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WiseOwl58, Lawyer
Category: Real Estate Law
Satisfied Customers: 3599
Experience:  Experienced real estate lawyer and real estate broker.
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I bought house in 2004 and loan was in my name. lender was

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I bought house in 2004 and loan was in my name. lender was Sun trust . sun trust made a mistake and my mortgage went 4300.00 per month to 8900.00 a month. Sun trust won't take payment unless I pay them full $8900.oo a month. They ruined my credit and I threatened to sue them. next thing I knew they stop taking money from my acct. MCI capital send me a letter that they bought my loan and started foreclosure on my home. case was dismissed because they were not able to provide Cooperate assignment of deed case was dismissed without prejudice. after case got dismissed I quit claim the house In Jan 2013 and transfer to LLC name which has two members. Now the lender who claimed to be my new lender filed a cooperate assignment of deed which is back dated since they used the address which belong to doctors office in june 2011. My question is that they filled new foreclosure and has only names me as a defendant . can they go forward with foreclosure without naming the llc as a co defendant.....
No, they cannot go forward without naming the LLC that is the party on title to the house. If they did not name the LLC, then they cannot get a foreclosure. The party on title has to be named on the foreclosure, otherwise the bank cannot record a new title taking the house away.

I would suggest that you go into court with a copy of the official county recorder and show the judge that the bank has not named the proper parties in the foreclosure action.

Good luck to you. I wish you all the best.
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