I have recently done two titles coming out of foreclosure and ran across these Affidavits of Lawful Ownership. .
Each Affidavit states that the foreclosing mortgagee has (or had) no legal standing to foreclose due to inaccuracies (& fraud) in the internal foreclosure documents that aren't recorded. Attached to the Affidavit are copies of those internal mortgage documents which purport to show inaccuracies as to execution. There is also a recital of a refusal to quit the premises.
Has anyone else seen these Affidavits? I believe they are an attempt to throw a monkey wrench into the foreclosure process; but in one case the mortgagee recorded right over the Affidavit with no curative statement about the Affidavit & in the other case the Affidavit was recorded 7 years after the foreclosure which is somewhat odd because in Massachusetts, the Entry/Possn ripened in 2014 extinguishing the mortgagor's interest.
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