Reading the Lien After the Loan Is Sold
A working paper for attorneys, trustees, originators, servicers, housing counselors and courts: an eight-point framework for recognizing a defective security interest in a post-transfer file, with...
People ask what they get back when we examine a file, and this sample is the answer. It is a complete contract and servicing examination record in which every figure, date and name is fabricated for illustration, so it describes no real homeowner, servicer, creditor or loan. What it shows accurately is the categories of record we assemble and the form our determinations take.
Each row states what was requested and what the produced record does and does not establish. Whether a party is ultimately entitled to enforce is a question for a court or a regulator. The report records what the paper substantiates today, which is the part a homeowner, a counselor or an attorney can act on.
The sample is a mortgage file, and it was written with housing counseling agencies in mind as well as homeowners. We use the same element-by-element method when we examine an auto loan, a debt placed with a collector or a title record.
An examination of this depth takes months, because each written request runs on a response deadline and each answer shapes the next request. The sample includes that timeline and the membership pricing that goes with it. Current pricing is on the pricing page.
To find out what your own records show, upload your documents for a free analysis.
About two emails a month, with our latest research on mortgages, foreclosure and pooled debt. Unsubscribe with one click.
Upload your documents and we will send a free summary of what the record establishes, what is missing and why it matters.