title claims: A TALE OF ADVERSE POSSESSION ON A TITLE AGENT'S LAND - 08/02/12 02:27 AM
As a title agent with more than 25 years experience behind me I have heard many tales of adverse possession.  I never thought I would be a victim of adverse possesion myself, but sadly, I find that my property has been used, for some time evidently, by others for their enjoyment, without my knowledge, by actual, open, hostile, and continuous possession I need to file a title claim.

My husband and I share a peaceful home life on our 17 acre parcel of property with many of God's creatures and for the most part they leave us alone and we … (2 comments)

title claims: I will try to help you, BUT PLEASE STOP YELLING AT ME - 06/15/11 09:06 AM
I am truly humbled by the number of people who read my various blogs and who then pick up the phone to ask me questions.  It is my strongest desire to try to be of assistance to anyone who calls me with a question.  If it is a question I cannot answer, I strive to find the right resource to get the answer and put the caller in touch with that resource.
I took a call yesterday from a woman who had read one of my blogs. Her specific inquiry to me was in relation to what recourse she may have … (0 comments)

title claims: Where is your title work being processed and how safe is your information - 05/11/11 07:54 AM
As you all may know many title agencies are using the services of off-shore companies to complete the "title searches" on real estate located in the US.  These firms do their "title searches" by going on-line to public websites to access the "chain of title", prepare a report and issue a binder from that "search"
While many jurisdictions have put a large amount of data on line, not all information is available on line and a good title search is best conducted in the field at the court house where the professional abstractor can access ALL the information need to insure … (0 comments)

title claims: Success in the Rain- An interview on foreclosure fraud in Maryland and forged Deeds - 03/09/11 07:06 AM
Another Maryland foreclosure mill accused of fraud- Now it's the Deeds by CHARLENE PERRY | 2011/03/09 |
It was my honor to have been interviewed and quoted for this article by Jamie Smith-Hopkins of The Baltimore Sun which was in today's edition. (3-9-11)
www.baltimoresun.com/business/real-estate/bs-bz-foreclosure-complaints-20110307,0,5388979.story
I took a call yesterday from Jamie Smith-Hopkins, reporter for the Baltimore Sun, who writes about real estate in Maryland.  
Ms. Smith-Hopkins has read my blogs here and wanted my input on the state of foreclosures in Maryland and in particular how the allegations of deeds being executed by other than the named trustee would affect our industry. I listened … (4 comments)

title claims: How much of a risk are you willing to take? SHODDY TITLE SEARCHES, THE NEW NORMAL - 01/04/11 06:14 AM
Not even a week into the new year I have a file on my desk with such a messy title I can't imagine that anyone bothered to do a title search at all.
The case is the transfer of a property out of foreclosure, imagine that!  The title deed is shows the property to be vested in an LLC, the Deed of Trust that gave rise to the foreclosure is executed by an individual, no mention of the LLC that holds title.
There is nothing in the chain of title to reflect that the foreclosure attorney even bothered to have the … (0 comments)

title claims: A Federal Land Title System? - 12/07/10 08:08 AM
Most of you are familier with the current land title system wherein the individual States and their respective County clerks are responsible for "keeping the books" on the transfer of real estate in their respective jurisdictions.  
A recently introduced bill will require that HUD study a Federal Land Title System (HR 6460) sponsored by Mary Kaptur (D-OH) which would, if passed, pave the way for a National Torrens System.  The Torrens System is not commonly used in the United States but is used in may parts of Europe.  
What is the difference between the current land title system and the Torrens System? and Why do I … (0 comments)

title claims: REALTORS DUTY TO DISCLOSE IN SHORT SALE-by ROBERT FRANCO-Sourceoftitle.com - 12/02/10 07:12 AM
Realtors' Duty to Disclose in a Short Sale by Robert Franco | 2010/11/27 |
Mr. and Mrs. Holmes saw a house listed for sale in Huntington Beach, California on the Realtors' Multiple Listing Service with an advertised price of $749,000 to $799,000.  The listing indicated that the "seller was motivated."  The Holmes made an offer, and after a counter-offer they agreed to purchase the home for $749,000 with a 30-day escrow.
In order to close on this purchase, the Holmes sold their house. What the Holmes did not know was that this was a short-sale involving three lenders and a total … (0 comments)

title claims: IT'S BUSINESS AS USUAL AT THE FORECLOSURE MILLS-AND THE OHIO AG IS NOT HAPPY - 11/02/10 04:21 AM
 
FROM THE PRESS RELEASE
In response to Wells Fargo's statement acknowledging that it "made mistakes" and that affidavits in 55,000 foreclosures filed by the bank did not "adhere" to the law, Ohio Attorney General Richard Cordray offers the following statement:
"The big mortgage servicers and financial firms continue to demonstrate their belief that they do not need to play by the same rules as everyone else who uses our court system. The suggestion by Wells Fargo and its colleagues at several other national firms that they can cure fraudulent testimony by simply refiling new affidavits and continuing to proceed … (2 comments)

title claims: MARYLAND REO PURCHASES- TRICK OR TREAT? - 10/18/10 08:03 AM

There have been many articles lately in the news and on-line about the rash of foreclosure "fraud" that seemingly is running rampant in courts across the country.  And there has been much discussion about lenders "freezing" foreclosures nationwide.  While there may well be a "freeze" I can tell you that I received e-mail alerts today advising that more than 30 new properties came on the market today, all of which have gone through foreclosure and all of which are now being sold on the open market by the banks. So while there may be a freeze on new foreclosures, those … (0 comments)

