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Broken chain of title

Discussion in 'Bank of America Mortgage Help' started by mayela, May 11, 2012.

  1. mayela

    mayela LoanSafe Member

    Can BofA legaly foreclose on me if there is a broken chain of title? When I got my loan from 123Loans in 2006 it was sold to Countrywide as soon as I signed the loan docs but never assigned to Countrywide, until Mers came in and assigned it to BofA in 2011.
  2. Jeffrey L. Shurtliff

    Jeffrey L. Shurtliff LoanSafe Member

    I am sorry but this does not appear to me, to represent a broken chain in the title. I think if I remember; you are in a non judicial state. You can put that in a nonjudicial communication for an argument to stop the trustee sale, but it may not do any good. As far as a court thing you must establish a cause for action and state a claim for relief to be granted.
    Also if I remember right, you have the Country Wide argument of contempt on your side and that constitutes negligence. The word negligence applied correctly for a violation of the law is your foreclosure estop tool.
  3. mayela

    mayela LoanSafe Member

    Jeffrey- Thank You for your response. How do I know if my home has a broken chain of title?
  4. Jeffrey L. Shurtliff

    Jeffrey L. Shurtliff LoanSafe Member

    Alot of times you don't as you must have a forensic audit done. It is expensive and most of the business that do the audit are scammers. I have read some California appeals Court stuff on this and the court just does not buy it. However if you can prove invalid signatures or missing notary stamps or show a person who signed your documents forged them ect.... then you have a cause for action and you can stop the trustee from selling. If the trustee sells, then an unlawful detainer is served on you and this is when you really get your day in court on this, if you can prove it.
  5. mayela

    mayela LoanSafe Member

    Jeffrey- From what I have read, Christopher Herrera (VP of Bank of American division in Simi Valley) can NOT sign for MERS as an assistant secretary, or am I wrong? That is who signed for Mers when the assignment on my home was done to BofA in 2011
  6. Jeffrey L. Shurtliff

    Jeffrey L. Shurtliff LoanSafe Member

    If you can prove that then you can stop the foreclosure. Remember even proving it will sometimes not stop the foreclosure. After the foreclosure the argument gets stronger because negligence can be infered under res ipsa loquitur.
  7. mayela

    mayela LoanSafe Member

    Jeffrey- Interesting, Thank You very much :) I must now google the latin verbiage you just posted.
  8. Jeffrey L. Shurtliff

    Jeffrey L. Shurtliff LoanSafe Member

    Specifically under res ipsa loquitur this is how it is pled. They have exclusive control, they have the duty to act reasonably. If they foreclose they will be acting unreasonably, breaching their duty, by ignoring the Country Wide Stipulation. You did not contribute to the negligence as they had exclusive control. If this foreclosure occurs you will be displaced from the property, it will trample upon your right to due process and your established good credit rating and integrity would be damaged and this will cause you emotional distress.
    This sounds to me like a great argument. Load the cannons, it is a paper war!
  9. HeavySigh

    HeavySigh LoanSafe Member

    So what does represent a broken chain of title?

    In my case, the title/mortgage went from broker to a first bank then to a second bank then to Countrywide and of course to BoA.

    It was recorded from broker to first bank to Countrywide/Mers aka BoA. The recording to MERS/CW/BoA was a few days after the FC was filed. There's no mention of bank #2 in the county records. Only the release of bank #1 because the mortgage was paid off (of course not by me, but by bank #2). Then a couple years later a FC filing followed by a MERS registration to CW.

    Wouldn't this be a broken chain of title?
  10. Jeffrey L. Shurtliff

    Jeffrey L. Shurtliff LoanSafe Member

    Your situation is very suspicious. You really have to nail it down though. You can challenge the Trustee on it citing the possible broken chain, but you must have some statute in your state that they have broken. If you can cite that and show that; you can bar the Trustee from foreclosing under the common law doctrine of res ipsa loquitur.
    You would infer negligence and you would show they have exclusive control with their entrusted power of the law and they have a duty to act reasonably and that they would be acting unreasonably and would breach that duty by foreclosing on you. This would displace you from your property, trample upon your right to due process and damage your integrity and established good credit rating causing you emotional distress.
  11. jenevalovell

    jenevalovell LoanSafe Member

    What is a broken chain?

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