Tuesday, October 19, 2010

Proof Countrywide Never Assigned Collateral To Bank of America

First, we have a print-out from the Oakland County, Michigan Register of Deeds. This is the authority in this county where all transactions pertaining to real property MUST be recorded. The 1st mortgage on the property was originated by Countrywide. All subsequent transactions were also with Countrywide (with the exception of the quit claim deeds, which were done by the homeowner for the purposes forming an estate trust). There was the original mortgage in 2002, a refinance for a lower interest rate in 2003; then there was a home equity line of credit (HELOC) established at the same time as the refinance; and finally there was a refinance of the HELOC into a 2nd mortgage at a fixed interest rate in 2007. The homeowner never transacted with anyone other than Countrwide. Notice what is glaringly missing: Never is there any conveyance of the security interest to Bank of America by way of assignment from Countrywide. If this ocurred, in order for it to be legal and binding, it would have had to have been recorded at the Oakland County Register of Deeds and would show up clearly on this print-out obtained directly from them. FULL STORY

So, if you are facing foreclosure here in Michigan, your first step is to get a printout from your county Register of Deeds and see if it matches the name of the party who is foreclosing against you. If not, than you need to file an "Injunction" in your circuit court to stop the foreclosure.

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