Thanks for your call to discuss the problems you are having maintaining payments on your refinanced home. I’m very sorry to hear of your situation, and I certainly wish I had a good suggestion for you; however, you told me that you had already exhausted assistance from the hardest hit funds and that your monthly income is far less than the monthly payment on your loan.

         I want to warn you again about people who prey on those facing foreclosure problems; they offer lurid tales of fighting off banks, but these success stories are always impossible to actually verify. Frankly, except for HUD-approved housing counselors (whom you have worked with at NEDCO in Springfield), my opinion is that people who offer to solve your debt/foreclosure problems in a way that doesn’t involve catching up the payments are shady or worse. So tread carefully, and know that, at the end of the day, if there was a way for ordinary people to keep houses for long without paying the mortgage notes, banks would have their minions in Salem and Washington DC fix that at warp speed. So if someone asks you for money to show you the inside secrets that are supposedly going to help you keep your house without making all the payments, I would call the Oregon Attorney General’s Consumer Protection hotline at 877-877-9392 (especially if they have taken money from you).

         In the meantime, this confirms that you called to consult with me but that you did not hire me, that we have not met, and that I am not your attorney and did not give you any legal advice. If you feel I can be of service to you in the future, I would be pleased to help you after discussing an engagement agreement at that time.

WILLIAM M. ACKER, JR., District Judge.

This case illustrates the shortcomings, even the dangers, of the once mighty global secondary mortgage loan market, with its arcane methods of doing business, conceived by ambitious, super-sophisticated, big-brained, short-sighted financiers and their lawyers, who did not realize that they were creating a Frankenstein for everybody involved except the lawyers. Based on the number of somewhat similar cases pending in various federal and state courts, the roof has come crashing down, and its restoration remains in doubt.

In the complicated world of the high risk mortgage industry as it existed at all times here pertinent, the answer to a question as simple as “who is the owner of a mortgage?” is not always apparent from a review of the land records where the real property is located. In fact, the term “owner” may mean “a hundred owners” involved in a joint or divided undertaking or investment where the original homeowner-borrower is unaware of who the “real” “owners” are. This complexity is exacerbated when the “owner” or “owners” begin to split up and transfer the mortgage and note willy-nilly, often effectuating the transfer by simply endorsing the note in blank, affixing an allonge to it, and assuming that the mortgage security and right to foreclose will pass with the note by operation of law.

Duke v. Nationstar Mortg., L.L.C., 893 F.Supp.2d 1238, 2012 WL 3852121, N.D.Ala., August 30, 2012