Assignment of mortgage in foreclosure?

Question

We lost our home. We signed a deed in lieu, however, they (the bank) have gone ahead and performed a foreclosure. I have followed this process via a court website.

On April 14, the judge put forth an order wanting proof of "assignment of mortgage" within 10 days from the bank.

There has been zero recorded activity since then, and it is now July.

We no longer live in the house, however, I feel as though I can't move on from this awful experience until the house is sold, and this is all done. I want to put it all behind me.

So, what does this "assignment of mortgage" thing mean? Why is it holding up the sale of the house, and why haven't they responded within the 10 day time period set forth by the court?

I just want closure, and this thing is dragging on! Anybody know why this is happening?

Answer 1

The judge is asking for a copy of the original mortgage that you signed.

Your "deed in lieu" is likely confusing matters, they had to agree to this before you signed it.   I am betting they did not and the judge wants to see if you signed anything indicating you could just up and do this.    He is trying to help you.

The paperwork could very well be in and no filed yet, this cases run behind.