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Attyadvisor, Attorney
Category: Real Estate Law
Satisfied Customers: 5532
Experience:  28 years of experience in general practice, real estate law and estate law.
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To Leslieesq. Extension of my previous question. Does it matter

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To Leslieesq. Extension of my previous question. Does it matter than the loan servicer is different right now. The previous servicer had filed the foreclosure and now there is a new one. Also, I do not even think neither hold the note.
Hello and thank you for your question.

The prior server can initiate the action and as long as the new lender received a proper assignment they can continue the action. It does matter that neither hold the note.

It sounds like you may be in a MERS situation. A forensic audit of your title and loan documents may in order to establish that neither has standing to bring the foreclosure.
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Thank you.

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