MCI SERVICES & PRODUCTS
In today’s world of securitized residential mortgages, a Secured Mortgage Loan consists of two parts: (A) the financial obligation (created by the Tangible Promissory Note) which operates in accordance with Federal and State Law, and (B) an enforceable contractual lien instrument (i.e. Tangible Security Instrument, Mortgage, Deed of Trust) intended to provide an alternate method of collection of payment to the Holder of the financial instrument in accordance with State Law. In reviewing the transfer and ownership history of a Secured Mortgage Loan, one must evaluate the negotiation of the financial instrument and consider the laws applicable to the Security Instrument upon said negotiation of the financial instrument.
MCI’s Competent Evidence Package looks at the true sequential ownership of a Securitized Mortgage Loan Security Instrument as evidenced by the documents related to the client’s property filed with the County Recorder’s Office, and compares it to the claims of ownership made by the party attempting to foreclose. The Competent Evidence Package shows what steps SHOULD have been taken in the securitization process in order to become a proper party to enforce the mortgage contract, according to both statutory and case law. More importantly, the Competent Evidence Package shows what steps were ACTUALLY taken in the securitization process, and what steps were NOT taken, and the results of these actions/inactions on the Chain of Title as shown by the County Records.
Many times clients and their attorneys lack competent evidence. The term “competent evidence” is used to refer to evidence that is directly relevant and of such nature that it can be admitted into evidence in a court of law. For a client considering going into litigation, a prior assessment of the potential violations surrounding the Chain of Title of a Securitized Mortgage Loan is a much-needed tool for determining whether there is a valid basis for proceeding with a legal action. The goal is to arm one’s self with indisputable evidence so they may clearly and accurately demonstrate that the claims made by the foreclosing party may be inaccurate and/or fraudulent. In addition to the written Chain of Title Analysis, our Investigators also create a customized infographic/flowchart/schematic to visually represent their findings regarding the path taken by the various parts of the client’s Mortgage Loan and the parties involved in the securitization process. This visual representation is invaluable in making the arguments indisputable and understandable to the clients, attorneys, and judges – A picture is truly worth a thousand words. To view our sample work product, click the link below:
When you save one home, you save the entire community. Our communities did not deteriorate overnight. With every wrongful foreclosure, families slowly begin losing their pride, and communities slowly begin weakening. High risk loans have exacerbated a foreclosure crisis in many neighborhoods. We need to renew our values and restore hope in our families and communities. Wrongful foreclosures also affect another important group - the purchasers. If the title to the property is flawed, the purchasers potentially will not buy or transfer anything. As a result, clear title to real property acquired via foreclosure sales may be in jeopardy.
American’s land record system depends on recording title rights and conveying real property. The recording statutes are as relevant today as they were hundreds of years ago, when the first American colonies created them. Without these guidelines in place, there is nothing to protect property rights, encourage commerce, expose fraud, and avoid disputes; we need an authoritative and transparent source that will clearly tell us who owns land.
When mortgage lenders do not adhere to procedures required by statutory law, they no longer value the role that homes play in family’s lives and communities. Consequently, they also no longer honor equality before the law, which is valued by our constitution.
MCI University educates our clients and other industry professionals in Securitization of mortgage loan instruments as it applies to foreclosure actions and will go over procedures that provide some protection for borrowers/homeowners; MCI University is now offering a ten hour 2 day online training course and will address the following issues and much more:
Please use the form below to
contact us. You can also
Send us an email.
Issues with Quite Title complaints and matters of equity In looking at the many strategies that are being brought forward that pertain to wrongful foreclosure actions; there are none more disappointing than the Quiet Title complaints that state a lot of information, but lack substance, form, and timeliness. There is a misnomer in the application of...