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Foreclosure/Transfer not for value

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QUESTION: Party foreclosing on my home loan has no proof of being beneficiary, but says the loan was "transferred" to them. I expect there are no records because supposed original lender was just a sham who put up no funds, never owned the loan, and only serviced it. Thus the transfer back to "beneficiary" involved no money which seems like "not for value." They also admit the supposed transfer involved no endorsement and no assignment. If in  fact that transfer was not for value, would that affect their entitlement to be the "holder" of the note?

ANSWER: Hey Kevin,

What your talking about is very controversial. There are 2 to 3 parties involved in the loan. The first is the borrower. The 2nd is the servicer of the note and the 3rd is the note holder. You can have a servicer change and they don't have to provide a proof of ownership because they don't own it. They are only servicing it. The note holder is different. They have to prove that they own the loan with the correct documents. If the loan is transferred then they need to provide the original docs and most lenders use (MERS) (Mortgage Electronic Registration System) to do this. The party that forecloses does not need to be a beneficiary to foreclose. They just have to be the trustee. You will normally get a letter stating the "substitution of trustee".

I hope this helps. There are a lot of professionals out there that are confused on how this all works, let alone a home owner.

Thanks
Brian

---------- FOLLOW-UP ----------

QUESTION: Thanks very much for your reply. What I am focusing on is the issue of whether or not the transfer to "beneficiary" was for value. MERS is not involved. If the note holder (who hired the trustee) acquired the note without paying any money, then they did not acquire "for value." Does that make a difference in their status as note holder?

Answer
Hey Kevin,

I am not sure that I can answer your question in a sufficient manner. I would advise that you talk to a foreclosure or a real estate attorney because even if you are right, you will need to pay one of them to prove your stance to get anything done about it. Hope that helps.

Thanks
Brian

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Brian Pitcher

Expertise

I can answer all questions in regards to short sales, strategic default, foreclosures, loan modifications, and most questions regarding real estate law.

Experience

I have closed well over 100 short sales in the past 3 years and that is the work we primarily do. We teach people how to keep their home if they can or how to bail on it in the best possible way without any recourse. I have taught many public seminars to accountants, loan mod counselors, attorney's and also many other real estate agents all over the country. I also know how to deal with the very tough second mortgages in the negotiations as well as mechanic liens and default judgements.

Education/Credentials
I have a bachelors in Spanish with a minor in Economics from the University of Utah. I have also been a Realtor for 8 years closing well over 200 transactions. I am a KW instructor for Short Sales and Foreclosures.

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