What can I do if I’m getting very unfair dealings with the current company in a predatory mortgage loan? 3 Answers as of March 13, 2014

13 yrs ago I bought my house with a mortgage from New Century MTG. Now out of business, the loan was sold and re- sold on the stock market after being securitized into a trust. Recently, I got a notice in the mail inviting me to become part of a pending lawsuit challenging the current mortgage company to prove ownership. This usually is impossible, with no documentation the servicer cannot collect or foreclose. This goes before a judge and mortgage is cancelled. According to this notification I would maintain ownership of the house. Is this a scam or something I should consider doing? My loan is currently with a company that has been very unfair in their dealings with me. They refused my payments for no reason at all then tried to foreclose. I managed to avoid the foreclosure but it cost a lot of money to do so. Once finished with that, they tried it again. I now have to send in the payment, and then make sure it was accepted. I would love to be rid of this company. Any advice would be appreciated.

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Law Offices of Linda Rose Fessler | Linda Fessler
First of all, if you are in California, it is important that you know that California is a non- judicial foreclosure state. This means that most foreclosures do not go through court and therefore they are not required to produce the note. When I file a lawsuit in your circumstances, I allege the lack of a note, but I also set forth other causes of action, because I know that that argument has not been working in California. In judicial foreclosure states it has been working.
Answer Applies to: California
Replied: 3/13/2014
Stacy Joel Safion, Esq.
Stacy Joel Safion, Esq. | Stacy Joel Safion
There is no such thing as a "free house."
Answer Applies to: California
Replied: 3/13/2014
Meister & McCracken Law Firm, PLLC | Joanne M. McCracken
I would do some investigation into the authenticity of the law firm that is handling the suit. This type of action is not uncommon and some have been successful. If you still feel uncomfortable, it would be worth the fee to have a local attorney check into this for you. They usually have access to the court websites and can investigate the status of the case.
Answer Applies to: Arkansas
Replied: 3/13/2014
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