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ms.smiler

(551 posts)
25. Wells Fargo has a Manual and Fannie Mae has a Servicing Guide
Fri Mar 14, 2014, 03:52 PM
Mar 2014

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 doesn’t appear to work for you, try a copy and paste into a new browser window.

From Fannie’s Guide:

Section 202.07.01

“Fannie Mae is at all times the owner of the mortgage note, whether the mortgage loan is in Fannie Mae’s 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 Mae’s 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 servicer’s 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 servicer’s name (or in the participating lender’s 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 Mae’s 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 Mae’s 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 state’s 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 don’t appear in my land records because MERS doesn’t 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 doesn’t 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 MAE’s Servicing Guide, with its deceptive practices to fool courts, does not supercede New York law.”


I hope you’re well dixiegrrrrl.

Recommendations

0 members have recommended this reply (displayed in chronological order):

This is the acid test of Obama Justice department Kelvin Mace Mar 2014 #1
And simply taking a cut of the profits doesn't count. OnyxCollie Mar 2014 #2
Take all the profits, and more. Then jail a few executives. Scuba Mar 2014 #5
I agree about the ... 1StrongBlackMan Mar 2014 #22
"Yeah, a buffer. The family had a lot of buffers." - Willi Cicci , Corleone Family "button man" Hassin Bin Sober Mar 2014 #29
ABout the 443rd time I have said this - there are documented cases of where truedelphi Mar 2014 #69
Two degrees? Scuba Mar 2014 #77
LOL. For those in the know, it's truedelphi Mar 2014 #92
I tend NOT to follow Sixty Minutes; but ... 1StrongBlackMan Mar 2014 #78
I have to check my HD for the sourcing - which is a Rolling Stone's article. truedelphi Mar 2014 #88
Matt Taibbi's RS article and the link - truedelphi Mar 2014 #89
Taibbi has left RS...he can be found here: dixiegrrrrl Mar 2014 #94
Very good to know that. truedelphi Mar 2014 #96
Agree, they guys know how to play the game. It's all a calculated risk for them, jail RKP5637 Mar 2014 #28
Actually ... 1StrongBlackMan Mar 2014 #44
Yes, actually, that would certainly be a better solution for those with insatiable greed! n/t RKP5637 Mar 2014 #47
Having worked with criminals ... 1StrongBlackMan Mar 2014 #49
So, if we made them give up their money dixiegrrrrl Mar 2014 #61
Seems to me, RICO laws where made for this situation tavalon Mar 2014 #66
RICO laws do apply, and had one truedelphi Mar 2014 #93
Actually no. Enthusiast Mar 2014 #72
okay. 1StrongBlackMan Mar 2014 #79
Asset Forfeiture of Wells Fargo Half-Century Man Mar 2014 #56
Unfortunately, you KNOW what's going to happen mindwalker_i Mar 2014 #3
I'll take "Null and Void" for $200 please Alec. LibertyLover Mar 2014 #23
Nope. That is correct. closeupready Mar 2014 #63
Remember when monopolies were illegal? dotymed Mar 2014 #80
We won't even have the full employment that East Germany had. truedelphi Mar 2014 #97
Now hold on just a damned minute!!! bvar22 Mar 2014 #57
After allowing the previous administration's war criminals amnesty, fraud is small potatoes. Enthusiast Mar 2014 #71
Another look at the issue: dixiegrrrrl Mar 2014 #4
As your article mentions:Hedge Fund "Blackstone" is into this. Buying up houses all over country KoKo Mar 2014 #9
See the update to the OP dixiegrrrrl Mar 2014 #13
I saw a Berkshire-Hathawasy Real Estate sign in my neighborhood ... aggiesal Mar 2014 #18
Kick.... daleanime Mar 2014 #6
AND...Did you See This...Both Posted today: KoKo Mar 2014 #7
Thank you!!!!! dixiegrrrrl Mar 2014 #8
Congress wants to close down Fannie & Freddie...I wonder if it's because of the KoKo Mar 2014 #16
DU member Ms. Smiler is suing for fraud, to save her house. dixiegrrrrl Mar 2014 #39
I saw that post...seemed like helpful information the poster had....Good Stuff.. KoKo Mar 2014 #43
Wait, what? Moosepoop Mar 2014 #33
clipping here: dixiegrrrrl Mar 2014 #40
