I saw a story on ABC News this evening which I thought had interesting
records management ties.  I'm not taking a position on the tactic, but
here's how the story goes.  They quoted a statistic of about 250,000 new
foreclosures last month.  Then they describe a tactic many homeowners are
using to stall the foreclosure.  It doesn't sound iron-clad, but the
mortgagee sends a letter to the party attempting foreclosure and requests
that they produce the note.

 

Now if you remember many mortgages in the past several years have been
"sliced and diced" into investments.  I don't quite know what that means,
but I've worked with enough property documents, sales and assignments
personally and through work to know that good records are the exception in
real estate rather than the rule.  I know many good records professionals in
this industry and they do a fantastic job, but with all the reselling and
selling off as an investment and the sheer speed and volume involved I would
guess the true owner is difficult to determine and the note (and related
assignments) are just as difficult to find.  

 

The story claims at least one judge delayed a foreclosure because the note
couldn't be produced.  Someone on the mortgagee's side also claimed that to
their knowledge no notes have been produced in any case.  I find that hard
to believe, but isn't it interesting how it all comes back to good records
management.  :-) 


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