Most of this is just common sense. The whole reason for the existence of Registries of Deeds is to assure that real estate is transferred in an orderly fashion & in accordance with all state laws - not some of the laws - but all of them. We had the problem in Mass of lenders filing Orders of Notice (relating to Soldiers & Sailors) which named a lender, who sometimes, according to record title, did not hold the note. Some of the assignments to "cure" this defect were recorded six months & even later after the foreclosure documents were recorded. It was tantamount to the "Affidavit of Lost Assignment" nonsense we saw a few years ago. I'm not sure if the lost assignment affidavits were recorded any place other than Mass, but what they said was that A bank had lost or misplaced the assignment to B bank, so here's an affidavit from B bank that we can't find the assignment; but just take our word for it - we hold the mortgage note & here's your discharge! Ridiculous. I don't take anybody's word for anything.
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