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Andrea, Esq.
Andrea, Esq., Lawyer
Category: Real Estate Law
Satisfied Customers: 11582
Experience:  I have practiced law for 25 yrs. with an emphasis on real estate, business law, criminal defense and family law.
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I did not know I had a free trail maybe I can get a few extra

Resolved Question:

I did not know I had a free trail maybe I can get a few extra days.

If this is you Andrea hello and I know you are familiar with my case. And you were very right about determining my status cause then everything falls in line. But looking at the time line very closely I think is the best way to form my agreements because then even if I am determined not to be a borrower I may still be able to stop the foreclosure. So that is what I am looking at in the alternative. The UCC holder in due coarse and I have not found anything in the recording statues I thought you might be able to help me. Also as being the one on the deed of trust give me the right to be shown the original note even though it is kind of silly because the real argument and test is in the origination, servicing and secularization of the loan.
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  Attyadvisor replied 1 year ago.

Hello and thank you for your question. Did you want to wait until Andrea is on line? I emailed her to let her know that you requested her services.

Customer: replied 1 year ago.

sure but you are more than welcome and I would appreciate any of your thoughts or ideals

Expert:  Attyadvisor replied 1 year ago.
You are in good hands with Andrea.
Customer: replied 1 year ago.

I know but any ideals or impute is much appreciated

Expert:  Andrea, Esq. replied 1 year ago.

Hello and Welcome to JustAnswer, Thank you for requesting me. The site is experiencing some technical difficulties and I did not receive notification that you had requested me, so please allow me to apologize on behalf of the site. The experts here do not have access to any customer accounts, and, therefore, do not know about any promotions which the site has given, so I am not able to comment on that aspect of your question. Just so that we are in agreement and in fairness to both of us, I will say that if you are using a free trial offer, it will not cost you anything to rate my service to you, and if you do not give a rating, I cannot receive credit or payment for researching your question and giving you an Answer, are we in agreement on that ? As for reviewing a motion and the responses, I would not be able to do that for the value that has been placed on your question. I also need some additional information; you are stating here that you are on the "Deed of Trust". As I stated in one of my Answers to you in your first question, in California a "Deed of Trust" is another name for a "mortgage".

 

 

Do you really mean that your name is XXXXX XXXXX mortgage ? Or do you mean that your name is XXXXX XXXXX Deed ?

Thank you,

 

 

 

 

Customer: replied 1 year ago.

Trust transfer Deed dated May 12, 2005


Grant Deed

Expert:  Andrea, Esq. replied 1 year ago.

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,

________________________________________________________________

 

 

Please be kind enough to rate "Excellent Service" so that I receive credit

for assisting you,

 

 

Bonus and Positive Feedback on survey is very much appreciated,

 

ANDREA

Andrea, Esq., Lawyer
Category: Real Estate Law
Satisfied Customers: 11582
Experience: I have practiced law for 25 yrs. with an emphasis on real estate, business law, criminal defense and family law.
Andrea, Esq. and 8 other Real Estate Law Specialists are ready to help you

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