Foreclosed under MERS, please help. Already had sheriff sale...

[rabideausheena]

Hi my family has been hit really hard this year it is a very long story please help!! my name is Sheena

My question is pretty long….
Our mortgage went through three differant banks franklin, concord, and then wells fargo. Well, we went into foreclosure and just gave up didn\’t fight..Our house sold at a sheriff sale for way more than the amount we paid. It sould to HUD housing I believe and for the amount of $72,811.93 When we paid only $58,686.00 back in 2006..??!! So, it seems weird taht it sold for that amount of money to HUD? So, then exactly one day before court for the eviction I find out about MERS. I went down to the deeds office in hastings mi and pulled our papers and our home is a mers case…Found an attorney that went to court with us for free and asked Trott and Trotts attorney to provide the legal note/deed by the end of the day. Well, I called the attorney and he said he gave Trott till the next day…So I called the next day, and he basically told me to take the money and run and move…? Then, I read more about mers as there was a cover story on our towns paper the next day…SO, I called the deeds office and both ladies myself and the state is now totally confused…The attorney that help us seems bothered by the whole deal now I really dont think he wants to bother with it as it is so new and such a biggie…
wells fargo did offer us cash for keys in the amount of $1400.00 but they will not release the money till May 16th when they inspect to make sure we are completly out of our home.
So, is there any hope?
I have been in the process of claiming social security disability due to numerous issues one of which is called Mixed connective Tissue disease its like Lupus and RA. Anyway, its been 2 years on my own and 9 months with an attorney trying to win my case. My case is now in between Battle Creek and Lansing to be reviewed for the Administrative Judge. So, I am hopeing that this will all go through so we dont have to live with family or worst on the streets. Moving is going to be very tough on us because of my illness and money and as good as $1400.00 sounds we would almost rather stay here so we dont have to keep living in fear and we have 2 weeks to move if we settle with wells fargo and not push this mers. I really dont knwo what to do???!!!!
We could not make the house payments due to my illness. I am no longer able to work and keeping up with my medical issues. I have to keep up with doctors and medications so I am feeling descent enough to give my all to my daughter and husband, is all I am able to do. This is very hard times for my family and if MERS isnt allowed to foreclose on our home than that would be good for us. And, buy us some time to possibly be able to afford our payments or find a rental…At this time our finances are so tight and DHS is only able to help so much.
As if this isnt bad enough, our michigan taxes are being garnished for over $1,000.00 and our taxes are to help us with rent if we do have to move out.

Oh, I also read that this MERS is being investigated by the FBI, is that true?
I am really in need of finding someone that can really help me!!
Any advice you can give to me would be greatly appreciated. Thank you
Thanks,
Sheena

Hi Sheena,

First off, I am not a lawyer. I want to pass on information that aired on Channel 7 News Detroit last Wed.?
Here is the link with the video. The reporter says All Homeowners who have MERS are to see a Judge ASAP to get these Foreclosures Reversed and All Evictions must be Canceled. There is an Emergency Seminar (Free) that is set up Tomorrow, May 2nd at 5920 Second Avenue, Detroit, MI It Starts at 6pm.

This is all in response to the Michigan Supreme Court findings against any foreclosures having to do with MERS. (April 21, 2011) My understanding is that MERS did not/could not assign both the Title to your home AND the Loan...they could only assign the loan. This means the legal title (Deed) remained and remains in your name and your obligation is now an UNSECURED debt. This means IF you owe money they CANNOT take your home. If in fact the Trustees are legal owners they personally have to sue you, I think, but none-the-less, a NEW Foreclosure if ever brought again will have to be done judiciously. In front of a Judge, not by Advertisement...(No signs slapped on your door)

I just want to send this info to you and the lawyer who was on the news is Jerry Goldberg. I think he will be informing people exactly what they have to do to stop your foreclosure and eviction.

Hope this helps. There was another news story breaking this news on the Grand Rapids, MI news. Google it too....Good Luck. P.S...Can we Please get some Foreclosure Lawyers for the HOMEOWNERS to show up in Michigan and Help us File? This Supreme Court Ruling echos Mass., New York, All from the Board of Governors revue and their sending their Cease and Desist Order to MERS. (2 weeks ago) Sheena, I think your house is worth more than $1,400....just sayin'

[krissyheinz]

I think you should consult a Foreclosure Lawyer immediately so that your concerns are legally acknowledged. Best regards.

[Friend In Court]

The biggest hurdle recovering the home is that it is has been sold. If it were a MERS transaction odds are that the lender or HUD does not have the note and mortgage and therefore cannot prove they own the loan.

