Who Owns Your Mortgage and Why Care?

Who owns your mortgage?  What a dumb question – the bank owns my loan and their contact information is at the top of the bill I get each month!  Sorry, wrong answer and one of the many reasons why the Foreclosure Process is so confusing.  Read on and we’ll try to make it less confusing.  Learn About all Your Foreclosure Options to Beat the Bank.

Initially, there’s an important distinction between loan servicing companies (the company that sends your monthly bill) and the company that actually owns your mortgage. Loan servicing companies are hired by the true owners of the loan to handle everything from billing and collecting monthly payments to filing foreclosure lawsuits when needed. What makes things even more complicated is that most loan servicing companies are owned by large banks and financial institutions which means you might get a letter from a division of Chase Bank as the servicing company for a loan owned by IndyMac, Deutsche Bank or others but not Chase!  Is Your Mortgage Underwater?

Although usually owned by banks, these companies only make money if your foreclosure remains active so they generally have little or no incentive to settle your case.  If the case is resolved and the foreclosure process ends, the loan servicing company loses out on the extra fees for handling collection matters on your account which makes finding the real owners even more essential.  Given the huge numbers of mortgages in default, the actual owner of your loan likely has little or no information about your situation until you let them know directly.

Use our Sample Documents and Letters to Explain Your Situation to the Bank.

Once you figure out who services your loan, the next issue is confirming who truly owns your note and mortgage and who has the right to sue you as a result of that ownership.

Learn about the Difference Between Your Note and Mortgage.

The easiest way to find out who owns your note and mortgage is asking the loan servicing company in writing for ownership documentation. Although you’re legally entitled to it, you may need to ask for it several times as they’re often unwilling to provide the information.  If a Foreclosure Lawsuit has already started, make sure the banks produce paperwork confirming that they owned the note and mortgage at the time the lawsuit was filed and don’t just rely on what they’ve said in the lawsuit which may be entirely wrong.  See our discussion on Foreclosure Defenses as well as our Sample Foreclosure Answer for help in getting this information from the bank and why they had to own the mortgage before the lawsuit was ever filed.

Surprisingly to many homeowners the current owner of your mortgage is almost never the original lender from your initial loan closing or the lender from your mortgage refinancing or home equity line of credit. Instead, after your loan closing most if not all of the original lenders sold your loan documents to Fannie Mae, Freddie Mac and others who then resold the mortgages to financial institutions on Wall Street.  See How Mortgage Insurance Can Help Stop Foreclosure.

Bundles of thousands or more of these mortgages were then sold as shares of stock or bond offerings known as mortgage backed securities on the financial markets meaning your loan documents may have been sold several times and the ownership issue is muddled at best. Although many legal scholars disagree as to whether the stock or bond fund owns each underlying mortgage or whether the shareholders each own fractional interests of each mortgage, the prevailing notion is that the trustee for the bond or stock fund is the actual owner and therefore the only party who can legally make ownership decisions regarding your mortgage.  Learn How Strategic Default Works.

What the confusion over who owns your mortgage means is twofold-the first is that figuring out who really owns your loan may be difficult and in some cases impossible. Secondly, ownership issues and who has the right to sue you may be a life saver or more accurately a home saver.  As you’ll see from our discussion of Foreclosure Defenses, the failure to own the note and mortgage at the time the foreclosure lawsuit was filed or not providing the proper documentation to show how they actually became the owners of your mortgage and the right to sue you can result in dismissal of the foreclosure lawsuit and Saving Your Cave.  Read More on How SavetheCave.com Can Help You Stop Foreclosure.

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Ten Ways to Stop Foreclosure and Protect Your Foreclosure Rights

The fear of losing your home is a big deal and an emotion shared by millions of other homeowners so you’re not alone. However don’t let fear control what may be the most important financial decision of your life so try to relax and take the time to learn everything you can about the Foreclosure Process and understanding that you have Ten Different Ways to avoid foreclosure sales.  Once you know that there’s hope for a good outcome you take the fear and emotion out of the picture and make decisions that are best for you and your family.

Learn How to Use SavetheCave.com to Stop Foreclosures.

