I came across a scenario where the bank realized a year or more after recording a mortgage that they forgot Page 49"A" on the legal description to the property. The Block was located on this part of the plat. They then recorded a Satisfaction of Mortgage and four months later re-recorded it to correct without stating why they were re-recording it. Not only did they do this to the $5,000 HELOC, but also the $158,000 closed-end mortgage at almost simultaneously intervals. So my question for someone who is an attorney is what is stopping the Borrower from fighting in court and winning? Or for that matter selling the property in between and walking away with a windfall profit? What is the legal recourse? One of my associates at the plant who handles resolution on searches for this particular Lender said that they do this all the time.
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