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This checklist is a list of documents required to be obtained by a homeowner or property owner and made available to your Title Audit Consultant / COTA Preparer in order to perform research on each party named in every document in your property's chain of title, analyze the findings, and provide an in-depth report called a COTA that you and your attorney can use to quickly determine the issues of probative value.
A COTA serves as a basic reference tool for you to know you have options moving forward. With solid facts in hand, all parties involved in your title becomes known and who does or does not own your home/property -- important facts to have when being pursued by the wrong party in a foreclosure or when trying to sell a home and finding you cannot!
This checklist is a list of documents required to be obtained by a homeowner or property owner and made available to your Title Audit Consultant / COTA Preparer in order to perform research on each party named in every document in your property's chain of title, analyze the findings, and provide an in-depth report called a COTA that you and your attorney can use to quickly determine the issues of probative value.
A COTA serves as a basic reference tool for you to know you have options moving forward. With solid facts in hand, all parties involved in your title becomes known and who does or does not own your home/property -- important facts to have when being pursued by the wrong party in a foreclosure or when trying to sell a home and finding you cannot!
This checklist is a list of documents required to be obtained by a homeowner or property owner and made available to your Title Audit Consultant / COTA Preparer in order to perform research on each party named in every document in your property's chain of title, analyze the findings, and provide an in-depth report called a COTA that you and your attorney can use to quickly determine the issues of probative value.
A COTA serves as a basic reference tool for you to know you have options moving forward. With solid facts in hand, all parties involved in your title becomes known and who does or does not own your home/property -- important facts to have when being pursued by the wrong party in a foreclosure or when trying to sell a home and finding you cannot!
56 !178)917:; 8;!18<: The following must be obtaineu fiom couithouse lanu iecoius in B0TB Ceitifieu anu iegulai copies (one of each; ceitifieu copy foi eviuence anu iegulai copy foi office use):
=== <;;< (This can also be known as "Waiianty Beeu", "ueneial Waiianty Beeu", "Special Waiianty Beeu", "uiant Beeu", "Secuiity Beeu", "Substitute Tiustee's Beeu", "Quit Claim Beeu", "Tax Beeu", oi "Abstiact Beeu". This "ueeu iepiesents itself as the Instiument that conveys the piopeity to you by the foimei ownei. The foimei ownei woulu be the "uiantoi"; you (anu youi spouse, if maiiieu), aie the "uiantee". This geneially staits youi chain of title).
=== <;;<: 1> )87:) (Piomissoiy Note, if iecoiueu) (This can also be iefeiieu to in juuicial states as a "Noitgage". Also known as "Secuiity Beeu" oi "Installment Contiact" in some states. Eithei of these uocuments coulu iepiesent an equitable lien on youi title.)
=== 91?; ;@75)A B5C;: 1> !8;<5) ("BEL0C"; Piomissoiy Note, if iecoiueu; BEL0Cs aie moitgage liens too!)
=== :;!1C< ?18)D-D; B5;C (Piomissoiy note, if iecoiueu) (This may also be known as a "Beeu of Tiust-Seconu Lien".)
=== -EE15C)?;C) 1> :7!!;::18 )87:);; C1)5!;: (These aie founu in Beeu of Tiust States only!)
=== !1CF;A-C!;: 0-::5DC?;C):2 (These coulu be iepiesenteu as "Release of Lien"; "Satisfaction of Noitgage"; "Beeu of Reconveyance"; "Full (oi Paitial) Reconveyance"; "(Coipoiate" Assignment of Noitgage oi Beeu of Tiust".)
=== <;M)18 N7<D?;C): (These might opeiate as a lien against the piopeity!)
=== C1)5!;: 1> M-CO87E)!A -C< <5:!9-8D; 1> M-CO87E)!A (These may become moie impoitant to pievent lift of automatic stay!)
