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[+] Hypothetical Question: Life Estate - Robert Franco/OH (12 replies)
5/1/2012 10:11:01 AM (6873 views)

[+] This Just In... - Scott Perry/PA (2 replies)
5/1/2012 9:58:35 AM (5961 views)

Metro Settlement Services, LLC - Pam Effinger/VA
4/30/2012 2:46:42 PM (4293 views)

[+] United One Resources, Inc. - Diane O'Neill/MI (5 replies)
4/30/2012 2:01:02 PM (5042 views)

[+] Comment on "NAR: Pending Home Sales Increased in March" - Source of Title/OH (1 reply)
4/30/2012 9:50:17 AM (4038 views)




[+] Bang You're Closed: Threats Stormy Exits & Violence at New York Closings - Leigh Attridge/MA (1 reply)
4/29/2012 9:41:10 AM (6038 views)

[+] Slightly Off-Topic - Scott Perry/PA (18 replies)
4/27/2012 9:30:17 AM (5750 views)

[+] Work Slow Down - Jason Knowles/AL (5 replies)
4/26/2012 3:06:08 PM (4605 views)

[+] Eclipse Real Estate Services - J Nisonger/CA (11 replies)
4/25/2012 4:04:38 PM (5064 views)

[+] ESS/Efficax/Real Estate Streams, et al - Jack Borgland/AL (3 replies)
4/21/2012 12:53:11 PM (6000 views)

[+] Comment on "30 Louisiana Clerks of Court Sue MERS for Thousands per Mortgage" - Source of Title/OH (4 replies)
4/20/2012 6:21:50 PM (4074 views)

TIAC E&O - F P/VA
4/20/2012 2:17:03 PM (3410 views)

[-] Altisource New Requirements - Karen Hurley/KY (8 replies)
4/19/2012 3:10:22 PM (5255 views)
Re: Altisource New Requirements - Patrick Scott/IL
4/19/2012 7:28:28 PM (6535 views)

This makes sense to me, especially in the case of a foreclosure.  The lender cannot foreclose on more property than that which is encumbered, and would not want to enforce the lien on less than that which is encumbered.  They are also asking you to compare the legals and to note any differences, which would give the attorney an opportunity to seek a remedy for any error.

Here's an example of a case where using the legal from the vesting deed might cause problems:  Eminent Domain.  Say, in 1990 the borrower purchases Lot A.  In 1995, the East 5 feet of lot A is taken for widening of an adjacent road.  In 1997, your borrower grants a mortgage, the eminent domain case is duly noted, and the East 5 feet are excepted from the legal description.

The legal descriptions on your mortgage and your vesting deed now differ, but the one on the mortgage is accurate.  The deed, on its own, is not.

I'm sure there are many other examples where relying on the vesting deed alone may lead to trouble.

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Re: Altisource New Requirements - F P/VA
4/19/2012 8:29:13 PM (6466 views)
Re: Altisource New Requirements - CHARLENE  PERRY/MD
4/20/2012 1:17:16 PM (6459 views)
Re: Altisource New Requirements - Robert Franco/OH
4/20/2012 1:39:13 PM (6286 views)
Re: Altisource New Requirements - CHARLENE  PERRY/MD
4/20/2012 1:42:56 PM (6379 views)
Re: Altisource New Requirements - Robert Franco/OH
4/20/2012 9:27:07 AM (6405 views)
If The Legal Doesn't Match, It Doesn't Attach - Scott Perry/PA
4/19/2012 9:57:33 PM (6334 views)
Re: If The Legal Doesn't Match, It Doesn't Attach - george Hubka/MI
4/23/2012 12:43:43 PM (6092 views)

[+] A Rare Apartment Comes on the Market at The Dakota in New York - Leigh Attridge/MA (1 reply)
4/18/2012 5:25:58 PM (5612 views)

[+] Southeast Title and Processing, Lawrenceville, GA - Dianne Barnidge/MS (4 replies)
4/18/2012 5:02:54 PM (4377 views)


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