Chain of Title

Chain of TitleThis page will provide general legal information about the topic of Examining the Chain of Title and how it may relate to foreclosure defense. All information contained on this website is general in nature, and should not be construed as legal advice or a substitute for legal advice. Although we have tried to be as accurate as possible, the following information may be inaccurate, missing some information, or outdated – as law can frequently change or become modified. If you have questions about your case, please contact a foreclosure defense or bankruptcy lawyer in your area. Please note, comments posted to this blog and emails sent to us are NOT confidential and do not create an attorney-client relationship.

General Information on reviewing Chain of Title if the Lender is seeking to Foreclose:

  1. Check to see who is claiming to be the lender in the Notice of Default / Notice of Sale (You may want to send out a debt validation letter to them and ask them for a Copy of the Note and Proof the Debt is owed to them.  This helps lay the foundation for a “Produce the Note” strategy where you have other valid and good faith claims to file suit.
  2. See if there was a ‘Substitution of Trustee.”  There are specific rules that must be followed when a lender seeks to Substitute a Trustee (if the rules are not followed, then the foreclosure can be challenged)
  3. Are there any other “irregularities” in the chain of Title.

These are just a few things we look at when we get a new foreclosure case.  There are other items not mentioned here that may also arise.