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Stewart Title Warning to Maryland Title Companies

Stewart Title Warning to Maryland Title Companies

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Published by Todd Wetzelberger
Stewart Title Warned all Md. Stewart Title Offices to NOT insure the title to real property fraudclosed upon by fraudclosure mill attorneys Thomas P. Dore, Bierman, Geesing Ward and Wood, and Buonassissi, Henning, and Lash
Stewart Title Warned all Md. Stewart Title Offices to NOT insure the title to real property fraudclosed upon by fraudclosure mill attorneys Thomas P. Dore, Bierman, Geesing Ward and Wood, and Buonassissi, Henning, and Lash

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Published by: Todd Wetzelberger on Aug 28, 2013
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Posted on December 28, 2010 by Neil Garfield
seeMD Foreclosure INDEMNITY AGREEMENTEDITOR’S NOTE: WHETHER IT IS IN WRITING OR NOT, VIRTUALLY ALLTITLE INSURANCE UNDERWRITERS THAT ARE INDEPENDENT FROMTHE MEGA-BANKS ARE ISSUING DIRECTIONS AND RESTRICTIONSREGARDING INSURING TITLE ON PROPERTY INVOLVING ANYALLEGATION OF SECURITIZED MORTGAGES AND ESPECIALLY IF THEYARE INVOLVED IN FORECLOSURE.The bottom line is that title is most likely clouded, defective, unmarketable or fatallydefective starting with the closing on the loan, and compounded by the variouspieces of chicanery, fabricated documents, forgeries and other deceptions beingplayed out in foreclosure process across the country.Here is an example from Stewart Title. In order to issue commitment in Maryland,the checklist they have published is as follows:
Stewart Bulletin
Commitment:Foreclosure action filed in Circuit Court for ___________ County, Maryland Case No. _______________ against _______________ in regard to that certain deed of trustrecorded in liber ______ at folio ___________ TO BE DISMISSED WITH PREJUDICEor, if the property is to be conveyed pursuant to the foreclosure case, verification of compliance with Maryland Real Property Code Sections 7-105 et seq., Maryland Rules14-201 et seq., and Maryland Rules 14-301 et seq. including review of the following:
Order to Docket containing the following items:1. Affidavit of default;2. Notice of intent to foreclose;3. The original or a certified copy of the deed of trust;- 1 -
 
4. A statement of the debt remaining due and payable supported by an affidavit of the plaintiff or the secured party or the agent or attorney of the plaintiff or secured party;5. A copy of the debt instrument accompanied by an affidavit certifying ownership of thedebt instrument; and6. A copy of the deed of appointment of a substitute trustee.
If Order to Docket filed on or after July 1, 2010, copy of the Final Loss MitigationAffidavit filed and served with the Order to Docket, or if not so filed and served,filed at least 30 days before the sale, but not sooner than 28 days after filing Order to Docket.
Affidavit of mailing of notice of intent to foreclose (Must have been sent nosooner than 45 days after default under the note and at least 45 days prior to thefiling of the Order to Docket).
Proof of personal service of Order to Docket (including all other papers filed) onowner/borrower in accordance with the provisions of Maryland Rule 14-209.
If Mediation requested by borrower, report from Office of AdministrativeHearings showing outcome of Mediation.
Proof of Publication of Advertisement of Sale (must be published once a week for 3 weeks; first publication must not be less than 15 days prior to theforeclosure/last publication not more than one week prior to foreclosure sale.(NOTE: A sale may not be advertised until 20 days after the Final Loss Mitigationaffidavit is filed, but if a request for Mediation is filed within that time and notstricken, a sale may not be advertised until the report from the Office of Administrative Hearings is filed with the court).
Verification that the foreclosure sale was made at least 45 days after personalservice on mortgagor and owner of Order to Docket.
Proof of Notice of Sale on all junior or subordinate lien holders in accordancewith the provisions of Maryland Rule 14-206(b)(2) and (3).
Proof of bond filed prior to sale.
Report of Sale filed within 30 days following the sale. (NOTE: Report mustcontain an affirmation of the fairness of the sale and the truth of the report.)
Affidavit of Purchaser.
Clerk’s notice following sale (order nisi) stating that the sale will be ratifiedunless cause to the contrary is shown within 30 days. A copy of such notice shall be published at least once a week in each of three successive weeks before theexpiration of the 30-day period.
Final Order of Ratification.
If objections to sale filed, time to appeal must have expired (i.e. 30 days fromentry of order of final ratification).
Receipt of adequate proof that the borrowers/property owners are not currentlyunder the protection of the Bankruptcy Court and/or were not in bankruptcy before or during the foreclosure process. If bankruptcy filed by owner/borrower,Order of bankruptcy court lifting the automatic stay as to foreclosed deed of trust.- 2 -
 
Receipt of adequate proof that the property owners are not currently on activeduty in the U.S. Military.
Receipt of adequate proof of proper notice to the IRS of its subordinate lien, if applicable.Evidence that 120 days have passed since the date of foreclosure sale OR receiptof waiver from the IRS of their right to redeem the foreclosed property, if applicable.
Proof that the borrower/foreclosed owner has vacated the property and that it isnot occupied by anyone claiming rights under or through such person.Further underwriting considerations:
Did all record owners sign the deed of trust foreclosed on?
Was a trustee listed on the deed of trust?
Was the legal description correct?
Was there a substituted purchaser? Was that purchaser approved by the court inthe foreclosure case?
Were all subordinate lienholders notified prior to sale? See Affidavit of Compliance.
Was the Appointment of Substitution of Trustee dated and recorded prior to thefiling of the foreclosure?
Review the foreclosure docket carefully. Has an independent auditor or specialmaster been appointed by the court to review the case file and is the courtawaiting a determination from that auditor? Was a Show Cause order issued to thetrustee/attorney to report to the court the sufficiency of the affidavits?
Is the foreclosed deed of trust an indemnity deed of trust (IDOT)? If so, makecertain that you have collected sufficient recordation taxes to cover the cost torecord the trustee’s deed to the re-purchasing lender.
All powers of attorney utilized by REO lender must be recorded or submitted for review prior to closing.
If you have any questions relating to this or other bulletins, please contact your local underwriting personnel or Stewart Legal Services.
MD2010007
Date:December 17, 2010To:All Maryland Issuing OfficesRE:
Insuring at or after Mortgage or Deed of TrustForeclosure in Maryland
Dear Associates:- 3 -

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