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Do I still have to pay my mortgage if my bank fails?

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Heather MC Donating Member (1000+ posts) Send PM | Profile | Ignore Sun Sep-21-08 06:28 PM
Original message
Do I still have to pay my mortgage if my bank fails?
My Mortgage got sold to a company I know nothing about. So if it should happen to go under
do I have to keep paying my mortgage, and how does that work?
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flvegan Donating Member (1000+ posts) Send PM | Profile | Ignore Sun Sep-21-08 06:30 PM
Response to Original message
1. Yes. n/t
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marlakay Donating Member (1000+ posts) Send PM | Profile | Ignore Sun Sep-21-08 06:32 PM
Response to Original message
2. Years ago I had a company buy out the bank where
my mortgage was, don't remember who with now. But what they did was send me a letter and new booklet of payment coupons, all else amount, interest, payment terms the same.
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Heather MC Donating Member (1000+ posts) Send PM | Profile | Ignore Sun Sep-21-08 06:42 PM
Response to Reply #2
5. So basically my mortgage would just get sold to yet another company
I have heard that as it gets sold around, each company doesn't haven't to up hold the terms of Original company.

I think that's where a lot of people got in trouble.
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Lex Donating Member (1000+ posts) Send PM | Profile | Ignore Sun Sep-21-08 08:11 PM
Response to Reply #5
13. No subsequent lender can change the terms
you agreed to in the original Promissory Note you signed when the mortgage was created.


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Birthday Donating Member (224 posts) Send PM | Profile | Ignore Sun Sep-21-08 06:40 PM
Response to Original message
3. On NPR
the other day, someone asked this same question on one of their money shows. The answer was a resounding YES. Do not fail to meet your mortgage obligations. Then, when another financial institution looks over the loans, so they said, your will be snatched up because of your good record. There may be some differences between your new mortgage and your old one, so read the fine print. Good luck. You are lucky to have a house.
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fascistgroovething Donating Member (11 posts) Send PM | Profile | Ignore Sun Sep-21-08 06:41 PM
Response to Reply #3
4. damnit!!
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Crabby Appleton Donating Member (1000+ posts) Send PM | Profile | Ignore Sun Sep-21-08 06:43 PM
Response to Original message
6. Yes
your mortgage would be sold to another bank.
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AndyTiedye Donating Member (1000+ posts) Send PM | Profile | Ignore Sun Sep-21-08 07:11 PM
Response to Original message
7. Unless They Lose the Paperwork

Lost In The Paperwork? Banks Can’t Prove They Own Homes
Joe Lents hasn’t made a payment on his $1.5 million mortgage since 2002.
That’s when Washington Mutual Inc. first tried to foreclose on his home in Boca Raton, Florida. The Seattle-based lender failed to prove that it owned Lents’s mortgage note and dropped attempts to take his house. Subsequent efforts to foreclose have stalled because no one has produced the paperwork.
“If you’re going to take my house away from me, you better own the note,” said Lents, 63, the former chief executive officer of a now-defunct voice recognition software company.
Judges in at least five states have stopped foreclosure proceedings because the banks that pool mortgages into securities and the companies that collect monthly payments haven’t been able to prove they own the mortgages. The confusion is another headache for U.S. Treasury Secretary Henry Paulson as he revises rules for packaging mortgages into securities.
“I think it’s going to become pretty hairy,” said Josh Rosner, managing director at the New York-based investment research firm Graham Fisher & Co. “Regulators appear to have ignored this, given the size and scope of the problem.”
More than $2.1 trillion, or 19 percent, of outstanding mortgages have been bundled into securities by private banks, according to Inside Mortgage Finance, a Bethesda, Maryland-based industry newsletter. Those loans may be sold several times before they land in a security. Mortgage servicers, who collect monthly payments and distribute them to securities investors, can buy and sell the home loans many times.

http://www.talkbx.com/tag/banks-lose-paperwork-proving-property-ownership/
http://fredfryinternational.blogspot.com/2008/03/requiring-banks-to-produce-paperwork-at.html
http://livinglies.wordpress.com/2008/06/20/foreclosure-defense-lost-mortgage-notes-nobody-knows/
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dkf Donating Member (1000+ posts) Send PM | Profile | Ignore Sun Sep-21-08 08:06 PM
Response to Reply #7
9. Losing the paperwork only works when they are trying to foreclose on you.
By that time you are kinda messed up anyway.
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My Good Babushka Donating Member (966 posts) Send PM | Profile | Ignore Sun Sep-21-08 07:58 PM
Response to Original message
8. Your tax money will bail them out
and you will have to keep making payments.
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AlCzervik Donating Member (1000+ posts) Send PM | Profile | Ignore Sun Sep-21-08 08:08 PM
Response to Original message
10. you bet, i'm sure your mortgage will be farmed out to another company.
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Lex Donating Member (1000+ posts) Send PM | Profile | Ignore Sun Sep-21-08 08:10 PM
Response to Original message
11. Your debt is an asset for them & if they go under, it will be sold to another company
that'll expect your timely payments.

If you don't pay it, you'll be foreclosed on.


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NashVegas Donating Member (1000+ posts) Send PM | Profile | Ignore Sun Sep-21-08 08:11 PM
Response to Original message
12. Get a Lawyer
Edited on Sun Sep-21-08 08:12 PM by Crisco
And challenge your lending institution to produce the note.
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Raven Donating Member (1000+ posts) Send PM | Profile | Ignore Sun Sep-21-08 08:16 PM
Response to Original message
14. I have represented a client who had the same problem...go to your
bank and set up a "mortgage escrow" account. Pay your mortgage payment each month into that account. Eventually they will find you and you need to have put that money aside. Remember, you got money from someone and you are obliged to pay it back.
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ecstatic Donating Member (1000+ posts) Send PM | Profile | Ignore Sun Sep-21-08 08:28 PM
Response to Original message
15. I wish! nt
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