 103.02
If Fannie Mae is not the mortgagee of record for a mortgage loan, it does not need to execute any release or satisfaction documents. The servicer should execute any required satisfaction documents in its own name (or in MERS® name, if applicable for a MERS-registered mortgage loan).
Section 202.06
The servicer may execute legal documents related to payoffs, foreclosures, releases of liability, releases of security, mortgage loan modifications, subordinations, assignments, and conveyances (or reconveyances) for any mortgage loan for which it (or the Mortgage Electronic Registration System, or MERS®) is the owner of record. When an instrument of record relating to a single-family property requires the use of an address for Fannie Mae, including assignments of mortgage loans, foreclosure deeds, REO deeds, and lien releases, the following address must be used:
Fannie Mae
P.O. Box 650043
Dallas, TX 75265-0043
Pre Foreclosure
Section 107
MERS must not be named as a plaintiff or foreclosing party in any foreclosure action, whether judicial or non-judicial, on a mortgage loan owned or securitized by Fannie Mae. When MERS is the mortgagee of record, the servicer must prepare an assignment from MERS to the servicer and bring the foreclosure in its own name unless Fannie Mae specifically allows the foreclosure to be brought in the name of Fannie Mae. In that event, the assignment must be from MERS to Fannie Mae, in care of the servicer at the servicers address for receipt of notices. The assignment must be prepared and executed before the foreclosure begins.
Post Foreclosure
Section 107
In most states, the foreclosure attorney (or trustee) must initiate the proceedings in the servicers name (or in the participating lenders name, if the servicer is not the mortgagee of record for a participation pool mortgage loan). The attorney (or trustee) must subsequently have title vested in Fannie Maes name in a manner that will not result in the imposition of a transfer tax. Examples of ways to accomplish this include the assignment of the foreclosure bid or judgment to Fannie Mae, inclusion of appropriate language in the judgment that directs the sheriff or clerk to issue a deed in Fannie Maes name, recordation of an assignment of the mortgage or deed of trust to Fannie Mae immediately before the foreclosure sale, recordation of a grant deed to Fannie Mae immediately following the foreclosure sale, etc. The servicer and the foreclosure attorney (or trustee) must determine the most appropriate method to use in each jurisdiction. If recordation of the assignment of the mortgage or deed of trust to Fannie Mae is the selected option, the assignment should not be recorded any earlier than is required by the states foreclosure procedures because of the possibility that the mortgage loan may be reinstated before the foreclosure sale.
In my case, Fannie has owned my loan since 11/01/2006 yet they dont appear in my land records because MERS doesnt file most conveyances that are required by law. PA State statutes require that all conveyances be filed in the county land records within 6 months otherwise the mortgage is fraudulent and void. Oops.
Servicers for Fannie such as Wells Fargo and in my case, Nationstar follow the Fannie Servicing Guide and file bogus Assignments in the land records designed to paper over the gaps and breaks in the chain of Title created by MERS and to create the illusion that the servicer owns the loan. These bogus Assignments are often used in fraudulent foreclosure actions filed by mortgage servicers.
If a mortgage loan doesnt progress to a foreclosure but is instead refinanced or paid off, the best a homeowner can expect is a bogus Satisfaction of Mortgage filed in the land records.
If homeowners understood the scope of the fraud that took place on the creditor side of their dutifully paid mortgages and the Title defects it created, like me, they would likely seek counsel and file a lawsuit to fix their property Titles and kick any void mortgages to the curb.
Securities fraud on Wall Street has created a mortgage/foreclosure/Title crisis here on Main Street.
http://stopforeclosurefraud.com/wp-content/uploads/2013/07/JP-Morgan-Chase-Bank-Natl.-Assn.-v-Butler.pdf
See page 9 Fannie Mae is at all times the owner of the mortgage note, whether the note is in our portfolio or whether we own it as trustee for an MBS trust.
From the NY ruling: Despite its December 2011 admission that FANNIE MAE owned the subject BUTLER mortgage and note, CHASE, prior to this, continuously presented its ownership subterfuge to Special Referee Goldstein and the Court. The Court cannot countenance the deceptive behavior of CHASE, the alleged owner of the subject BUTLER mortgage and note, its counsel, and FANNIE MAE, the real owner of the subject BUTLER mortgage and note. FANNIE MAEs Servicing Guide, with its deceptive practices to fool courts, does not supercede New York law.
I hope youre well dixiegrrrrl.