IMO, when the foreclosure is contested due to inability to show whom holds the actual note, the court should determine by way of testimony if the mortgage is up to date regarding payments. If not, the property should be placed in a conservatorship under a receiver or trustee until the paper is made whole. In other words, if you don’t pay the mtg, you go. The receiver can rent the home to cover maintenance costs, taxes, and security till the matter is resolved and charge a set fee for this service.
I’ve never missed a mtg payment and don’t intend to.
The problem being, if they don’t have the correct standing now to foreclose (should I not pay), then they legally can’t have the ability to give clear title when and if I sell after its paid off or I move.
THAT is the crux of this whole thing.
Its got nothing to do with paying or not, but the fact that property law is being thrown out the window when the bank is asked to show its really the person who has the legal right.
Imagine, you write a check to your mom to pay for the milk. Mom makes a copy, or two actually, and one gets filed, lost or someone else takes it to the bank to be cashed. Except, now someone else has the legal right to cash it and not your mom.
Issues? Only when the person who claims they are owed the money has no legal authority or paper trail to show they bought it, or own it or have the rights to it.
Fraud. Plain and simple. regardless of who is paying and who isn’t. Two different things here...