Q: Mortgage Servicer claims to be Mortgagee of record, but named another party in mortgage foreclosure. Misrepresentation?
Mortgage Servicer submitted a proof of Claim form to the Bankruptcy Court for relief from the automatic stay, claiming to be the mortgagee of record and holding the first security interest in debtors real property.
Once granted, it then proceeded to foreclosure in behalf of another party, who it claims to be the mortgagee of record.
The note and Deed of trust provided no evidence to support the mortgage servicers allegations.
Would this be fraud on the Court?
A: I doubt it is fraud. Frequently mortgages are bundled and then sold as securities. Your "Mortgage Servicer" is just that, mearly a service provider, i.e. agent, of your mortgage company. When and if an actual foreclosure is subsequently filed, the plaintiff would have some weird name long name involving the bundling information. If you are seeking to keep the property, and are truly concerned, have your attorney investigate the matter. If you are proceeding pro se, contact the Creditor and ask.
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