Mortgage Servicing Fraud
occurs post loan origination when mortgage servicers use false statements and book-keeping entries, fabricated assignments, forged signatures and utter counterfeit intangible Notes to take a homeowner's property and equity.
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I initially purchased a house in 2003 with a mortgage from Wachovia. Shortly after, the Title company or closing agent sent me a Warranty Deed from the seller. I refinanced in 2006 with a mortgage originally from Chase.

I am now in foreclosure. Does this 2003 Warrranty Deed  have any relevance  ?

In past mortgages I do not recall ever getting a Warranty Deed and I have recently looked at the documents of 5 other people's mortgages and none have it either.
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William A. Roper, Jr.
Any time that a buyer purchases a property, the buyer should receive a deed from the seller at closing.  This might be a general warranty deed, a special warranty deed or a quit claim deed, depending upon the circumstances of the sale.  This deed may also sometimes include an express vendor's lien.

Since the validity of the Lender's mortgage, deed of trust or other mortgage security instrument is wholly dependent upon the verity and validity of this deed, the Lender will take great care to see that it is RECORDED in the public records immediately BEFORE the recording of the mortgage lien.

For this reason, the closing agent would usually RETAIN the deed for filing after the closing.  Thereafter, the closing agent would return the recorded deed to the buyer and the recorded mortgage, deed of trust or other mortgage security instrument to the Lender.

While the original deed is a valuable document, your interests tend to be fairly well protected by the public recording of the deed.  That is, the fact of recording, and your ability to obtain a certified copy of the recorded instrument is much assurance that your title cannot be reasonably questioned if you lost the original deed.

But this was NOT always the case and there remains some very small peril to your title if you fail to protect your original deed.  The peril arises from the possibility that a calamity could result in the LOSS of the pubic land records.

This was NOT an altogether uncommon occurence in Colonial times.  In those days, if the county courthouse caught fire and BURNED, ALL of the recorded pubic records might be lost.  There are counties within the United States where this happened, sometimes more than once in the infancy of our nation.

Similarly, many courthouses were burned to the ground purposefully during the Civil War, particularly during Sherman's March through the South.  In those places, ALL of the early property records were destroyed.

Records have also been destroyed in natural disasters such as hurricanes(think the Great Hurricane of 1900 and Hurricane Katrina), earthquakes and volcanos.  I do not have specific information about the loss of land records during the New Madrid earthquake, but bear in mind that this earthquake caused the Mississippi River to change course and caused church bells to ring as far away as Boston.  It seems doubtful that many paper records survived the volcano at Pompeii.  Had Mt. St. Helens been nearer to a populated area (and to a repository of public records), there might have been some data loss from its eruption.

Under circumstances of a loss of public records, it was not uncommon for the legislature or county commissioners or court to make provisions for the renewed proof and recording of instruments.  That is, you would be invited to RE-PRESENT your deed for recording in the newly created and reconstructed records.  A court might hear evidence as to the authenticity of each record presented.  This was done in Anne Arundel County, Maryland, about 1700, as I recall, and the process has been repeated more times than you might imagine.


With modern computerized digital records, including provisions for off site backups, there is far greater assurance that records could probably be reconstructed from an off site backup copy in the case of a single fire.  But there are a variety of other calamities that could occur which could put ones title at far greater risk, as with a terrorist precipitated nuclear event, a nuclear exchange, revolution or occupation of some portion of the sovereign territory of the United States or another national disaster of epic scale.

This may also sound very remote, but you ought to be mindful of the ongoing casualties in the drug wars in Mexico and ask yourself just how different this lawlessness is from that of Pancho Villa in 1916.  Moreover, many of the remaining problems in the Balkans today arise from the removal and/or purposeful destruction of land records during the War in Bosnia and the conflict in Kosovo.  It is hard to rebuild there, in part because ownership of the land cannot be ascertained with certainty!

There are also some similar problems within certain areas of Iraq.

Anyone who owns real property should take care to secure the deeds as proof of ownership should the recorded records be destroyed or subject to tampering.

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