This post will briefly discuss ten ways to stop foreclosure and methods to stop foreclosure sales. You can also find more in-depth coverage and Sample Foreclosure Documents for each of the Foreclosure Options discussed here by visiting our Foreclosure Options section.

The most frequently discussed foreclosure option is a Short Sale which involves selling your home for less than the amount of your loan after getting bank approval for the sale.  If you try for a short sale to avoid foreclosure it’s also important to know how to avoid Deficiency Judgments and what to include with your request for short sale approval.

Short Sale Cover Letter

Short Sale Financial Hardship Letter

The second foreclosure option is a Loan Modification from the original lender or re-financing from a new lender to lower your overall monthly payments. This option is the primary feature of the recent Nationwide Foreclosure Settlement discussed in a related blog and will be the focus of more advertising and financing options in the next several months because of the agreement.  Results can vary greatly with different lenders so be sure to put together the right information needed to convince the bank that your request is real and that a loan modification is essential to help you avoid foreclosure rather than an easy way to save money you already have.

Loan Modification Cover Letter

Loan Modification Financial Hardship Letter

The third most popular alternative is a Deed in Lieu of Foreclosure which is the quickest and easiest way to stop foreclosure sales and avoid foreclosure lawsuits.  The process simply involves transferring your property to the bank with a document similar to a quitclaim deed but it may not release you from a possible deficiency judgment or income tax consequences so be sure you understand the possible consequences before moving ahead.

Deed in Lieu of Foreclosure Cover Letter

Deed in Lieu of Foreclosure Financial Hardship Letter

A fourth way to stop foreclosure is closely related to the Deed in Lieu of Foreclosure and is called Deed-For-Lease and is becoming more common with Fannie Mae and other lenders.  What this involves is executing a Deed in Lieu of Foreclosure together with a Deed-For-Lease which lets you rent your home from the bank and stay in your current property.  This is a new and exciting foreclosure option that we’ll cover in more detail in future posts but you can get more information now by visiting KnowYourOptions.com which is a site sponsored by Fannie Mae.

The fifth way to stop foreclosure is renting out your home for 2-3 years while temporarily moving to a cheaper location to reduce your expenses and get back on your feet financially.  You can also rent out rooms or any portion of your home but either way the obvious advantage is the ability to save your home and avoid foreclosure completely. Read More on Foreclosure Rentals to Stop Foreclosure.

The sixth foreclosure option is Defending Your Own Foreclosure Lawsuit or hiring a lawyer to help you.  As a result of the numerous  mistakes and fraudulent documents used by banks and loan servicers to support their lawsuits, there are a number of very strong defenses available to help fight foreclosure cases.  Although we recommend hiring a lawyer to handle your case or at least consulting with one for an hour or two to help understand local laws and procedures, you can defend your own foreclosure lawsuit.

Foreclosure Defenses

Sample Foreclosure Answer

Foreclosure Lawsuits

The seventh foreclosure option is filing for bankruptcy protection which results in an automatic stay of all foreclosure actions.  Although its the single most effective way to stop foreclosures and avoid foreclosure sales at the last minute, the stay is temporary and is not a long term solution.  If you feel that bankruptcy may be the best option for you, meet with an experienced bankruptcy attorney in your area and make sure that your first meeting or consultation is free.  Read More About Foreclosure Bankruptcy

The eighth foreclosure option is called “Forbearance”  in which lenders agree to temporarily suspend or reduce monthly payments for a specific period of time if you’re in a situation where the short time off will help resolve your financial crisis.  There are many programs available for veterans and other homeowners with additional information at Fannie Mae’s KnowYourOptions.com and directly from participating lenders.  Forbearance to Stop Foreclosure

Strategic Default is the ninth foreclosure alternative and actually a combination of one or more of the earlier foreclosure options we’ve covered.   Essentially, Strategic Default is the decision to stop making mortgage payments that you can otherwise afford to pay with the goal of reducing the principal balance of the loan, the interest rate or both to more accurately reflect the value of your home in today’s depressed housing market.  With home values down 50% or more in many places it can be a very effective way to improve a dramatically under performing asset and is nothing more than a business decision with no moral implications or obligations whatsoever.  Blame the Banks for the Foreclosure Crisis.

