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Only one little piece of the puzzle & even if the loan lookup tool says Fannie Mae or Freddie Mac “owns” the loan you can bet they don’t. Oh, they show it on their books as an “asset” that is collateral for a mortgage-backed-security, but Fannie Mae / Freddie Mac do not have the Note in their possession & there is no record that the original Lender ever sold, assigned, or otherwise transferred the Note to Fannie Mae / Freddie Mac. And if you read their own documents, such as the Fannie Mae Single Family Selling Guide, you will see that Lenders are instructed to “prepare an assignment in recordable form” but to NOT record it.
Furthermore, Fannie Mae (Freddie Mac) documents show that “Under no circumstances does either Fannie Mae in its corporate capacity or the lender retain control of the loans within the trust. Fannie Mae serves as guarantor and trustee of the trust.” (Not the owner or holder of any of the loans in the trust). “Fannie Mae does not own or have any control over the underlying loans within the mortgage-backed security.”
So no, Fannie Mae / Freddie Mac does not own your mortgage loan, even if the loan lookup tool says they do.
SO IF MINE IS A JUMBO, HOW DO I LOOK UP WHO OWNS THE LOAN, IT IS A PRIVATE LOAN AND NOT ON SEC
Mine is not own by either. Yet, my loan is in RAMP 2005-rs9… It was part of the lawsuit between FHFA and JPM et al. How do I know who really owns mine? The DoT was assigned to the trust 8 years after the cut-off and closing dates. Under New York Law, it is void. To whom was it assigned? BONY Mellon….
Compose a “Qualified Written Request” (QWR) pursuant to 12 U.S.C. § 2605(e)(1)(B) & whatever State statute may also apply (e.g., in NC it’s General Statute § 45-93) & send it to the “servicer”. They have to identify the “holder” or “owner” of the (promissory) Note & provide certain documents / answers to questions in response to a proper QWR within specific time periods set by statute. You can also demand verification of the debt pursuant to 15 U.S.C. § 1692g.
I’ve seen a lot of QWR’s that got nothing because they weren’t written properly & didn’t cite any authority — the servicer either ignored them or responded with a brief note saying we don;t have to give you what you asked for — and they don’t if you don’t cite your authority to ask. In other words, you can’t just make up a list of questions & demand for documents, you have to go by the statutes which specify what you can request/demand & how long the servicer has to respond.
Thank you Art
I did send them a QWR letter but did not get a proper response. They did claim it was propitiatory. I did request verification of the debt. What they sent was a letter back dated a year with no signature and no affidavit. They refuse to do so claiming they were not required to do so.
I am trying to find the status in my state of California to resend the QWR letter.
In my opinion hey are simply Crooks and Criminals.
> I did send them a QWR letter but did not get a proper response. * * * They refuse to do so claiming they were not required to do so. Again, you have to cite your authority — e.g., they have to respond to 12 U.S.C. § 2605, 15 U.S.C. § 1692g, etc., not because you or I said so, because Congress said so & there are statutory penalties for refusing to comply.____________
Date: Tue, 16 Sep 2014 15:17:24 +0000 To: art_njr@outlook.com