Further, the NY Attorney General has sued B of A over all their MERS transactions claiming they did not comply with NY Trust and securities law the way they were made. Not that B of A's MERS transactions were any different than all the other lenders--just that they are the biggest of the banks.

If your lawyer intends to challenge the MERS transaction, there are two cases already won on the illegality of the way MERS transferred property., One in Kansas and the other in Alabama. The Alabama case is La Salle. I will supplement with the cite later. But it seems if he takes on the process MERS used as violative of NY Trust and Securities statutes, you have a leg up on defeating the lender and keeping your home. I am not an attorney, but a paralegal who has been following these cases and others since I am working as a consumer advocate with homeowners like you similarly cheated and run over by the big banks. Wells Fargo is under investigation by all 50 states' attorneys generals for its practices making home loans and was recently fined $85 million by the FDIC for its predatory practices the past nine years.

[Friend In Court]

Was the house judicially foreclosed? Or non judicially? That is important regarding stopping the sale. Please email me up right away for we may be able to help.

[krissyheinz]

Originally Posted by Friend In Court Was the house judicially foreclosed? Or non judicially? That is important regarding stopping the sale. Please email me up right away for we may be able to help.

This is a big amount of money isn't it?

[MillieGilbert]

You should consult a Lawyer immediately who can help you on this matter.

Originally Posted by rabideausheena Hi my family has been hit really hard this year it is a very long story please help!! my name is Sheena My question is pretty long…. Our mortgage went through three differant banks franklin, concord, and then wells fargo. Well, we went into foreclosure and just gave up didn\’t fight..Our house sold at a sheriff sale for way more than the amount we paid. It sould to HUD housing I believe and for the amount of $72,811.93 When we paid only $58,686.00 back in 2006..??!! So, it seems weird taht it sold for that amount of money to HUD? So, then exactly one day before court for the eviction I find out about MERS. I went down to the deeds office in hastings mi and pulled our papers and our home is a mers case…Found an attorney that went to court with us for free and asked Trott and Trotts attorney to provide the legal note/deed by the end of the day. Well, I called the attorney and he said he gave Trott till the next day…So I called the next day, and he basically told me to take the money and run and move…? Then, I read more about mers as there was a cover story on our towns paper the next day…SO, I called the deeds office and both ladies myself and the state is now totally confused…The attorney that help us seems bothered by the whole deal now I really dont think he wants to bother with it as it is so new and such a biggie… wells fargo did offer us cash for keys in the amount of $1400.00 but they will not release the money till May 16th when they inspect to make sure we are completly out of our home. So, is there any hope? I have been in the process of claiming social security disability due to numerous issues one of which is called Mixed connective Tissue disease its like Lupus and RA. Anyway, its been 2 years on my own and 9 months with an attorney trying to win my case. My case is now in between Battle Creek and Lansing to be reviewed for the Administrative Judge. So, I am hopeing that this will all go through so we dont have to live with family or worst on the streets. Moving is going to be very tough on us because of my illness and money and as good as $1400.00 sounds we would almost rather stay here so we dont have to keep living in fear and we have 2 weeks to move if we settle with wells fargo and not push this mers. I really dont knwo what to do???!!!! We could not make the house payments due to my illness. I am no longer able to work and keeping up with my medical issues. I have to keep up with doctors and medications so I am feeling descent enough to give my all to my daughter and husband, is all I am able to do. This is very hard times for my family and if MERS isnt allowed to foreclose on our home than that would be good for us. And, buy us some time to possibly be able to afford our payments or find a rental…At this time our finances are so tight and DHS is only able to help so much. As if this isnt bad enough, our michigan taxes are being garnished for over $1,000.00 and our taxes are to help us with rent if we do have to move out. Oh, I also read that this MERS is being investigated by the FBI, is that true? I am really in need of finding someone that can really help me!! Any advice you can give to me would be greatly appreciated. Thank you Thanks, Sheena

I just stumbled upon this thread. My suggestion is try calling 866-691-4477 ext 14. thank me later!

[ronniechamberla]

Hi I have a question about the forclouser on my house. the house was forcloused on back in 2007 and I have been living in it since then . I have filed several bankruptcy's to stop the 48hr notices that I keep getting is there anything else that I can do to stay in my house? The origanal loan was a preditory loan with Nova star mortage,it was also under MERS there are alot of other issues in question .The house is in Massachuttes Any information would be greatly appreacted.