Real Estate Law
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Do you really mean that your name is XXXXX XXXXX mortgage ? Or do you mean that your name is XXXXX XXXXX Deed ?
Trust transfer Deed dated May 12, 2005
1. If you are on the Deed, either in your individual capacity, or as the beneficiary of the trust to which you transferred title, then you would have standing to contest the foreclosure, but you would do so as the beneficiary of the trust, not as the borrower until you have your status determined in the manner I described in my previous Answer to you.
2. The test is not really the origination, but rather, in the Assignments of the Note and Mortgage to each successor in interest starting with the Assignment of the Note and Mortgage from the first lender to Wachovia Bank, and the Assignment of the Note and Mortgage from Wachovia to Wells Fargo, the present lender. Each Assignment should be recorded in the Office of the Recorder of Deeds Office of the County in which the real property is located. And, each Assignment should recite that the Assignor assigns both the Note and the Mortgage to the Assignee, so that Wells Fargo should have the original Note and the Original Mortgage (Or, "Deed of Trust") then to Wells Fargo, the present lender.
3. As the beneficiary of the trust, and the beneficial owner of the property being foreclosed on, you have a right to ask to see the original Note and the original Mortgage because in order to have a legal foreclosure, the foreclosing Mortgagee must be in possession of both the Note and Mortgage. One is not sufficient to foreclose without the other. It will not cost you anything additional to rate my service. so please be kind enough to rate my service to you as Excellent Service so that I can receive credit for Answering your questions, otherwise I do not receive credit or payment for assisting you. Thank you for understanding,
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