Guaranteed Rate, Inc., " originated '' a loan on our home XXXX/XXXX/XXXX. Clause # XXXX says if the loan is paid, they are supposed to instruct Trustee to reconvey the house and eliminate all evidence of debt. We sent them a Request of Statement of account, they eventually admitted they had no interest in the property or the mortgage on it-XXXX, XXXX times in XXXX XXXX. Suddenly, after we sent the servicer, XXXX XXXX, a QWR on XXXX/XXXX/XXXX, GRI " assigned '' the mortgage-via MERS, who has no standing in Nevada-XXXX XXXX XXXX. The assignment was supposed to go into a XXXX, was way too late and not allowed even if it had n't been late. Either they lied about having an interest in the note, then assigned it illegally and late, or they told the truth about the note, and allowed XXXX to receive 2.5 years of mortgage payments and threaten foreclosure ( on XXXX/XXXX/XXXX ) when they had no authorization to do so. Also, they purported to be the actual lender, whereas the MERS report shows them as the servicer, nor di did they inform us that XXXX Bank was the lender, so they committed fraud from the very beginning. They also did not deposit the note into the trust as is required by the PSA agreement for XXXX. Furthermore, we sent GRI a Letter of Rescission on XXXX/XXXX/XXXX. They owe us either the XXXX mortgage payments and/or the closing costs. Another clause in the DOT : BORROWER COVENANTS that Borrower is lawfully seised of the estate hereby conveyed and has the right to mortgage, grant and convey the Property and that the Property is unencumbered, except for encumbrances of record. Borrower warrants and will defend generally the title to the Property against all claims and demands, subject to any encumbrances of record. '' I 'm contractually obligated to generally defend the title to the Property against all claims and demands. That is clear cut, and even if it 's ambiguous, the doctrine of " contra proferentem '' is applicable ; ambiguities are to be construed unfavorably to the drafter. GRI drafted the contract, not me. 
