That's pretty much the way non-judicial foreclosures go in MS, as well. The biggest issues from a title searchers standpoint are errors in the notice of sale and improperly executed deeds of trust, assignments and substitutions of trustee. Everything has to be properly recorded in the public land records before the sale can even be advertised, so the kinds of issues bedeviling the judicial foreclosure states don't seem to be happening here. In spite of that, I've seen very few flawless foreclosures, mostly due to improperly executed docs and typos in the notice.

I've never actually attended a judicial foreclosure. If someone would run down the process as its done in the judicial states, I would be grateful. I'm guessing that the big difference must be that docs are not recorded in the public records, but are only produced as needed in the courtroom. So a verifiable chain of assignments, for example, is not always available. Have I got it right?

to post a reply: login - or - register