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RealEstateAnswer
RealEstateAnswer, Lawyer
Category: Real Estate Law
Satisfied Customers: 28057
Experience:  10+ years in handling Leases, Landlord-Tenant, Foreclosures,Mortgages, and Eviction cases
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Can a judge rule on who owns a mortgage?

Customer Question

Can a judge rule on who owns a mortgage?
Submitted: 2 years ago.
Category: Real Estate Law
Expert:  RealEstateAnswer replied 2 years ago.
Good morning. Is there a note? If so, is there a blank indorsement or is it specifically written to a party? Just trying to get an idea of where the discrepancy comes in?
Customer: replied 2 years ago.
the mortgage holder reassigned the mortgage using an attorney, then it was reassigned a second time to another company by her. its truly complicated. we are now in the medition stage of foreclosure and if the mortgage holder is unclear why would I settle?
Expert:  RealEstateAnswer replied 2 years ago.
So just to be clear, you are the defendant and the bank is foreclosing on you?
Customer: replied 2 years ago.
yes to I'm the defendant, no it is a private morgage
Customer: replied 2 years ago.
can you answer my first question please
Expert:  RealEstateAnswer replied 2 years ago.
If you are being foreclosed on and there is an issue with who is the owner and holder of the note and mortgage, then you may have a legal defense to raise and the plaintiff would have a problem establishing standing. In order to foreclose, they are going to need to show that they have a legal right to foreclose on you and if they can not do that, then the Judge will find in your favor. The Judge is not going to to decide who owns the note and mortgage but if you raise that the plaintiff who has filed is not the owner and holder, then they will not be able to proceed. If someone else is making a claim, they can bring suit to claim and show they own the note and have a right to foreclose on it. If you do not think the plaintiff is the owner of it, then you would not want to settle, unless you think it is in your best interest do to so and know you can show a break in the chain of title.
Customer: replied 2 years ago.
then there is no reason to continue.... my attorney says we need to continue but I think its wrong until a clear owner is established
Expert:  RealEstateAnswer replied 2 years ago.
Yes and No. The Judge will rule on if the private lender has a legal right to foreclose on you. However, if they do not, the Judge is not going to find out who does, unless another party were to come forward and make claim to being the owner and holder of the note and mortgage.
Customer: replied 2 years ago.
ok thank you
Expert:  RealEstateAnswer replied 2 years ago.
You are welcome. Please let me know if there is anything else, as I would be happy to respond. If not, please remember to rate my help at this time, prior to leaving, so I can receive the proper credit, for our time together. Thank you.
Customer: replied 2 years ago.
its a simply case of poor lawyering on the plaintiffs side. and I see no resolve in the way we are going
Expert:  RealEstateAnswer replied 2 years ago.
Then you do not have to settle and can proceed to trial and raise your defenses and place the burden on them, that they have standing and can foreclose.
Customer: replied 2 years ago.
yes, we have counter sued and like I said moving into mediation but if the path is unclear to the true holder then the plaintiff would simple refile and more time... I need to buy my mortgage back now.
Customer: replied 2 years ago.
you would have to see the documents of reassignment, they are very poorly done by the other attourny
Customer: replied 2 years ago.
thank you, I'm gone
Expert:  RealEstateAnswer replied 2 years ago.
You are welcome. Please just remember to rate my help at this time.
Expert:  RealEstateAnswer replied 2 years ago.
I just wanted to follow up and see if you had any other questions or needed me to clarify something. I am here to help, so please let me know. Thanks!