Foreclosures
Market News & Data
General Info
Real Estate Strategies
![](http://bpimg.biggerpockets.com/assets/forums/sponsors/hospitable-deef083b895516ce26951b0ca48cf8f170861d742d4a4cb6cf5d19396b5eaac6.png)
Landlording & Rental Properties
Real Estate Professionals
Financial, Tax, & Legal
![](http://bpimg.biggerpockets.com/assets/forums/sponsors/equity_trust-2bcce80d03411a9e99a3cbcf4201c034562e18a3fc6eecd3fd22ecd5350c3aa5.avif)
![](http://bpimg.biggerpockets.com/assets/forums/sponsors/equity_1031_exchange-96bbcda3f8ad2d724c0ac759709c7e295979badd52e428240d6eaad5c8eff385.avif)
Real Estate Classifieds
Reviews & Feedback
Updated over 7 years ago on . Most recent reply
Is Quiet Title the next alternative?
Long story, but wondering if Quiet Title is reasonable.
WAMU loan 2007 - defaulted 2009
Loan Modification Process since 11/2009 - present. No acceptance or denial.
15+ foreclosure sale dates postponed.
Have requested accounting for 4+ yrs - they can't provide anything prior to 2011 (which is also circumspect)
5/18/17 - demanded detailed accounting 2007 - present through servicer and their foreclosure attorney. Final request was 20 days ago.
They did schedule a foreclosure for September which they just postponed.
Trust (containing my mortgage) stopped reporting in 2008 (only 3 members remaining) prior to WAMU being taken over by FDIC
No record on MERS
No one can tell me who owns the loan.
Where do I go next?
Most Popular Reply
![Ron S.'s profile image](https://bpimg.biggerpockets.com/no_overlay/uploads/social_user/user_avatar/268651/1621437790-avatar-rons5.jpg?twic=v1/output=image/cover=128x128&v=2)
Originally posted by @Account Closed:
That is my point. My name is on the title, but the "servicer" is not able to verify that they have the right to service the loan.
The trust which owned my loan was dissolved and/or no longer reported to the SEC 1/25/2008 prior to their collapse and takeover by FDIC/JP Morgan Chase 9/2008. There is no record of the loan past 1/25/2008 and therefore any assignment after that date is flawed. You cannot assign that which you do not own.
The only assignment was 5/2012 from WAMU/FDIC/JP Morgan Chase, but the loan was not on the books/recorded by the SEC after 1/25/2008. MERS has no record.
My question is, how can I find out what happened to that loan/security deed after 1/2008. Is it just one of the many loans which "went missing"?
If so, is quiet title the best option of pursuit?
I'd wager if they are scheduling a sale, they have enough data to think they have a legal right to go to sale. What does MERS have to do with anything? There is no law that a loan has to have a MIN number. If you really want to know, file a lawsuit with whatever claim it is you think applies. Get into court and challenge Chase. They'll show an assignment or a substitution of trustee. I'm confident of that. Chase was one of the big five subject to the national servicing settlement. They aren't going to foreclose unless they know they are cleared to do so.
The days of "Produce the note" defenses are over. I'm amazed at how much energy, time and money people spend trying to capitalize on a very very very small percentage of loans that got "Lost" thinking they are gonna get a free house. No one in business today is going to foreclose on you unless their paperwork passes the sniff test. We all have to attest that we have the documents needed to foreclose and we have to attest that we have the right to foreclose. There isn't a trustee or attorney left that is going to proceed forward with a foreclosure without that documentation. There isn't a title company left in business that is going to issue a TSG without the requisite paperwork. They are going to confirm we have the loan paperwork. They are going to confirm you are not subject to bankruptcy stay protection. They are going to confirm you are not subject to SCRA protection. They are going to confirm we are foreclosing within the laws and within the timeframes that are subject to both state and federal regulations. I might be dense here but i just can't believe someone is gonna foreclose on you in 2017 by "Forrest Gumping" their way through it.
And finally, no...quiet title isn't going to do anything for you. You'll get laughed out of court, if you ever get into court. If you REALLY have a case that is more substantive than, "Produce the note or you can't foreclose", file a complaint with the CFPB. I would recommend you have more than what you wrote on this board when you present your case.