The language that you signed up for is to promise to pay XYZ, “or their assigns, or successors”.
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YES and the notes were sold (read as “Paid in Full”) to Wall Street who then consolidated the income streams to make a security (the mortgages no longer exist at this point).
When no “ASSIGNS or SUCCESSORS” are able to be proven as the note was paid/destroyed and no assignments , assumptions or sales EVER took place and are not documented and nobody can show with a simple receipt that a sale took place ... To whom do you make your payments? Whoever it is CAN NEVER GIVE YOU A “SATISFACTION” in return when you make that last payment ...
but the transfers were never recorded as required by law. the note and mortage are two seperate documents. The motgage is just what ties the note to the land.
if banks actually followed the recording law the amound of doc stamp revenue would be enormous.
...................To whom do you make your payments? Whoever it is CAN NEVER GIVE YOU A “SATISFACTION” in return when you make that last payment ..............
Maybe I’m a simpleton! But, if you can show cancelled checks, or drafts, that you have paid your mortgage debt to a holder of record on time and in the proper amounts, you countersue the current foreclosure agent showing him that you are paid up to date, and then let the note parties work it out amongst themselves.
I believe that everyone that has been foreclosed upon during the past decade fiasco knows that they have either paid their obligation, or have not paid. No pay, no excuses!
WAMU declared me in default, and was going to foreclose, and a few nasty letters between the CEO’s office and myself, along with copies of my cancelled checks finally cleared up their problem after four months of go around.
Then, the next month they made another posting error, and they started off the bullshit once again.