=== :7M18<5C-)51C -D8;;?;C): (moves a lien to a junioi position)
!"# %"&'& ()*+,&-%' ./& -&*&''./# 000 It is first very important to understand that the checklist that is being utilized nationally was developed by DK Consultants LLC ... and for good reason. An education about the subject content of real property records is essential before spending thousands of dollars on audits and attorneys fees in litigating a case. The preceding list of documents is generally found in virtually every real property record in every county or township jurisdiction in the United States. When visiting the recorders office to obtain your documents, please seek the deputy recorders assistance if you are having difficulty locating any of your documents. => ?6( 5"%%6< >:%@ " ;/$5:>:5 @65(7$%<) :< 56(9@ 3$ 3$5"(;$ " /"#<? <8"< 7"? 59":7 "% :%<$#$;< :% ?6(# 58":% 6> <:<9$ (1( -)% /&*)/( 1%4 ,8:; "//9:$; /"#<:5(9"#9? <6 ";;:A%7$%<;) "//6:%<7$%<; 6> ;(3;<:<(<$ <#(;<$$ "%@ #$56%B$?"%5$; 6# #$9$";$; 6> 76#<A"A$ 9:$%;4
Your 2332 (in whatever form it may be in as shown above) is your proof of ownership. Your Title Consultant has to view this document in its entirety to determine whether the Property in question contains issues as to whether the Property was lawfully conveyed to you. You should be able to locate your deed by your last name and first name in the Grantee Index.
After you take title to Property, should you wish to take out a mortgage against it (to buy or build a house on this property for example), you then become the Grantor. All of the liens interests youve granted should be found in the Grantor Index. All Property Records are listed by a Grantor-Grantee Index. Again, if you run into trouble, ask for help for your county recorder.
When you take out a mortgage loan, the Lender you borrow the money from becomes a lien holder against your Property until your mortgage is paid in full. You are then known as the Mortgagor, Grantor or Trustor, depending on what State your Property is located in. The Lender will file what is known as a Security Instrument against the Property in the land records to protect its lien interest. These instruments come in many forms ... Mortgage ... !"#$% '#(%%$#) *+,- .#$/"#$# 0 !"#$%12"#$%3#(%%$#4567 *+,- *8$529:;< Page 2 of S Deed of Trust ... HELOC ... Second Mortgage ... these are ALL liens against your Property. The Title Consultant needs to see EACH ENTIRE DOCUMENT! 4)+ *.--)% '1,56# '&-( 1- 7+'% %"& *)8&/ '"&&% .-( 6.'% 5.9&0 :&-( 1- ;<3 3=;>?3 2@ABC3=; D-) 'E1,51-9 .66)F&( "&/&GH
Your Lender may decide to sell its interest in your Property to another party (or multiple parties). In order for each party to have a recorded interest in the chain of title, an I::>J=C3=; must be recorded in the county real property records. Many times, these assignments are not recorded, which means that (%2%6C% :%<$#B$%:%A ";;:A%$$; may have an unrecorded interest in your chain of title. This can be legally dangerous because it could expose you or a future purchaser of your Property to @6(39$ 9:"3:9:<?; in other words, you may think your Propertys lien is satisfied in full, when in fact, the wrong party may have been paid off! This is why in this day and age assignments (or the lack thereof) are systemically problematic in the chain of title.
Any recorded -)%1*&' placed in the land records by a lienholder may be required by State statute. It is important that the Title Consultant see each of these notices, as it reflects a claim of lien against the Property. On many occasions, there may be evidence of lack of standing by a lien claimant. All lender-generated notices that are filed in the land records can be used to determine whether the lender (or its law firm) is acting with proper authority.
Copies of all KB2JC3=;: and other L>3=: (tax liens, mechanics liens, child support liens, etc. as shown above) are also important because these liens and judgments may be superior to the mortgage lien of record. The Title Consultant needs to see these documents in their entirety to determine whether there are conflicting issues with these liens in the chain of title.
