Sunday, October 24, 2010

Show Us the Note!

Good news from Kentucky, where another local government is standing up to the banks:

Kenton County, Kentucky, which has the third highest volume of foreclosures in the state, has enacted a general order impacting the filing of all foreclosure complaints in its courts.

Recent foreclosure paperwork errors at several major servicers nationwide prompted the move. Big lenders such as GMAC Mortgage, Bank of America, and JPMorgan Chase recently imposed suspensions to check their foreclosure case files for mistakes.

Kenton County’s order will have a wide ranging impact on mortgage servicing clients, including timelines relating to the filing of first legal action in Kenton County, with many other counties throughout the Commonwealth expected to follow suit.

The order requires all foreclosure complaints in Kenton County to be accompanied by an affidavit certifying that the plaintiff is the owner and holder of the note and mortgage and identifying the plaintiff as the original holder or an assignee, trustee, or successor in interest of the original holder.

Kenton County foreclosure complaints must also be accompanied by a copy of the note and recorded mortgage with copies of all allonges, endorsements, and assignments necessary to document the chain of title to both the note and the mortgage.

The "paperwork errors" and "mistakes" were deliberate acts of fraud, revealed when banks began foreclosing on houses they didn't legally own.

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