Strategic Default to Stop Foreclosure

Sample Foreclosure Letters

The last option to avoid foreclosure is to Walk Away which for reasons covered in our foreclosure options section has the highest risk of a negative outcome with the least to gain as a result of doing it.  It’s listed last for a reason and don’t even think about doing it until you understand more about the foreclosure process and how much time and how many different options you have.

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Photo by Simon Howden


How Strategic Default Works

How Strategic Default works and what it means are often discussed but rarely understood so let’s make it easy. Strategic Default is a foreclosure alternative where you stop making mortgage payments that you can otherwise afford as part of an overall plan to avoid foreclosure and improve your finances through reduced or eliminated payments.  Read About All of Your Foreclosure Options

There are two options to start the Strategic Default process –  contacting the bank from the start to let them know what you’re planning and why or waiting for the bank to figure it out on their own. Of course if you decide to contact the lender from the start don’t tell them that you’re formally declaring Strategic Default just focus on your financial problems and the remedy you’re hoping for.

Full Discussion of Strategic Default to Stop Foreclosure

There are advantages to each of your timing options with the hope under option one that working with the lender from the start  leads them to actually help you or at least not pursue a Deficiency Judgment. Not exactly Christmas morning. With option two, the benefit of delaying contact with the bank translates to time and money as the longer the Foreclosure Process continues the more money you’ll save on housing costs.

Regardless of when you actually speak with the bank, DON’T BE INTIMIDATED and don’t let anyone question the morality of your decision. Banks have no moral standing whatsoever to question your ethics or integrity because you’re making a decision that’s in your best financial interest, which is what banks do every day. The difference is that your banks’ never ending quest for short term profits has severely damaged the US economy while you’re just trying to keep a roof over your head.  Read About the Nationwide Foreclosure Settlement and Why the Banks Won Big Again.

Because Strategic Default is not a stand alone remedy, use the specific methods outlined in  SaveTheCave.com  on Foreclosure Loan Modification , Short Sales and Deed In Lieu of Foreclosure to compile whats needed to convince your lender to give you what you want. Using letters from our Sample Documents, put together a professional looking package including evidence that your mortgage is underwater and by how much and be sure to send the materials to the actual owner of your loan rather than the loan servicing company who may have no real interest in helping you. Is Your Mortgage Underwater?

If you’re asking for a Foreclosure Loan Modification by having your principal reduced to fair market value, make sure the bank knows that you’re much more likely to make affordable future payments and that eventually your investment will pay off for both sides.  In addition to avoiding the time and expense of foreclosing on your house, the housing market improves overall meaning banks make more loans and we can all get back to enjoying life and family rather than just trying to survive.  Don’t Let Foreclosure Stress Control Your Life

If you want permission for a Short Sale without the risk of a deficiency judgment, let the bank know that your credit score has already taken a hit and you have nothing to lose. Tell them in clear and unambiguous language that if they don’t agree to a short sale, they’ll face a long and expensive Foreclosure Lawsuit with nothing to gain but adding more property to an already bloated real estate portfolio. Banks only want to make money and don’t like holding excess property with ongoing maintenance, tax and insurance costs so use this knowledge to your advantage.

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Florida Foreclosure Crisis

Love the weather but hate the housing market – a familiar refrain for many Floridians as the Florida Foreclosure Crisis has dominated the lives of  homeowners for the past several years.

Florida leads the nation in just about every negative foreclosure category and currently has more than 350,000 active foreclosure cases swamping the courts with a lot more to follow.  Unfortunately the number of foreclosure lawsuits is likely to double and the Florida Foreclosure Crisis worsen by 2014 due to 500,000 seriously delinquent mortgages that are not yet in foreclosure proceedings. Defending Florida Foreclosure Lawsuits.   Incredibly the current number of Florida loans in some stage of the foreclosure process – about 460,000 loans – is more than the total number of mortgages in 22 other states!  Florida Foreclosure Process

Finally, at least one in every four Florida home sale involves a property in foreclosure which means dramatically lower home values exceeding 50% in many counties with no signs of stabilizing anytime soon.  In fact well known housing analyst Jack McCabe, one of the few to predict the housing bust years before it happened, warns that it may take a decade or more for home prices to return to previous highs.

