How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Damien Bosco Your Own Question
Damien Bosco
Damien Bosco, Attorney
Category: Real Estate Law
Satisfied Customers: 2341
Experience:  Helping you with your legal questions.
68302747
Type Your Real Estate Law Question Here...
Damien Bosco is online now
A new question is answered every 9 seconds

This is a little like something from a blog. The document: A

Customer Question

This is a little like something from a blog.The document: A mortgage company executive, moonlighting as an assistant secretary at MERS, assigned my deed of trust to the company he works for last fall. Problem: six years before that, one of his coworkers had already done nearly the same thing. The difference was that her assignment of deed of trust included mention of the note.In 2015, why didn't it come to anyone's attention that the deed and the note had been assigned and conveyed 6 years ago? That is, in what scenarios can the signing authority not know that the deed was assigned 5 years earlier? Did it not record?
Submitted: 3 months ago.
Category: Real Estate Law
Expert:  Damien Bosco replied 3 months ago.

Hello. My name is***** am an attorney. I am here to help you with your question. I will review it. And then we can discuss it. Sound good?

Customer: replied 3 months ago.
Here's the document I forgot to attach. I'll find and upload. the 2010 one, too.
Expert:  Damien Bosco replied 3 months ago.

Is your question really about recording the deeds? If the deed was assigned twice, there should be a record of it.

Customer: replied 3 months ago.
it is about recording deeds. How could the mortgage servicer, which claims to be the lender, get an employee to "assign the deed" to themselves in 2015, and submit the assignment to the court in a bankruptcy case, without bothering to see if it had already been done? It sounds like they just pulled out a piece of paper, wrote on it, and sent it to the bankruptcy court, without reference to any other documents. Someone has to get the "valuable consideration" and allow the deed to be taken out of their name, right? So why didn't MERS say, "No need for this one, guys. The deed was assigned to you in 2010."?
Customer: replied 3 months ago.
This is part of the 2010 version.
Expert:  Damien Bosco replied 3 months ago.

Hello. I cannot argue against you. I don't know what more to say. You said it all.

Customer: replied 3 months ago.
Well, I am not arguing. I just want to know if the bankruptcy court should know about it. That wold not be for my benefit. It would be to a judge could tell the mortgage company a little bit about how property records normally work. Maybe fine them or something.
Customer: replied 3 months ago.
Fixing typos. "01 September 2016 05:42
Well, I am not arguing. I just want to know if the bankruptcy court should know about it. That would not be for my benefit. It would be so a judge could tell the mortgage company a little bit about how property records normally work. Maybe fine them or something."If you would like to release this question back into the pool, it's okay by me.
Expert:  Damien Bosco replied 3 months ago.

If there is an incorrect document submitted to the bankruptcy court, then certainly it should be corrected or the court should be notified. I can open this question up to to other experts if you want.

Customer: replied 3 months ago.
No need to open it up, butt thank you for offering.I don't seem to have a mechanism for bringing it up. My attorney's mentor/boss at the firm was was angry that I brought it up privately. He sees the universe of the nearly-foreclosed-upon as divided into two groups.There are the sensible, compliant debtors, contrasted with the "free-housers," who believe that any flaw in the chain of title means they don't have to pay the loan). I'm actually of a third camp, which is the "let's follow the law" camp. For what it's worth, the creditor in question is no longer servicing the loan, as of today. Also fwiw, they were unimpaired and fully secured.Is there a way for the debtor to communicate a concern that their lawyer has advised them to ignore, pre- or post-confirmation, either to the US Trustee or the judge?
Expert:  Damien Bosco replied 3 months ago.

The relationship between the debtor and the debtor's lawyer is confidential. If the debtor discloses conversations with the lawyer, the debtor will lose that attorney client privilege. Therefore, if the debtor is unhappy with the lawyer, the debtor can retain a new lawyer. Do you understand?

Customer: replied 3 months ago.
thanks. I didn't know about that consequence, for debtors, of disclosing conversations with the debtor's lawyer. I think I should re-word the question, though.
I originally asked this:
"Is there a way for the debtor to communicate a concern that their lawyer has advised them to ignore, pre- or post-confirmation, either to the US Trustee or the judge?"To be 100% clear, I should have written this:
Is there a way for the debtor to communicate a concern about a creditor's behavior directly to the US Trustee or the judge?This could arise when the debtor believes a creditor has acted illegally, and his or her attorney disagrees. In that case, is there a way the debtor may report the illegal behavior to the judge or Trustee, or must he or she replace his or her attorney with a new one that will make the desired report?
Expert:  Damien Bosco replied 3 months ago.

The only way to communicate with the court or judge regarding a matter pertaining to a case is through a motion or petition. Sometimes a request for a conference with a court attorney can be done by letter, cc-ing all parties. These procedure are performed by the attorney when a party is represented.

Related Real Estate Law Questions