tag:blogger.com,1999:blog-8225954776859712168.post3135749524790311875..comments2023-09-26T11:42:08.905-04:00Comments on Finance & Law for Not-So-Dummies: A Note About "Notes"Richard I. Isacoff, Esq.http://www.blogger.com/profile/16102818253954755437noreply@blogger.comBlogger2125tag:blogger.com,1999:blog-8225954776859712168.post-54741351556114187252009-11-03T16:27:35.940-05:002009-11-03T16:27:35.940-05:00Richard,
You may be interested in this guide that...Richard,<br /><br />You may be interested in this guide that I was invited to present to a group of attorneys yesterday in Clearwater FL...<br /><br />It talks about broken chains of title and fraudulent assignments that are being fabricated by the servicers.<br /><br />http://www.scribd.com/doc/20916919/Foreclosure-Fraud-Guide-to-Looking-up-Public-Records-for-Fraud<br /><br />4closureFraudForeclosure Fraudhttp://4closurefraud.wordpress.com/noreply@blogger.comtag:blogger.com,1999:blog-8225954776859712168.post-77475083116868259612009-11-03T11:46:55.300-05:002009-11-03T11:46:55.300-05:00Interesting post, Richard. In the instance where ...Interesting post, Richard. In the instance where there is a proof of current ownership, however, the question is not so much whether there is an enforceable mortgage so much as who would get payment on sale of the house.<br /><br />Sure, you can't foreclose now. But if you can't prove to whom the debt is currently owed, does that not leave the homeowner (and, potentially, the new lender in the case of a sale) in a bind? Can't pay off a mortgage when there is no proof of who owns it at all.<br /><br />Is a copy truly best evidence? Here, I'd say that it isn't. Rather, it's the result of a system that plays fast and loose with simple document storage rules. Lose a single Note, I can see the "best evidence" argument holding some water. But if you "lose" thousands of them as a result of being too cheap to keep them in storage then there's good reason to penalize the purported mortgagee.Jay S. Fleischmanhttp://www.newyorkbankruptcyhelp.comnoreply@blogger.com