Thanks for the info!! Moosepoop Mar 2014 #59
a handy tip: dixiegrrrrl Mar 2014 #60
Rotten...criminal...morally corrupt...and on and on. SoapBox Mar 2014 #10
Recommend jsr Mar 2014 #11
Throw away the fucking key malaise Mar 2014 #12
This used to be my bank. deafskeptic Mar 2014 #14
Oh, do I ever hate those motherfuckers. Fuddnik Mar 2014 #15
them buying your insurance is illegal. dixiegrrrrl Mar 2014 #21
I tried to join a class action suit two years ago, and for some reason was turned down. Fuddnik Mar 2014 #75
If you have a twitter account, feel free to join in on piling on truedelphi Mar 2014 #70
NOW can we prosecute??? cui bono Mar 2014 #17
We always COULD... FiveGoodMen Mar 2014 #51
HUGE K & R !!! - THANK YOU !!! WillyT Mar 2014 #19
I owned a house that was foreclosed on by Wells Fargo about 2012ish Victor_c3 Mar 2014 #20
You can compare your original loan papers. dixiegrrrrl Mar 2014 #24
Thanks for that Victor_c3 Mar 2014 #26
Did they foreclose for a valid reason? dixiegrrrrl Mar 2014 #32
dixiegrrrrl, I greatly value your contribution to DU, you are well informed and ms.smiler Mar 2014 #54
Point taken. dixiegrrrrl Mar 2014 #65
dixiegrrrrl, goodness, do I have a long way to go to catch up to the number of points made by you. ms.smiler Mar 2014 #85
awwwwwwww........thank you for your kind words. dixiegrrrrl Mar 2014 #95
dixiegrrrrl, I'm sure you'll remember this Salon report. ms.smiler Mar 2014 #99
Victor_c3, was it a MERS mortgage? ms.smiler Mar 2014 #30
I'm going to have to look up some information before I can answer any of these questions Victor_c3 Mar 2014 #74
Wells Fargo has a Manual and Fannie Mae has a Servicing Guide ms.smiler Mar 2014 #25
Sadly, here in my county, MERS is still foreclosing dixiegrrrrl Mar 2014 #34
the Fannie Mae gide pdf link is now blank. dixiegrrrrl Mar 2014 #36
It's archived at archive.org bananas Mar 2014 #46
Yeehaw! dixiegrrrrl Mar 2014 #48
And let me make a one word prediction as to what will happen to them... Javaman Mar 2014 #27
Well, they have been fined a lot of money, in many instances dixiegrrrrl Mar 2014 #37
fine smine. they are allowed back in the gulf to drill again. Javaman Mar 2014 #76
Anybody that has had to Madmiddle Mar 2014 #31
Wells Fargo -- Sick Bastards bondwooley Mar 2014 #35
he needs a lawyer so he can sue for damages. dixiegrrrrl Mar 2014 #38
I'd love to see Countrywide's manual on how to sell liar loans! ErikJ Mar 2014 #41
What is interesting is the Countrywide is still being sued. dixiegrrrrl Mar 2014 #42
BofA bought them. LeftyMom Mar 2014 #52
And the banksters keep rolling on. Rex Mar 2014 #45
Finally, proof. idendoit Mar 2014 #50
Don't care AnalystInParadise Mar 2014 #53
AnalystInParadise, rather than a strategic default, may I suggest a strategic Quiet Title? ms.smiler Mar 2014 #55
This is straight out of a John Grisham novel DFW Mar 2014 #58
The worst part is, no one's surprised! n/t Yo_Mama Mar 2014 #62
+1 redqueen Mar 2014 #86
No the worst part is, nothing is going to change from this revelation. Rex Mar 2014 #87
Even guns with the barrel still smoking ain't enough to wake some people up. DeSwiss Mar 2014 #64
Last year, when we had the liberal push to go to Credit Unions, tavalon Mar 2014 #67
How is this any different from MERS? Crash2Parties Mar 2014 #68
Crash2Parties, I’m delighted to welcome such a well informed person to DU. ms.smiler Mar 2014 #73
This appears to be their craptastic way of covering up the MERS mess. reformist2 Mar 2014 #91
Why those dirty motherfuckers! JNelson6563 Mar 2014 #81
Shhhh, listen.... hear that sound? That's the sound of Eric Holder's... pragmatic_dem Mar 2014 #82
And, justice Dept. is too busy spying on the meta-habits of American people to care... pragmatic_dem Mar 2014 #84
Jail doesn't work for bankers. Torches and Pitchforks. sarcasmo Mar 2014 #83
Paperwork? Paperwork is only for the little people!! reformist2 Mar 2014 #90
How are they not a ''Continuing Criminal Enterprise''? Octafish Mar 2014 #98
Why are these people not in jail? Why? No really, why? AllyCat Mar 2014 #100
Because the Gov't is a wholly owned subsidiary of the banks,apparently. dixiegrrrrl Mar 2014 #101
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