Since I'm not an attorney I haven't got a clue, so someone, if you have time, please sort this out.
If Joe Blow has changes to his title, say someone grants him an appurtenant easement, or a right of way for a driveway; or he enlarges his property what happens then? If mortgage B is simply going to replace mortgage A, with no title work, I can see some large problems coming down the pike. What if Joe Blow has intervening IRS or state tax liens, between mortgages A & B or, help us all, a tax taking, with foreclosure proceedings started. Raise your hand if you think the IRS is going to sit quietly in the background, while Joe waltzes off with the proceeds from a new refinance.
It is entirely probable, that due to my lack of legal training, I am misreading this & if so, please tell me; but I did mention this article to a well known conveyancer this morning & he shuddered & it wasn't from the cold.
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