What I'll share with you is somthing that you must do under any circumstances. Find out who the lender really is. Chances are its not the party you have been talking. Create a carefully prepared â€œQualified Written Requestâ€ (QWR). The law protecting homeowners against questionable fees, entries, documentation and a â€œlife of loan historyâ€ (all fees and payments ever made on your mortgage) from your lender. for example --
A lack of Joinder is proven from the demand for sufficeint notices --
12 usc section 2605servicing of mortgage loansand administration of escrow accounts
TITLE 12--BANKS AND BANKING
CHAPTER 27--REAL ESTATE SETTLEMENT PROCEDURES
Sec. 2605. Servicing of mortgage loans and administration of escrow accounts
(a) Disclosure to applicant relating to assignment, sale, or transfer of loan servicing each person who makes a federally related mortgage loan shall disclose to each person who applies for the loan, at the time of application for the loan, whether the servicing of the loan may be assigned, sold, or transferred to any other person at any time while the loan is outstanding.
(b) Notice by transferor of loan servicing at time of transfer
(1) Notice requirement
Each servicer of any federally related mortgage loan shall notify the borrower in writing of any assignment, sale, or transfer of the servicing of the loan to any other person.
(2) Time of notice (A) In general
Except as provided under subparagraphs (B) and (C), the notice required under paragraph (1) shall be made to the borrower not less than 15 days before the effective date of transfer of the servicing of the mortgage loan (with respect to which such notice is made).
G) A statement that the assignment, sale, or transfer of the servicing of the mortgage loan does not affect any term or condition of the security instruments other than terms directly related to the servicing of such loan.
(c) Notice by transferee of loan servicing at time of transfer
(1) Notice requirement
Each transferee servicer to whom the servicing of any federally related mortgage loan is assigned, sold, or transferred shall notify the borrower of any changes impacting the loan. There needs to be a proper exit and release here and that allows you to follow the rules and see to it the lender does the same. It protects you and also may turn up any illgitimate attempts by parties lacking Joinder and seeking to claim unlawfully the property in a forecosure.
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