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Attyadvisor
Attyadvisor, Attorney
Category: Real Estate Law
Satisfied Customers: 3725
Experience:  25 years of experience in general practice, real estate law and estate law.
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Hi, My home is in foreclosure and has been since 2008 with

Resolved Question:

Hi,

My home is in foreclosure and has been since 2008 with IndyMac, which changed names a few times and now IndyMac services division of one west. I am currently in litigation with them and we both have attys involved. However, I called them today to put an insurance claim since I have lender provided insurance. However, they said I am not in the system. They checked through my social, address, loan number that was on my closing docs and they can not find it. They said even if it was transferred out they should still see it and they do not. I am currently in litigation with IndyMac. What does this mean if I am in litigation, but when I called the bank they can not find me. What do I need to do and what does this mean? Could it be possible that it is lost and I can sue for quiet title or etc? How can I check this further? I can not really talk with my attorney. He Is not easy to get along with. Thanks so much
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  Law Pro replied 1 year ago.
Welcome! My goal is to do my very best to understand your situation and to provide a full and complete excellent answer for you.

My name is XXXXX XXXXX I'm going to assist you with your question.

Please bear with me if you believe my answer isn’t coming fast enough because I’m also working with other customers too. I apologize for any seemingly late response.


When you say that it's lender provided homeowner's insurance - you are paying the insurance in your escrow account - correct?
Customer: replied 1 year ago.


Well, it is in foreclosure, so the bank pays it. It is lender placed. When I called it was the actual servicer of the bank (the original IndyMac bank no longer exists). It is now IndyMac mortgage servicer. I spoke to customer service and the claim division. The rep had customer service come on the line and no one found a record of my loan in order to process the claim. They do not have my loan in the computer whatsoever. Like I never existed, made a payment, or had the loan.

Expert:  Law Pro replied 1 year ago.

Usually, once it has been discovered that a mortgaged property is not insured by the mortgagee, coverage must be "placed" in force by the bank.

Most bank mortgage impairment policies allow 90 days to place alternate coverage from the time it is discovered that an insurance policy has lapsed. Forced-placed policies are one way to insure a customer's property when the customer fails to obtain insurance. The amount of coverage is usually the amount of the outstanding loan. Banks can (in most states) charge the premium back to the customer's account.

Are you sure that the lender placed your property in their impairment policy (the forced-placed policy)? If so, how are you sure?

Moreover, what type of claim (for what) are you making against the insurance policy?

Customer: replied 1 year ago.


I am sorry, but I do not think you are understanding my question. This is not an insurance question. It is about the bank not finding my loan whatsoever.

Customer: replied 1 year ago.
Relist: Inaccurate answer.
The expert is not understanding my question. I prefer to work with someone else. Thanks
Expert:  Law Pro replied 1 year ago.
OK, yes, I think I was on the wrong assumption of your question. Sorry.

But the fact that they can't find your loan in the system isn't really of that much importance - you are already in litigation with them as to the foreclosure. They might remove mortgages from their general computer system when there is foreclosure litigation ongoing - it's a business procedure that's the way they operate.

Clearly they believe they have the right to foreclose on the property - that's why they initiated the foreclosure.

However, to quiet title - goes way beyond your loan not being in their computer system.

An action to quiet title is a lawsuit brought in a court having jurisdiction over land disputes, in order to establish a party's title to real property against anyone and everyone, and thus "quiet" any challenges or claims to the title.

This legal action is "brought to remove a cloud on the title" so that plaintiff and those in privity with him may forever be free of claims against the property. [Wikipedia]


Given the facts and circumstances you originally stated, only if the mortgage was somehow wrongful or illegal and didn't comply with the law could you possibly file a quiet title action which would probably be revealed in the course of your ongoing litigation with the servicer/lender.

I would contact your attorney and make the insurance claim through them. But that they don't find your mortgage in their computer system could be because of many reasons - the most likely is that because you are in litigation and they don't want their agents or employees to disclose any information about your mortgage loan except through their legal representation - that's most common reason you wouldn't be able to talk to the mortgage company about your mortgage.
Customer: replied 1 year ago.
Relist: Answer quality.
Customer: replied 1 year ago.
Relist: Answer quality.
Would like a 2nd opinion. There was a lot of fraud with this bank and they changed names a few times. It is possible that they lost it while in litigation. Would like someone that knows how I can check if this is true. I do not trust my atty as I feel the bank lost everything and he is being paid by them. When he started my case he was all for me then he changed like night and day. Also, the bank changed attys. They are asking for a second chance saying they made mistakes and asking the court to do everything over. I won two summary judgment previously. There is def some fishy stuff going on. I have another home in foreclosure in litigation and it is still in the system. It makes no sense they would not have a record of me. How can I go about researching this further? I do not trust my lawyer.
Expert:  Law Pro replied 1 year ago.
I will opt out of your question and maybe another expert will be able to explain to you better than I that just because they don't have your records in the computer that doesn't mean that there is a valid and legal mortgage.

