Vital Information Regarding Your Property’s Chain of Title
If you are in foreclosure there is a good chance your property’s chain of title is clouded with fraudulent assignments and other documents that could give you a legal reason to challenge the foreclosure in court. If you have received a Notice of Default (NOD) or a foreclosure notice you need to go to the County Recorders of Deeds Office and get a copy of all the documents recorded against your property’s title as soon as possible because there may be recorded against your property’s title some fraudulent and damaging documents that may help you win a quiet title or slander of title lawsuit.
FRAUD STOPPERS can help you stop a foreclosure sale, and sue for clear and marketable title to your real property (quiet title) with a court ready chain of title investigation. For more information on this litigation support product simply register for a FREE mortgage fraud analysis and Bloomberg securitization search using the form at the bottom of this page.
A Notice of Default (NOD) is a public notice filed with a court stating that a mortgage borrower is behind in payments. This is one of the first steps toward foreclosure, and if the borrower does not pay, the next step is for the lender to file a notice of sale for the property (non-judicial States) or a foreclosure complaint (judicial States) and then move to sell the property.
After the Notice of Default is filed, an Assignment of Mortgage (judicial states) or Assignment of Deed of Trust (non-judicial states) is typically recorded against the property’s title. In addition an Appointment of Substitute Trustee is also typically filed after the NOD is filed. It is imperative that you get a copy of every document recorded against your property’s chain of title as soon as possible!
As soon as you can go to the County Recorder’s Office for the DEED RECORDS and get a copy of every page of each document that is in the deed records of your home, since you got your last loan.
Print the Search Results, with your name as GRANTOR and GRANTEE, and your wife’s name as GRANTOR and GRANTEE, then search the property address, and print the search results. You should end up with copies of your Original Warranty Deed, Deed of Trust (or Mortgage, as it is called in some states).
While looking at the Deed of Trust or Mortgage, click on the button or link for “RELATED DOCUMENTS” and print the search results, then get a copy of any “Assignments of Deed of Trust or Mortgage” and any “Releases of Liens”,” Appointments of Substitute Trustees”, “Trustee Deeds”, and Law Firm Letters, like Default or Acceleration Letters from Attorneys who are hired to collect the debts from you. Remember to get a copy of every document in the file to the present date!