2011-12-20ml-implode.com

"Chances are Fannie or Freddie "own your mortgage." If you are in litigation, you should follow up with targeted discovery requests to the servicer confirming the servicer does not "own" your mortgage. Moreover, you should inquire and demand any records showing Freddie or Fannie assigned the mortgage to the servicer. Servicers will point to Freddie or Fannie servicing guidelines which basically provide that the servicer forecloses in its (the servicer's) own name. Given a mortgage is an interest in land and the requirement under the statute of frauds that such contracts be in writing, the servicer's standing to foreclose can be challenged absent some proof that the mortgage was specifically assigned by Freddie or Fannie to the servicer. Legally, Freddie and Fannie must assign back the note to the servicer. In fact, Freddie has a specific form 105 to do so."


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