title claims: I TOLD YOU SO - 10/14/10 06:22 AM
In October 2008 I sent letters to members of Congress, Fannie Mae, ALTA and MDLTA relating to the fact that the large servicing entities had made decisons to begin to use foreclosure mills nationwide in an effort to streamline their foreclosure processes. In so doing they may well have streamlined the process, but, we all see now just what that has meant to those of us in the title industry as well as for the consuming public.  My particular concern at that time was not so much related to the actual foreclosure filings, but was related to the lack of oversight of the … (0 comments)

title claims: I tried to take the weekend off, but..... - 10/12/10 06:23 AM
I really did.  I intentionally did not turn on the TV to watch the news, I did not spend a lot of time on-line trolling for information relating to foreclosures, but..
I took two calls yesteday from home because I closed my office for the holiday.  I know, I know, it was a minor holiday in a lot of people's mind, but I am just exhausted from all of this foreclosure mess.
As you know I am an REO title specialist. I have worked for many years with large banks and REO firms and as such have maybe more of an … (0 comments)

title claims: GMAC/ALLY and obtaining Title Insurance - 10/01/10 08:56 AM
I am an REO title specialist.  As such I have reviewed thousands of files for properties that have been foreclosed upon.
I have written here in this forum on many occasions about the use of foreclosure mills in foreclosure transactions. It seems that the public has finally been made aware through the mainstream media of the blatent disregard to following the rules that runs rampant in these foreclosure mills. 
The focus of my practice here is clearing title for properties coming out of foreclosure and acting as seller's liasion in many cases or alternatively, acting on behalf of buyers of properties … (2 comments)

title claims: CLASS ACTION LAW SUIT-I READ THE COMPLAINT AGAIN LAST NIGHT AND..... - 08/05/10 05:02 AM
 I wish I could say that any of the allegations in this complaint surprised me, but, nope, no surprise at all. 
As an REO title specialist in Maryland I have seen HUNDREDS of cases like this where there was an assignment out of MERS into the "note holder" stuck smack in the middle of the chain of title, filed sometime "around" the filing date of the foreclosure. I must admit however that not once did my attorney abstractors question the validity of these documents. Nor, evidently, did the court as all of these sales were ratified with the court and the … (6 comments)

title claims: Class Action law suit filed against Florida foreclosure mill-A shining example why NOT TO allow the seller's title agent conduct your closing - 08/04/10 09:33 AM
Recently a 7.5 Billion Dollar class action law suit was filed against a Florida foreclosure firm alleging that they particpated in fraud when filing thousands of foreclosures in the State of Florida. To read the complaint, click here:
http://mattweidnerlaw.com/blog/wp-content/uploads/2010/07/sternclassaction.pdf
The Defendant Firm's attorneys primarily represent plaintiffs in foreclosure actions. Based upon statements by its owner and co-Defendant, David J. Stern, the Defendant Firm in 2008 and 2009 filed between 4000 and 7000 new foreclosure actions in the State of Florida per month. Beginning in or about 1999, the Defendant Firm joined with Defendant Merscorp, Inc., and other conspirators in the fraudulent scheme and … (15 comments)

title claims: Are you "Practicing Law" ? - 07/23/10 03:53 AM
I read an interesting article today at Source of Title written by Robert Franco.  Mr. Franco brings up a very good point, one that I think most Realtors don't consider when trying to help a friend or family member in a FSBO transaction.
I have seen, in my role as a title agent, situations where the Realtor has provided a blank contract of sale as well as the necessary addendum for lead paint, FHA financing, etc. One would assume that the Realtor probably reviewed the contract with at least one of the parties to the transaction.  
Mr. Franco brings up a … (0 comments)

title claims: ALL TITLE AGENTS ARE NOT CROOKS!! - 07/19/10 08:56 AM
Recently there have been several articles in our local daily paper, The Baltimore Sun, that would make one believe that ALL title agents are crooks and are not to be trusted.  I am here to tell you that that is just not so.
An article written by Jay Hancock dated June 20, 2010 is so blatently accusatory of the whole industry that it just made my blood boil. His statement "It's the lesser-known side of the mortgage disaster. As lenders foisted billions of dollars in mortgage debt on unqualified borrowers buying overpriced houses, too often there was a sticky-fingered settlement agent … (0 comments)

title claims: WATER-SEWER HOOK UP FEES- MARYLAND - 05/11/10 08:18 AM
I reviewed a title today and found that the property was subject to a water-sewer hook up fee payable annually. I have seen these a few times lately and want to bring to the attention of realtors and buyers the fact that these fees run with the land and are a lien on the property.
The documents relating to these fees are usually filed by the developer at the time that they are setting up the subdivision.  In short they impose an annual fee, payable by the record owner of the property, for re-paying the cost of establishing public water and … (0 comments)

title claims: SHODDY FORECLOSURE WORK BY FORECLOSURE MILLS A REAL THREAT TO THE CONSUMER - 04/30/10 04:59 AM
The huge number of foreclosures that have been initiated over the last year, (with millions more to come this year) have given rise to a concern that the foreclosure mills are not providing quality service and that consumers will be the ones to suffer as a result of the less than stellar performance by foreclosure mills nationwide.  It was with great interest that I read a very informative blog yesterday, which I have reposted here in it's entirety with permission from the author, Slade Smith.   Please visit Slade's blog for even more information.
Printed from Source of Title, www.sourceoftitle.com.
 
… (0 comments)

title claims: THANK GOODNESS THERE ARE STILL HONEST PEOPLE OUT THERE - 04/15/10 07:36 AM
Upon review of title we found one open mortgage.   As a matter of practice we send a letter to the seller inquiring as to the account number and contact information for their mortage holder and asking that they sign a statement authorizing us to obtain a statement of payoff. 
In the instant case we received the letter back from the seller and TWO mortgage payment statements. I immediately went back and researched the title again and still found only ONE mortage recorded in the land records securing this property.
We called the seller and the seller advised that that had taken … (2 comments)