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MERS, Countrywide, Heritage and BOA? Who has rights?

Posted on: 19th Oct, 2009 08:48 am
I bought a house in 2005 with Countrywide dba Heritage Mortgage. I also have a second with them as well.

Now BOA has on their website a copy of the original note. I dont see a transfer from CW to BOA.

The county has a microfich record of my mortgage and deed. MERS is the mortagee of record for CW. There is no transfer to BOA.

BOA is my current loan servicer.

I had heard that MERS does not have authority to forclose. I also heard that if the note and the mortgage get seperated then the note holder is in a bind if the home owner decides not to pay.

Any insight?
After 11 months, BOA offered me a HAMP mod that was only $60 less than original payment. In the "Terms" of that mod,they have a stipulation where by accepting this modification, you agree to not question the original note. Not exact verbage but, it was close to that.
Posted on: 20th Dec, 2010 12:57 pm
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