lost my house to foreclosure. the foreclosing bank was not my mortgage bank. how

  1. profile image50
    HOWARD DE LANDposted 13 years ago

    lost my house to foreclosure. the foreclosing bank was not my mortgage bank. how could this happen?

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  2. onlinelawyer profile image58
    onlinelawyerposted 13 years ago

    The only way this could happen legally is if the foreclosing bank purchased and assignment of the debt from the mortgage bank.  If there was no assignment of the debt, then presumably the original bank still has a claim and the foreclosing bank has wrongfully taken possession of the property.

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  3. james_foreclosure profile image53
    james_foreclosureposted 13 years ago

    There unfortunately has been an epidemic of these types of situations happening... a bank does not actually "hold" a person's mortgage but they bring forth foreclosure proceedings against you.
    Have you already lost the home? Has the foreclosure sale gone through? If so, it is unfortunately a bit more difficult to challenge after the fact, but I would highly suggest speaking to an attorney, especially one who knows land law. If you can find one that deals with foreclosure cases all the better! (but that is harder to come by)

    If you are still in the middle of the foreclosure process, make sure that you challenge the validity of the foreclosing party. State have specific foreclosure laws which require the party foreclosing to PROVE that they have physical possession of a mortgage note and can enforce it among other requirements. Definitely check your local state laws and procedures.

    Hope that helps!

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