556 !178) >5B5CD: -C< -C!5BB-8A N7<5!5-B <1!7?;C): The following must be obtaineu fiom couithouse couit iecoius in B0TB Ceitifieu anu iegulai copies (one of each; ceitifieu copy foi eviuence anu iegulai copy foi office use):
=== 185D5C-B E;)5)51C )1 >18;!B1:; (if in a juuicial state)
=== >5C-B N7<D?;C) (affecting foieclosuie)
=== <;)-5C;8 #%PQ'H ;F5!)51C C1)5!;: Q E;)5)51C
=== >5C-B )8-C:!85E): (fiom couit pioceeuings, if applicable)
On many an occasion, judicial foreclosure proceedings (in mortgage states) may have already been commenced against the Property. The Lender or lien claimant is attempting to exercise its rights in the Security Instrument by foreclosing on the unpaid (and generally defaulted) promissory note the Borrower signed at closing. If you have a copy of the =@;3, please be sure to include the 3=;>?3 =@;3 for the Title Consultants Review, along with any foreclosure complaints you may have been served with (in deed of trust states, foreclosure is conducted by publication and sale); or notices you may have received in the mail or by process server.
5556 :;!1C<-8A 7C8;!18<;< <1!7?;C):RR The following must be obtaineu fiom souices outsiue of couithouse couit oi lanu iecoius anu may be submitteu in eithei affiuavit anuoi veiifieu foim. These also may only be available as a iegulai copy ieceiveu by mail |please incluue the envelope it came in if possiblej. A veiifieu copy is a copy signeu befoie a notaiy. The oiiginal copy is foi eviuence anu the iegulai copy foi office use):
=== !1??7C5!-)51C >81? -CA B;C<;8 18 :;8F5!;8 (Nost impoitant if the uocument puipoits to be "communication fiom a Bebt Collectoi"; oi puipoits to notify you of change in the lenuei oi seivicei.)
=== <5:!B1:78; C1)5!;: >81? !B1:5CD E-E;8L18O >5B; (Paiticulaily notices affecting tiansfei of youi loan aftei sale anu NERS!)
These documents are subject to review by the Title Consultant depending on their content. Payment stubs and coupons and closing documents are generally >6#$%;:5 in nature and are not considered as part of the chain of title; thus, they are not reviewed as part of the COTA. All other written communication however, is fundamental to establishing a time line as to when the sequence of events are unfolding or have already occurred. Notices of transfer of servicing rights are also important because on many occasions, assignments may be filed in the land records to reflect such changes in servicers. I66 )O %"&'& -)%1*&' CB:; P3 Q?@R>232 >= ;<3>? 3=;>?3;4 %) %"& ;1%6& A)-'+6%.-% O)/ /&81&FH
C3?: 2>:AL@:B?3 =@;>A3: should also be sent to the Title Consultant if you find them in your closing documents. It is uncommon to find these notices as MERS is NOT responsible for !"#$% '#(%%$#) *+,- .#$/"#$# 0 !"#$%12"#$%3#(%%$#4567 *+,- *8$529:;< Page S of S issuing them to you (the originating Lender is). Many times, the originating Lender has sold your loan into the ;$56%@"#? 76#<A"A$ 7"#2$< (through a process called ;$5(#:<:D"<:6%) M;>18; you signed your documents at the closing table! Many of these originating Lenders may be what are known as table-funded lenders which means they are NOT the party that actually loaned you the money even though it may say this on your Security Instrument. Many of these originating Lenders may also be out of business! This too is systemically problematic throughout the United States, especially post-2008 financial collapse on Wall Street!
The title company that closed your loan may also be out of business (post-2008)! If you can locate your owners title policy or copies of any title searches that were conducted as part of your loan closing process, the Title Consultant will be able to review them for potential issues. Copies of your promissory note E<8$;$ C:99 6%9? 3$ 56/:$;) %6< <8$ 6#:A:%"9;F may be available from the title company; however, this outlet should not be your sole source of document procurement. This is why we have real property records in most every jurisdiction of the country that have been statutorily mandated to keep track of property ownership and lien claims against each property.
** (Since the subject of this assessment is not a moitgage loan oi secuiitization auuit, closing uocuments |B0B-1 Settlement Statements, etc.j anu ielateu papeiwoik aie not necessaiy.) + Secuiities & Exchange Commission Bocuments that you might have coulu come in the foim of a uisclosuie that you obtaineu thiough uiscoveiy that was not uiscloseu to you in the oiiginal petition |such as a Pooling & Seivicing Agieementj.