The modification was allegedly signed and represented to me as US Bank NA Trusteee for ABC Trust , which I come to find out with this Referred For Foreclosure letter that 123 Trust is the “new investor” however, 123Trust allegedly purchased the NPLs of ABC Trust in 2021 , unbeknownst to me and BEFORE the modification was signed in 2022 as US Bank NA Trustee for ABC Trust.It may or may not fall under dual tracking, since you followed the direction of a party that you couldnt possibly know was not the proper party. Either way, you should have all the evidence you need to show the mod and to show your payments in good faith.
The referred for foreclosure letter....did they ever accelerate the balance on the note? Generally, that's a prerequisite to forclosure, though your state may vary. The referred letter may contain the language needed to satisfy whatever your state's laws require. Did they ever accelerate the balance?
I'd check to see if you have any documentation or if there's something in your state that requires that 60 day grace period. If so, you have them on that as well, though that's more likely to be a procedural flaw and not of much more value than that.
Regarding the modification, usually you handle that with the servicer, not the investor. Did you sign paperwork with the investor, or was it with the servicer? If with the servicer, you're fully within your rights to demand their performance on it because the servicer does not always chance when a new investor steps in. But if it was with the investor, then you have a new issue--fraud. The former investor no longer has any authority to make such arrangements like that.
There is no acceleration letter. No NOI Foreclose letter. They did stop the monthly payment on the last statement and put the entire lump sum they say is allegedly owed since February 2023. But never any certified or mail letters or notifications until this Referred For Foreclosure letter and $1500 legal fees on my account as of this week.
I spoke with Servicer today and they insisted that they have strict check & balances to make sure a NOI Foreclose was sent out, as he admitted this would be a serious violation and breech and would be 1 in million of happening. When I called him out on the dates the notifications were sent. He came up empty. And insisted I call the foreclosure attorneys. I told him I refuse to speak with liars and I’m his customer. Silence. 1 in a million I said. 1 in a million.
Seems I may have just won the Debt Collector Servicer Lottery !!