Customer: replied 1 year ago.
Relist: Answer quality.
Expert:  Attyadvisor replied 1 year ago.
Welcome and thank you for your question. I will be the professional that will be assisting you.

First, have you checked with the county recorder/clerk to see if they have a lien recorded? if not they may lack standing to bring an action against you.


If they have no proof that they hold your loan a quiet may be in order.
Customer: replied 1 year ago.
I have not checked that. Is that the best thing to do in this situation?
Expert:  Attyadvisor replied 1 year ago.

If they have nothing recorded and no record of your loan that is suspect.

A great deal of loan paper was lost in the shuffle and documents were not properly recorded. It is certainly worth investigating.

 

Has your attorney checked the recordings?

Attyadvisor, Attorney
Category: Real Estate Law
Satisfied Customers: 3725
Experience: 25 years of experience in general practice, real estate law and estate law.
Attyadvisor and 6 other Real Estate Law Specialists are ready to help you
Customer: replied 1 year ago.
He does nothing and I do not trust him. I feel he could be making a deal with the bank. This is why I want to do my own investigation as well as submit my own motions or lawsuits if needed.
Expert:  Attyadvisor replied 1 year ago.
I am sorry to hear that he is not helpful.

Please feel free to ask me any additional that you may have with regard to this matter. It would be my pleasure to assist you.
Customer: replied 1 year ago.
Thank you and I appreciate your help.
Expert:  Attyadvisor replied 1 year ago.
My pleasure. Thank you for using JA!
Customer: replied 1 year ago.


I see online where to get a copy of my deed, but I don't see where I would see if there was a lien. Do you know if that would be on the deed or elsewhere with the clerk?

Expert:  Attyadvisor replied 1 year ago.
I am unaware of any place online to check all recordings. You can ask the county clerk if they have a service that provides the information with a user account. I know as an attorney I can access a great deal of records once I set up an account.

They should have a copy of anything and everything that has ever been recorded for your address.
Customer: replied 1 year ago.
I called them and they said they can send me a deed if I send a request, but not lien info. I need to go there for that and I am currently out of state and won't be back until June. Now I need to figure a way to research this. Do you represent clients in NY in addition to work at JA? Thanks
Expert:  Attyadvisor replied 1 year ago.

 

Unfortunately, the terms of service agreement do not permit the attorneys on the site to represent customers. I am apologize for any inconvenience that may cause for you.
Customer: replied 1 year ago.
I understand. Thank you though
Customer: replied 1 year ago.
Hi Leslie,
If a lender or servicer starts a foreclosure and then sells the loan if it is done properly could the new bank or servicer continue the foreclosure or do they need to start it over again?
Expert:  Attyadvisor replied 1 year ago.
If the ;loan is properly assigned they can continue.
Customer: replied 1 year ago.
If I get the records from the town how can I know it was assigned properly without needing a lawyer to look at it? Thanks so much
Expert:  Attyadvisor replied 1 year ago.
You would either want to have an attorney review the documents. You can also ask the clerk if they can assist.
Customer: replied 1 year ago.
But is there something it should say or is it not so simple as black and white.
Expert:  Attyadvisor replied 1 year ago.
It should be a document that assigns the loan from one company to another, notarized and recorded.

This link provides a sample form assignment of mortgage.

http://www.stewartnewyork.com/legal-forms

I hope that helps.

Attyadvisor, Attorney
Category: Real Estate Law
Satisfied Customers: 3725
Experience: 25 years of experience in general practice, real estate law and estate law.
Attyadvisor and 6 other Real Estate Law Specialists are ready to help you
Customer: replied 1 year ago.
Thank you. I do not see that anywhere in my file. All I see is a document that looks like it is to the clerk. It says please record and send to.... ( then lists their names). This is at least what they sent me. Now need to check the town to see what they have what you showed me. Thanks again
Expert:  Attyadvisor replied 1 year ago.
You are most welcome.
Expert:  Attyadvisor replied 1 year ago.
Thank you very much.

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Attyadvisor
Attyadvisor
Real Estate Lawyer
3725 Satisfied Customers
25 years of experience in general practice, real estate law and estate law.