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To: bolobaby
There's another side of this mess that hasn't even been considered. In a distressed real estate market, a confused and uncertain titling process can actually present the lender holding the mortgage under default with an opportunity to escape without actually foreclosing. An astute lender in such a position (especially if the "lender" is a secondary mortgage holder who didn't extend the original loan but instead ended up buying it in a CDO-type arrangement) might look at the muddled title situation and decide that the best course of action is to pursue legal avenues in an attempt to make the case that they never truly owned the mortgage in the first place.

In other words, these "lenders" holding these mortgages as part of securitized mortgage bonds may find themselves in the same position as someone who buys a property only to find that the previous owner left it with some kind of fatal flaw (e.g., soil contamination) that effectively makes it worthless. Very often, the best course of action in that case is to try to negate the original transaction.

61 posted on 10/15/2010 8:33:01 AM PDT by Alberta's Child ("Let the Eastern bastards freeze in the dark.")
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To: Alberta's Child

Add to what you said is that some title companies will not give a General Warrantee to a home that went through foreclosure because the risks involved with the title company having to payout in case the documents are wrong is too great. I just had a title company tell me they cannot give a warrantee on a property because it is muddled in foreclosure. Several national title companies last week joined in and said they will not give title warrantees for foreclosed properties until they can guarantee the paperwork will stand legal challenges.


63 posted on 10/15/2010 8:43:16 AM PDT by CodeToad (Islam needs to be banned in the US and treated as a criminal enterprise.)
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To: Alberta's Child

Again, though, more chaos in the financial system that will eventually put several big banks on the brink.

If you ask me, I almost see financial collapse as an inevitable, but there is always the chance we pull through this if all the right pieces fall into place. This is one of them.


76 posted on 10/15/2010 10:39:28 AM PDT by bolobaby
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