Broward County Foreclosure Help

Palm Beach County Foreclosure Help

Despite the negative outlook overall there’s a few reasons for short term optimism.  One positive sign is that many lenders are increasingly dealing with defaults through Short Sales rather than foreclosure lawsuits in a trend that will hopefully expand.  Recently major lenders Wells Fargo and Chase have actually been offering homeowners thousands of dollars to encourage short sales as banks are finally figuring out that its in their best interests to stabilize the housing market and work with rather than against homeowners to do so.

A second positive development that may help Florida homeowners is an influx of roughly $8 billion dollars in cash for Loan Modifications and other benefits from the Nationwide Foreclosure Settlement.  Although $8 billion dollars barely puts a dent in the $110 billion dollars in underwater Florida mortgages, something is better than nothing and will ultimately lead to more deals with banks and a few less foreclosures.  Is Your Mortgage Underwater?

The combination of funding from the multi-state Settlement and the increased willingness of lenders to push short sales over foreclosures are good signs but won’t fix the long term problem with largely unregulated predatory banks continuing to exploit the financial system.  Blame the Banks – Foreclosure is Not Your Fault

You can read more about the Foreclosure Settlement and why it won’t help in our recent blog and as a result its more important than ever to learn about the Foreclosure Process to take advantage of favorable conditions when and if they happen to give your foreclosure plans the best chance to work for.

Ten Foreclosure Options to Beat the Bank

You can use our Sample Foreclosure Documents to assist in getting your Florida short sale or loan modification approved and we’ve also included Sample Florida Legal Documents to help you defend your own foreclosure lawsuit.  Tips to Get Your Short Sale Approved

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Use SavetheCave.com To Stop Foreclosures

How to use SavetheCave.com to stop foreclosures starts with learning everything you can about the Foreclosure Process.  Once you know what’s actually going on it’s much easier to pick a foreclosure option that works best for you and your family.  Detailed Information on Foreclosure Options

At SavetheCave.com we understand the power of knowledge and as a result have provided extensive materials on a wide range of foreclosure topics to help you survive the foreclosure process.  You’ll learn everything from what to expect and when to tips for living with foreclosure stress and understanding the risks to your physical health and mental well being. The Dangers of Foreclosure Stress

Using the navigation bar at the top of our site you can select a general topic and any of the sub-topics that interest you from the drop-down menu which directs you to a detailed discussion of that topic as well as related links and materials.

Once you’re comfortable with the foreclosure process the next step is deciding which foreclosure option works best for you and then learning how to actually do it.  SavetheCave.com is here to help with this critical stage as well and provides all the information and tools you’ll need to to learn about the Ten Ways to Stop Foreclosure in addition to Unlimited Free Access to all of our Sample Foreclosure Documents and Legal Forms.

  Sample Foreclosure Documents

Our Sample Foreclosure Documents include cover letters to the bank, examples of what to include in your financial hardship letter and sample legal forms to help you get started if you decide to defend your own foreclosure lawsuit. They’re all part of our free membership and commitment to provide you with everything needed to stop foreclosure if at all possible.  Unlike other foreclosure sites there are no costly subscription fees so you can return as often as you like.

Because life goes on during and after foreclosure as well as the importance of maintaining a positive outlook in life, we’ve dedicated a significant portion of our site to topics related to the Dangers of Foreclosure Stress and will continue to provide valuable medical and lifestyle updates to Prevent Foreclosure Stress From Controlling Your Life.

Finally, with our weekly interactive blog we’ll keep you updated on the latest foreclosure trends and news, important legal developments and more ways to Save Your Cave and protect you from foreclosure.  Feel free to comment on any of our posts and share your story with our readers as well as your own tips for surviving the foreclosure crisis.

