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 Post subject: Chain of title issues: Resolving a missing Assignment
PostPosted: May 15th, 2010, 8:41 pm 
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Joined: October 2nd, 2009, 4:52 pm
Posts: 17
On a CA Note I had been looking at , the Chain of assignment had a missing assignment. The assignor in that chain had gone bankrupt and no longer available.
The Assignee offered to issue a lost Assignment affedevit which would be recorded in the county recorder.
Would that suffice to build the chain of assignment?
Will that be enough to get the 104.1 endorsment to the original title insurance?


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 Post subject: Re: Chain of title issues: Resolving a missing Assignment
PostPosted: May 18th, 2010, 8:26 am 
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Joined: October 2nd, 2009, 4:52 pm
Posts: 17
The Title company in this case (Old republic Title Co) refused to issue a 104.1 title endorsment because of the missing assignment issue. They were not happy with the affedevit if lost assignment.

The seller has a original note and it had been performing for last 1 year.
The seller had a comment that over a year ago , when the forclosure was filed in CA , the trustee took out a trustee sale gurantee and had the NOD and Notice of Sale published with no issues....per the seller the note holder had all the rights even with the missing assignment of Deed of trust.

So a recorded lost assignment affedevit by the assignee good enough for a lost assignment


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