My original mortgage
was originated with First Savings Mortgage in March 2007. Then GMAC started servicing the loan. I don't recall ever seeing paperwork showing that my loan had been sold to GMAC.
However, now, I'm being told by Ocwen that GMAC sold my loan to them as part of the bankruptcy proceedings filed against GMAC's parent company, Residential Capital, LLC.
The only document I have received from the U.S. Bankruptcy Court advises of a deadline for creditors voting on the plan. I have not received any order from the court advising that my payments should go to GMAC or Ocwen.
On the primary Ocwen website that I had been using it shows the service as having been released on 9/2/2013 and showed the loan having a zero balance. When I called to inquire, they directed me to a new site and told me to sign up. I was required to enter my loan number and on the new site it shows a substantial loan balance.
I have my house listed for sale and have an offer on my house. I'm wondering if they really are the legal holder of my mortgage, at this point?
At closing does Ocwen have the legal right to demand a loan payoff and if not, who has the authority to make that demand; would it be First Savings Mortgage, GMAC, OCWEN or me?
How can I find out who has my loan documents; when I look on the new Ocwen website it says that loan documents are unavailable at this time.
How can I find out who has my deed? Is saying "as assigns," sufficient re: transferring a deed and ownership of the mortgage from one company to another?
My friend, is encouraging me to stop making payments. However, I'm concerned it will affect my credit score. She's wondering if it will, given the circumstances
First Savings Mortgage's and GMAC's names used to appear on my statements. When GMAC started bankruptcy proceedings, they said I still needed to continue making payments, so I did. Then I received notice from GMAC saying Ocwen would now be servicing my loan and to make my payments to them, which I have been.