Consider carefully the following nugget:
The mortgage loan originator, seller, or servicer; any service bureau; or
any other party providing services in connection with servicing a mortgage
loan for, or delivering a mortgage loan to, Fannie Mae will have no right
to possession of these documents and records except under the conditions
specified by Fannie Mae.
Any of these documents and records in possession of the mortgage loan
originator, seller, or servicer, any service bureau, or any other party
providing services in connection with selling a mortgage loan to, or
servicing a mortgage loan for, Fannie Mae are retained in a custodial
Now, when, “The Bank” comes into court asserting the right to throw a homeowner into the street, the real question is…..
WHO IS DIRECTING “THE BANK” TO DO SO…AND…IS THERE ANY PROOF OF THIS?
Well, I asked our courts to consider this, to provide some direction, but they declined to do so. Apparently such minor little details have no place in a court of law. After all, isn’t possession of the note enough? (Ignoring for a moment the fact that even if in possession, such possession is limited by the terms of the contract….