There was a VERY interesting Bloomberg article from a year ago on this
topic:
http://www.bloomberg.com/apps/news?sid=aejJZdqodTCM&pid=20601103
If this is how things stood in February of 2008, and considering the
utter collapse of the housing bubble, I'm certain that we'll be hearing
a LOT more about this "strategy" soon. All the more reason that lenders
need to ensure prudent RIM policy and records tracking.
Jon Quandt
Account Representative
Office Interiors Filing Systems
10168 Cedar Ridge Drive
Ashland, VA 23005
800-728-7874 Ext 124
Fax: 804-550-7648
www.oi-filingsystems.com
-----Original Message-----
From: Records Management Program [mailto:[log in to unmask]] On
Behalf Of Trudy M Phillips
Sent: Wednesday, February 25, 2009 11:07 PM
To: [log in to unmask]
Subject: Re: "Produce the Note" (aka good records management)
I heard something similar to this many years ago as I came into the
records
managememt realm and it had to do with bad filing systems and disasters.
"If
the lender can not produce the note, then you owe them nothing". Now I
have
no legal training and honestly do not know if this would hold up in
court.
On another matter, when the collection call comes in, tell them you are
probably going to file bankruptcy and give them your atty's name and
number to
call. If this is where you are at. This was told to me by an attorney
who does
bankruptcy. This was provided NOT FOR ME but for a client of mine.
Trudy M. Phillips
File Management, LLC
"Bringing Order Out of Chaos"
8440 Lanewood Circle
Leeds, AL 35094
Office: 205/699-8571 Fax: 205/699-3278
_www.filemanagement.com_ (http://www.filemanagement.com/)
In a message dated 2/25/2009 9:49:39 P.M. Central Standard Time,
[log in to unmask] writes:
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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