If you like what you read, tell your friends and relatives about us and let us know what we can do better. Even if you don’t like something, let us know your thoughts and what we can do to improve our site.

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Nationwide Foreclosure Settlement Insults Homeowners and American Values

All your problems are over as a result of the recent Nationwide Foreclosure Settlement.  Not.  Anticipated for months and widely heralded by banks, government officials and many media outlets as a landmark settlement agreement that will help end the foreclosure crisis, the sad reality is that once again the large financial institutions win and homeowners get screwed.  As discussed below, the amount of money involved barely moves the needle past empty and the complete lack of operating rules, enforcement measures or deadlines makes the agreement nothing more than false hopes and empty promises.  Once again the good old middle class American family is at the losing end of a battle with multinational banking interests who have lost touch with people and local communities.

Let’s discuss the specific provisions of the settlement itself.  Initially, the total value of the deal is $25 billion dollars which pales in comparison to the overall size and scope of current underwater mortgages and basically ignores the damage done by banks and servicing companies in causing the mortgage meltdown.  Knowing with complete certainty that they’d be held accountable for their illegal actions at some point, banks simply put the money in reserve long ago and then decided to raise nearly every imaginable banking fee to cover any losses while continuing to increase profits and year end bonuses.

The majority of the money – $17 billion of the $25 billion dollar total – is supposed to fund principal reductions and loan modifications to make monthly payments more affordable.  Right concept but no planning and nowhere near enough funding to make it work.  With roughly 11 million underwater mortgages totaling $700 billion dollars, $17 billion in reduced principal would be just 2.4% of the total percentage of upside down loans and leaves more than 97% of the problem untouched!  Learn More About Underwater Mortgages

What this means for individual homeowners is unclear but can’t be good.  In the best case scenario, one million loans will be reduced by $17,000 (or less) and the remaining ten million homeowners will get nothing.  Given that the average underwater mortgage is $50-60,000 in the hole, even the few homeowners who actually qualify won’t get much help with payments that will only be lower by $200-300/month.  Anything helps but let’s get real.  As gas and food prices continue to go up, any savings in that range are quickly swallowed by increased costs for everything else.  More on Foreclosure Loan Modification

As pathetic as the numbers look, it doesn’t get any better.  Incredibly, there are no rules or operating procedures  to figure out who actually gets help and who gets nothing at all.  Although one million homeowners may get a little relief, ten million others get nothing and guess who decides who gets what?  That’s right, the same bankers who caused the foreclosure crisis and have no interest in helping anyone but themselves will be working together with government bureaucracy to make it all work! Could be worse, we could live in Russia! Blame the Bankers for the Foreclosure Crisis

By the way, who decides if your home is actually underwater and what if the bank disagrees with your online research or a professional appraiser’s findings? Who pays for the appraisal and if there’s a dispute, who pays for a third appraisal and what assurance do you have that the bank will actually accept and agree with your appraiser? None is the only conclusion and you may actually spend a lot of money at the bank’s direction to end up worse off. Ten Ways to Beat the Bank and Stop Foreclosure

In addition to all this good stuff,  there will also be numerous court challenges by  banks and mortgage servicers once the efficient federal government actually writes the rules on how the process is supposed to work.  You didn’t think the banks would agree to part with their money that easily did you?  Factor in the mountain of paperwork that accompanies 11 million new applications for relief and the pathetic history of banks not complying with previous settlement agreements and the whole process seems destined to fall far short of the needs of America at a critical time in our history.

The refusal of the government, wealthy individuals and corporations to help homeowners is despicable and unacceptable but also misses the basic point.  Homeowners are America and Americans, not corporations and banks owned by multinational interests and the rich one-percent. Like any other retail business they’re here to serve us and the weak effort to help the struggling core of America is just another example of how far our country has strayed from its essential values of life, liberty and the pursuit of happiness.  I don’t see the words foreclosure or greed anywhere in the Constitution but pursuing life, liberty and happiness sure seems to be at odds with these concepts.  Don’t Let Foreclosure Stress Control Your Life

