On June 23, 2009, MERS substituted MTC Financial Inc., d.b.a. Trustee Corps, as trustee. (See Id., Ex. B.) Trustee Corps recorded a notice of trustee’s sale (“NOS”) on or about September 15, 2009, indicating that it would sell the Property on October 5, 2009, (see Id., Ex. C), but Plaintiff claims to have never received notice of the NOS, (see id. ¶ 63).
The most obvious potential defect in this foreclosure stems from the fact that Trustee Corps was substituted as trustee after it recorded the NOD, but before it recorded the NOS. In Nevada, the power of sale cannot be exercised until one of two particular entities–the beneficiary or the trustee–or an agent thereof, records the NOD. Nev. Rev. Stat. § 107.080(2)(c). Trustee Corps was not such an entity when it recorded the NOD. Thus, unless Trustee Corps can provide evidence indicating that the beneficiary–Taylor–or the trustee–Equity Title–caused Trustee Corps to file the NOD, it may be liable for wrongful foreclosure.
Further complicating matters, some other unusual events occurred prior to the filing
Many thanks to Foreclosure Fraud Fighter MIKE DILLON!
Couple Fighting Foreclosure Gets Day In Court
Manchester Homeowner Helps Couple Navigate Paperwork
POSTED: 5:41 pm EDT July 13, 2010
SANDWICH, N.H. —
A couple in Sandwich who nearly lost their home to foreclosure is gaining traction in their fight against what they said is fraudulent action by the companies trying to take their home.
In March, a last-minute court order forced a foreclosure auctioneer to drive away on auction day without selling the home of Porter and Angie Moore.
While many foreclosures are a legitimate result of a down economy, lost jobs and homeowners taking on more debt than they can manage, the Moores said that’s not the case for them. They said they may have enough proof that their home shouldn’t be foreclosed to get them their day in court.
The Moores said one problem with the foreclosure proceedings is that it’s unclear who owns their bank note. The confusion has made it difficult to appeal, and they had almost given up before they met Mike Dillon.
Dillon, of Manchester, said he’s no expert in foreclosures, but he’s an angry homeowner in the middle of a 10-year battle to keep a bank from foreclosing on his home. He heard the Moores’ story and gave them some advice on how to fight back.
“I was able to share some information with Porter as far as what was going on with his case, just based on his paperwork, on his assignment of mortgage filed at the Registry of Deeds,” Dillon said.
Recent Comments