Who owns the Note?

Who owns our Note was a bit irrelevant until 2009 when we tried to get refinancing or modification of our mortgage. By this time Bank of America (BAC) had bought out the corrupt floundering carcass of Countrywide and assumed the servicing of our mortgage.

"In hundreds of thousands of cases," wrote Gandel, "the promissory note that proves a bank owns a borrower mortgage is now gone. Vanished." Foreclosure and Legal Actions. Ask the representative for the name of the company that owns your mortgage. The representative may tell you that the same company who services your loan owns it as well.

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The only person or entity that can displace you from your house is the entity that actually owns the mortgage and holds the note to prove it. What did the holder of the note do with that document? Not so long ago it was put in a vault or a file, so that if the homeowner fell behind in payments, the owner of the note was able to locate the document that proved ownership of the debt.

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A Post-it Note (or sticky note) is a small piece of paper with a re-adherable strip of glue on its back, made for temporarily attaching notes to documents and other surfaces.A low-tack pressure-sensitive adhesive allows the notes to be easily attached, removed and even re-posted elsewhere without leaving residue.

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If you co-sign a mortgage and are listed on the property title, you can bring a partition action to have the property divided between owners. If the property is owned by two people, then one will receive the title and the other will receive an equity interest in the property. That equity value is the market value of their percentage of ownership in the property minus any liens.

Who Owns the Note?: A Securitization Primer Tara Twomey, Of Counsel, National Consumer Law Center Lauren Mahoney National consumer law center january 22, 2015 This webinar is made possible by the Arizona Attorney General’s Office with funding from the National Mortgage Settlement.