Q: Are assignments, sales and transfers of Mortgage Notes required to be publicly recorded?
My Mortgage Note has been sold 3 times since my foreclosure and a default judgment was granted to the original Mortgage Note owner. The 3rd assignment/sale has not been publicly recorded. The original bank was granted a Writ of Execution for a Sheriff Sale but they no longer own my Note. The law firm for the original bank isn't returning my calls for a request to stop the upcoming Sheriff Sale scheduled for 1/13/2022. Since the original bank no longer has legal ownership of my Note, they are not entitled to the Writ. The 3rd investor offered a loan modification but they can't show proof of the assignment/sale and they have only provided a Note endorsed in blank. I don't want to negotiate with an investor who can't show proof of legal ownership of my Note but, in the meantime, the Sheriff sale needs to be stopped.
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A: You need to retain an experienced mortgage foreclosure and bankruptcy attorney to examine the documents and your situation that is not possible here. You are not necessarily out of options.
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