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 Attyadvisor Your Own Question
Attyadvisor, Attorney
Category: Real Estate Law
Satisfied Customers: 7071
Experience:  29 years of experience in General Practice, Real Estate Law and Estate Law.
Type Your Real Estate Law Question Here...
Attyadvisor is online now
A new question is answered every 9 seconds

To Leslieesq. Extension of my previous question. Does it matter

This answer was rated:

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.
Attyadvisor and 2 other Real Estate Law Specialists are ready to help you
Thank you.