The second portion of the settlement funds are somehow supposed to compensate homeowners who were subject to wrongful and often illegal foreclosures by giving these poor folks a whopping $2000 check for their troubles.  Physical and emotional stress, the shame and embarrassment of  losing their homes and the significant costs of moving and establishing a new place to live apparently means nothing more to the banks and politicians than a token payment that’s less than one month’s typical mortgage or rental payment.  Renting Your Home To Avoid Foreclosure

Even more insulting,  to qualify for this measly reward homeowners were literally forced to waive their constitutional right to sue banks for damages and agree to a complete release of civil liability without any input in the process.  Are you kidding me?  Intentional fraud documented in every state in America and a blanket waiver for every one of the perpetrators? Where the heck did they find a “Get Out Of Jail Free” card? Advance to Go for sure, but a remarkable perversion of the justice system and a mockery of the political system that allowed this agreement to pass.

Not only is a $2000 payment insulting and insufficient for everyone involved except the banks, but like the rest of the agreement there are no guidelines to decide who qualifies.  In essence, we have the bankers themselves in charge of deciding if their own illegal actions warrant a $2000 payment but no enforcement measures if they’re wrong or simply ignore you.  Given that 8 million homes have already been subject to foreclosure, helping just 750,000 of those homeowners with barely enough to survive one month is further proof of how worthless the agreement is and how little chance it has in succeeding to end the foreclosure crisis.

Not surprisingly, banks can barely contain their enthusiasm for this part of the deal and you’d be pretty happy too if the total risk for repeatedly lying to courts, willfully  ignoring laws and creating reams of phony and fraudulent documents was just $2000 per loan particularly when closing costs were often 3-5 times that amount.  Don’t think the banks will do this again do ya?

The third prong of the fatally flawed  mortgage settlement and the one that seems to get the most media attention involves banks finally agreeing to a single contact person to work with homeowners.  Thus rather than dealing with a different person for each phone call and letter, banks have agreed to a process already used by nearly every successful company worldwide-namely having someone familiar with you and your account actually handle your account! Who Owns Your Mortgage and Why Care

What’s mind boggling is why this common sense process was not in place from the start and why it took so long and so much pressure to change.  We’re talking about people’s homes and the single most important asset in nearly everyone’s life.  With dollar amounts in the hundreds of thousands and long and often complicated loan documents, we’re not dealing with refunds from Amazon for $24.99.  Unfortunately, now that banks have joined the 21st century even more questions remain than answers.

Are banks planning on hiring thousands of individuals trained in the financial and legal complexities of loan transactions or are they more likely transferring existing staff from one call center to another?  How many of the 11 million files will each individual contact person be assigned to handle and will the decisions be reviewed by supervisors or more fully trained professional lawyers and accountants? With no deadlines or enforcement measures what protections are in place to be sure your file is fully and fairly evaluated?  If you have one point of contact, what do you if the person refuses to return letters or calls in a timely and professional manner?  What to do With Your Second Mortgage in Foreclosure

Its hard to fathom that banks have once again escaped unscathed despite blatant and obvious violations of law that were clearly planned and part of a long term pattern where greed trumps morality, ethics and the law.  How is it that banks repeatedly get away with this when the average citizen and homeowner would be locked up for committing similar acts?

Quite simply, they know they can get away with it and have for as long as our country has existed.  Despite the unmitigated pursuit of profits at all costs, the banks know that the worst case scenario would be yet another government bailout so there’s no risk for them.  Pillage and plunder, make enough money to run small countries then get rewarded when their dirty paws are discovered in the cookie jar.  If you were rewarded for stealing food from your local grocer, what stops you from stealing again and taking more each time?  If you understand why that’s the wrong way to live, you’re way ahead of the bankers and their single minded pursuit of wealth at the expense of the rest of us.

We’ll have much more on the Nationwide Foreclosure Settlement as matters continue to unfold so stay tuned. Meanwhile, spend time reviewing your foreclosure options and the rest of SavetheCave.com  so you’ll be prepared to protect your foreclosure rights and move forward regardless of what happens with the success or failure of the worthless settlement.

How SavetheCave.com Can Help Stop Foreclosure

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