Note Transfer Analysis
Our Note Transfer Analysis follows your mortgage note from beginning to end.
The purpose of this report is to determine which party or ‘who’ is the actual beneficiary of a loan. There are three important parties in a loan transaction: the ‘Trustor’ of the borrower, the ‘Trustee’, or the third party that acts in the in interest of the ‘Beneficiary’.
In many instances because of sloppy record keeping and the overall collapse of the integrity of the record keeping process, as has been widely publicized, we have learned that many times a party attempting to foreclose on a person’s property is not the proper legal entity entitled to do so. Simply put, we have a situation where the actual owner of the loan is a trust and the party foreclosing has a ‘broken chain of title’ to the property. What that means is that somewhere along the line, the proper documents were not completed and the entity that is proceeding with the foreclosure does not have the legal right to do so.
The ‘Note Transfer Analysis’ gives a detailed overview of all of the parties to the ‘Securitization’ transaction whereby the original lender sold the note to a trust via a complex process call ‘Securitization’. The requirements for compliance in these transactions are strict. They require Securities and Exchange Commission (SEC) reporting and must comply with the IRS rules to avoid stiff tax penalties. Therefore, the documents exist in the public records although they often take quite a bit of research to find.
Benefits of the Note Transfer Analysis
Our review compares existing records to the ones filed in the county courthouse where a foreclosure action must be processed. As foreclosure is a state governed procedure in the United States, by comparing all of these documents we are often able to uncover errors and inconsistencies that call into question the legality of the foreclosure.
Our report offers a very cost effective way to gather all of the information available in the public records that pertain to a particular property so that it can be used to assist in defending the homeowner’s rights.
Some of the specific errors we find that are most problematic legally are:
- Faulty Assignments of the Deed of Trust/Mortgage
- Faulty or missing ‘Substitutions of Trustee’
- Back dated paperwork that offers clear evidence of potential fraud.
- Discrepancies in county records vs. federal or MERS filings.