Deutsch National Trust bank filed foreclosure on 02/04/2010. My mortgage company is CMS.On 02/23/2010 assign of mortgage was filed?

Asked by Alias, 32137 Wed Mar 3, 2010

We fell 8 months behind in the mortgage we now have enough money to pay all mortgages plus fee/ late charges.I called Carrington mortgage services who said send the money western union.I was hesitent to do so. I asked if my home was in foreclosure and he replied yes since December 2009. We also could not agree on the amounts due.So I went to the county clerks office website and querried.On there I found the foreclosure filing as well as the assigment of mortgage. The assigment of mortgage was filed by original mortgage company(Century who folded?) for 1 dollar after the foreclosure papers were filed? I contacted a lawyer who said not to pay western union call CMS (Carrington Mortgage Services) back and request a paper stating terms of amount due when and pay by certified chk. I was also told to contact the filing attorney for Deutsch bank & the bank. CMS rep said I was being demanding (requesting some thing in writing) ?What is going on here and how do I contact Deutsch?

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Kmbrennan, , Florida
Thu Jun 9, 2011
Alias,
If you are working with an attorney, folllow the advice you are paying to get. That being said - if you have the funds to catch up the mortgage, and are actively trying to pay- this should be an easy straight forward process for your attorney to set up. That is what you are paying them to do.
Once a loan is set for foreclosure, it is assigned to an attorney in the state where the property resides. The attorney's office does not get paid for the files that are transfered back to the bank to be caught up, only those that are couriered through the foreclosure process. So they have a vested interest in keeping you at bay while concluding the foreclosure - dont be mad at them , thats their job. Your attorney's job is to work on your behalf and stop the forclosure.
This is not easy for a small legal firm but not exactly rocket science either. If you feel your attorney is not getting the job done. Feel free to contact me. I am not a real estate attorney, but have worked with several over the years and can recomend a few who are experianced in dealing with foreclosures and have a track record of getting progress and resolutions quickly.
Hope everything works out.
Keven
0 votes
Chaz, , Florida
Thu Jun 9, 2011
Do not pay anything to CMS. They are Lenders Servicers and they do not own your mortgage.
Deutsch Bank does not either. New Century declared Bankruptcy and never assigned your
mortgage to anyone. Who really owns your mortgage and your promissary note? That is
what you should be working on NOW. I would be willing to bet no one will ever be able to
prove ownership and you could live in your home for many more months during the
investigation. Yes, you do owe the money your borrowed; however, the REAL OWNER OF
YOUR MORTGAGE AND NOTE NEED TO BE THE ONES TO FORECLOSE ON YOU !!
FIGHT FOR YOUR RIGHTS....
CHAZ
0 votes
Terry Hooker, Agent, Palm Coast, FL
Mon Mar 21, 2011
It sounds like you should listen to the attorney. Don't give any weight to the comments made by the bank. If I were you I'd ask to speak to his or her supervisor. Being demanding, as they put it, Makes you smart. Protect yourself and make sure you pay the right company. There are too many unlawful things happening out there. Also maybe check out http://www.flaglerpa.com and see if you are still showing there as the owner. Remember just because you are tyalking to a representative from the bank that claims they own your mortgage doesn't mean they done have to prove that to you. Once again protect yourself. Don't assume anything. Good luck and if you'd like to talk more I'd be glad to help you at no obligation anytime. 386-503-0853
Thanks for the question.
0 votes
Kmbrennan, , Florida
Wed Apr 28, 2010
Alias,
If you are in contact with an attorney and he comes recomended and is knowledgeble about real estate and contractaul law - follow his advice and instrction. That is what you are paying him for.
Never pay anything without a bill, satisfaction, or a terms and condtions letter in hand - unless your paid legal representative tells you to
0 votes
Mark LeMenag…, Agent, Lake Nona Orlando, FL
Wed Mar 3, 2010
Sorry, strictly questions for lawyers. I see lots of "said" and "told" here. Get everything in writing.
0 votes
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