Foreclosure Litigation
Posted: Fri Dec 09, 2011 12:45 pm
Thanks Christine. Master servicer is gone - Washington Mutual Bank.ing rights of Washington Mutual Bank?
Law Office of Catherine Christiansen
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To: cdcbaa@yahoogroups.com
Sent: Friday, December 9, 2011 12:06 PM
Subject: Re: [cdcbaa] Foreclosure Litigation
Catherine,
You definitely want to point out the break in the chain to support any modification negotiations.
Also, if you succeed in obtaining a major modification, then you need to be sure the Master Servicer is a party to that agreement, along with the trustee of the trust.
There is a HAMP Principle Reduction Allowance program that may benefit the parties here where the lender is compensated for entering into the agreement. [just a suggestion]
I hope this helps.
On Fri, Dec 9, 2011 at 10:52 AM, Catherine Christiansen wrote:
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>Need some advice:
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>1. POC filed (in Chapter 11) by US Bank, trustee, successor in interest to BofA by merger of LaSalle as trustee for WAMU 2007-HY6 series
>2. POC does not include necessary documents such as DOT & Note & proof of connection of creditor to originator
>3. POC accounting does not give credit for trial period payments (8/2009 - 1/2010 then loan mod denial)
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>4. PSA does not list clients loan in the list of loan documents
>5. Recorded DOT lists Loan Link Financial as originator and no endorsements on DOT.
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>6. Loan Link Financial who file for Ch 7 BK in Orange County and case was closed 5/19/11
>7. In Loan Link Financial BK relief was granted to National City Bank NA for all of the assets.
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>8. Recorded Assign DOT by Deborah Brignac of MERS to BofA ,
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>9. No other assignment recorded
>10. Deborah Brignac of Reconveyance Co signed the NTS on 1/41/11.>11. JP Morgan Chase representing they are servicer.
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>In Federal District Court Case there is a Loan Modification Mediation scheduled - clients goal is loan modification, but now there are about 2 years of arrears, client has some savings but I think UPB is 115% above FMV so principal reduction is possible, my concerns are that if modification agreement actually happens without proof the loan is in the 2007-HY6 trust then is that a breach of my duty as attorney?
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>Should I point out all of these irregularities in the documents to opposing counsel before the mediation?
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>Thanks for your thoughts.
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>Law Office of Catherine Christiansen
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Christine A. Wilton
Law Office of Christine A. Wilton
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