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[-] Credit Checks for Foreclosure searches - Laurie Puckett/TN (9 replies)
3/23/2009 3:04:21 PM (2586 views)
Re: Credit Checks for Foreclosure searches - Patrick Scott/IL
3/23/2009 3:30:01 PM (2239 views)
Re: Credit Checks for Foreclosure searches - Jessica Talley/NJ
3/23/2009 5:32:13 PM (2120 views)
Re: Credit Checks for Foreclosure searches - Donna Stovall/NY
3/23/2009 7:38:19 PM (2118 views)
Re: Credit Checks for Foreclosure searches - Jessica Talley/NJ
3/23/2009 8:18:14 PM (2109 views)
Re: Credit Checks for Foreclosure searches - Kevin Ahern/CT
3/24/2009 5:59:30 AM (2197 views)

Reliance solely on a credit report is a  very dangerous practice when it comes to foreclosures. Credit reports are not always up to date and accurate. I had a client years ago that had the oil company record a lien on his property. He had the lien released, but the release never showed up on the credit report for years afterward 

In Connecticut it is imperative that all current mortgage and lien holders be identified for purposes of the foreclosure. They have to be named in the complaint with identification of their priorities. Junior lien and mortgage holders need to be served as defendants.

The assignments of the mortgages are critical because they establish who has to be named as a proper party defendant. Only the current junior assignee is the proper party. I had an interesting experience a few years ago. I had done a search for a tax lien foreclosure. Several months later a received a call complaining that I had not picked up on an assignment in the title search, and had shown the prior holder of the mortgage as the current holder. The prior holder was named as the defendant. Since he had no interest in the foreclosure he did not contest it. After judgment entered the plaintiff discovered that he had the wrong defendant. It became necessary to reopen the case, serve the proper defendant and foreclose his interest. Fortunately, it had been discovered in time to rectify the matter.

In any event I had some irate foreclosure attorney screaming at me on the phone that she was going to file a claim against me for the costs and attorney's fees involved in reopening the case. I went back to the land records office to research the matter only to find that my original abstract was correct. The current holder of the mortgage at issue had never recorded an assignment showing the conveyance of the mortgage to him. I called the foreclosure attorney to report that the original abstract was as correct as it could be given the omission of the relevant assignment on the land records. She was apologetic. However, it does disclose the need for the best search possible rather than simply relying on a credit report.

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Re: Credit Checks for Foreclosure searches - Laurie Puckett/TN
3/24/2009 9:45:32 AM (2143 views)
Re: Credit Checks for Foreclosure searches - STEVE MEINECKE/TN
3/26/2009 11:30:03 AM (2051 views)
Re: Credit Checks for Foreclosure searches - martha campbell/VA
3/30/2009 6:41:26 AM (1918 views)
Re: Credit Checks for Foreclosure searches - Laurie Puckett/TN
3/30/2009 9:55:14 AM (1890 views)

E&O Insurance - Kelly Schuler/TX
3/23/2009 8:58:05 AM (2108 views)

[+] ValuAmerica...third-party vendor manager...good or bad for industry? - Mike Toebe/KS (2 replies)
3/23/2009 7:42:37 AM (3001 views)

[+] another E&O question - Sheila Sten/PA (10 replies)
3/20/2009 5:44:24 PM (2618 views)

[+] AccuData Search.The Real Story..As I Knew It - AbstractorWatchdog com/NY (24 replies)
3/19/2009 8:04:09 PM (3338 views)


Real Title Services


[+] The Outsourcing Continues... - Jarrod Clabaugh/OH (2 replies)
3/18/2009 12:40:20 PM (2669 views)

[+] E&O - Kenneth Signor/SC (6 replies)
3/17/2009 6:26:25 AM (2553 views)

[+] Interstate Title Search - Gayla Sparks/MO (10 replies)
3/16/2009 2:52:36 PM (3007 views)

Nations Title of ? - AbstractorWatchdog com/NY
3/16/2009 10:47:06 AM (3512 views)

Law Bulletin Information Network - Sheila Sten/PA
3/13/2009 3:43:20 PM (2060 views)

Ashcroft Escrow / Loan Network - Sheila Sten/PA
3/13/2009 2:47:11 PM (2130 views)

[+] Facebook - Clanci Nelson/OH (6 replies)
3/13/2009 11:16:02 AM (2733 views)

[+] Looking for an old friend... - J Nisonger/CA (2 replies)
3/12/2009 4:31:02 PM (2732 views)

[+] New Year of E & O - Wendi See/SC (16 replies)
3/12/2009 4:17:39 PM (2817 views)

Escrow accounts - Ray Young/GA
3/12/2009 3:20:39 PM (2064 views)


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