You can't make this stuff up.
Only once before have I had to leave the *owner* space blank on my title report. Here's the scenario & I think I know who owns the property, but I am leaving it up to the attorney to detangle.
Miss A bought a piece of property in 2005 & way overpaid for it. She took out mortgage after mortgage, all to places like Option One, New Century, C'wide.
Her first foreclosure is a complete mess. The Order of Notice is by the wrong entity & all the subsequent foreclosure documents are by the same *wrong* company. The assignment to that company isn't recorded until 6 months after the sale, although the internal dates are ok. The possession, if it's valid, ripened 3 years after the foreclosure deed in 2007, in 2010.
Meanwhile, her other mortgage that was junior to the mortgage listed above, was foreclosed, but they stopped short after the possession. Nothing else was recorded after that. That possession in 2009 has also ripened.
Thus, the first mortgage that was foreclosed was invalid; but the possession is first in time even though it was by the wrong entity. The second mortgage which did have all its ducks in a row in terms of assignments has a possession that has ripened; but which is junior to the first mortgage which I am treating for all intents & purposes, as still outstanding.
The part I like best is that both banks are going to be dead in the water with this one, because she stopped paying her real estate taxes years ago & while the tax taking is listed as property owned by the prior owner, it is within 4 years of the sale to Miss A.
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