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[-] Mortgage avoided by bankruptcy judge due to improper acknowledgement - Leigh Attridge/MA (4 replies)
2/25/2012 6:21:24 PM (6207 views)
Interesting reading in any state - Bobbi Shorthouse, Notary Public/CT
2/27/2012 1:45:30 PM (4879 views)
Re: Interesting reading in any state - Leigh Attridge/MA
2/27/2012 2:58:00 PM (4853 views)
Re: Interesting reading in any state - Patrick Scott/IL
2/27/2012 9:47:02 PM (4748 views)

I see a title claim afoot here.  I think it's pretty safe to say that a hapless title closer got some acknowledgements mixed up and recorded with the wrong mortgages.  Those folks who are named on the acknowledgement are probably making monthly payments on an unenforceable mortgage themselves.

The major lenders all use origination software that automatically populates the information into the loan documents.  I'm sure that includes the acknowledgement.

Whether or not my guess is correct, the title insurance policy insures an enforceable lien.  This lien was judged unenforceable, and thus avoided in the bankruptcy. 

I still think the lack of notice thing is a bunch of bull, however.  The lack of notice argument is based on theory, whereas the fact is that the mortgage was recorded, thereby giving constructive notice.

Theory trumps reality in this case.

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Re: Interesting reading in any state - Leigh Attridge/MA
2/27/2012 10:57:39 PM (5121 views)

[+] 351 year old will sparks bitter dispute in Massachusetts - Leigh Attridge/MA (5 replies)
2/24/2012 9:44:22 PM (5436 views)

[+] Price of fuel and work? - Carla Curry/KY (5 replies)
2/23/2012 7:24:18 PM (3879 views)

[+] not being paid - CHRISTINE POPISH/PA (38 replies)
2/22/2012 7:43:31 PM (4813 views)

not being paid - CHRISTINE POPISH/PA
2/22/2012 7:43:29 PM (3667 views)




[+] Ridiculous Collection Practices - K C/NJ (8 replies)
2/22/2012 1:13:23 PM (4302 views)

[+] Absurd fee dispute - Dan Zook/NY (5 replies)
2/22/2012 11:21:34 AM (4315 views)

[+] NY Project - George Fushi/IL (2 replies)
2/22/2012 10:08:31 AM (4140 views)

[+] doc rns - Joan Howland/CT (8 replies)
2/20/2012 7:22:10 PM (4098 views)

[+] Capstone Title, Kentucky - Karen Hurley/KY (8 replies)
2/20/2012 3:26:36 PM (5088 views)

[+] 21st Century National Abstraction/Deana Moore - Jason Knowles/AL (5 replies)
2/20/2012 10:25:21 AM (4422 views)

[+] EXLZoom Ever heard of them? - Alix Ott/MI (1 reply)
2/17/2012 8:54:02 AM (4186 views)

[+] Need Some Input! - Michaela Urban/OH (17 replies)
2/16/2012 10:56:04 PM (4068 views)

[+] Northwest Title Agency (Madison, WI) - Megan Rowlands/PA (6 replies)
2/16/2012 1:29:47 PM (5133 views)

[+] More on American Abstract - Michele  Moose/NC (9 replies)
2/16/2012 12:56:26 PM (4393 views)


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