Real Esate Blog

Just when we thought it couldn't get worse, a new devil is popping his head up according to some. It seems that in bundling, derivative, packaging of these mortgage into toxic assets, many details were not taken care of. Such as recording the new owner, or even who the current owner is. Some homeowners facing foreclosure are finding no one even knows, or can prove, who owns the mortgage so they cannot foreclose if fought by the homeowner. WOW... what a mess we have gotten ourselves into. If the note holder cannot prove his ownership of the note through properly recorded records, they cannot force foreclosure and the homeowner may get ownership of the property without even paying the note, lol. Remember, to be legal, all transactions must be recorded properly and in this messy environment this was not always done. Many judges, nationwide, have thrown out these foreclosure because the lender could not prove legal ownership of the note. Amazing...... to much buying and selling has complicated the process and who knows if, or when, it can be straightened out!!

Posted by Phil Turner on May 2nd, 2009 12:18 AM

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