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[+] Hypothetical Question: Life Estate - Robert Franco/OH (12 replies)
5/1/2012 10:11:01 AM (6753 views)

[+] This Just In... - Scott Perry/PA (2 replies)
5/1/2012 9:58:35 AM (5857 views)

Metro Settlement Services, LLC - Pam Effinger/VA
4/30/2012 2:46:42 PM (4174 views)

[+] United One Resources, Inc. - Diane O'Neill/MI (5 replies)
4/30/2012 2:01:02 PM (4943 views)

[+] Comment on "NAR: Pending Home Sales Increased in March" - Source of Title/OH (1 reply)
4/30/2012 9:50:17 AM (3918 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 (5932 views)

[+] Slightly Off-Topic - Scott Perry/PA (18 replies)
4/27/2012 9:30:17 AM (5629 views)

[+] Work Slow Down - Jason Knowles/AL (5 replies)
4/26/2012 3:06:08 PM (4525 views)

[+] Eclipse Real Estate Services - J Nisonger/CA (11 replies)
4/25/2012 4:04:38 PM (4947 views)

[+] ESS/Efficax/Real Estate Streams, et al - Jack Borgland/AL (3 replies)
4/21/2012 12:53:11 PM (5929 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 (3972 views)

TIAC E&O - F P/VA
4/20/2012 2:17:03 PM (3322 views)

[-] Altisource New Requirements - Karen Hurley/KY (8 replies)
4/19/2012 3:10:22 PM (5147 views)
Re: Altisource New Requirements - Patrick Scott/IL
4/19/2012 7:28:28 PM (6460 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 (6406 views)
Re: Altisource New Requirements - CHARLENE  PERRY/MD
4/20/2012 1:17:16 PM (6397 views)
Re: Altisource New Requirements - Robert Franco/OH
4/20/2012 1:39:13 PM (6200 views)
Re: Altisource New Requirements - CHARLENE  PERRY/MD
4/20/2012 1:42:56 PM (6305 views)
Re: Altisource New Requirements - Robert Franco/OH
4/20/2012 9:27:07 AM (6337 views)
If The Legal Doesn't Match, It Doesn't Attach - Scott Perry/PA
4/19/2012 9:57:33 PM (6273 views)
Re: If The Legal Doesn't Match, It Doesn't Attach - george Hubka/MI
4/23/2012 12:43:43 PM (6022 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 (5537 views)

[+] Southeast Title and Processing, Lawrenceville, GA - Dianne Barnidge/MS (4 replies)
4/18/2012 5:02:54 PM (4270 views)


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