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Chain of Title Assessment

Item Number 1034
Chain of Title Assessment
Chain of Title Assessment
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Description

COTA

HISAdvocates Chain of Title Investigation Chain of Title Analysis of documents purporting to pass a claim of [legal] enforceable right of possession or ownership [true sale] to a securitized Mortgage Loan tangible promissory note and Security Instrument. HISAdvocates compares hearsay alleged colorable claims to ownership, possession, and rights to the mortgage loan instrument as to Federal and State specific Statutory Requirements of Law- Uniform Commercial Code or States’ Equivalent, Local Laws of Jurisdiction, and Case Law to identify what LAWFUL RIGHT may have been conveyed during a purported true sale.

HISAdvocates is the framework of a Declaratory Judgment to identify if an Assignment of a Security Instrument was legally eligible for recordation and whether the new assignee is a true party in interest to real property.  A Sworn Factual Affidavit states the findings of the documents investigated by licensed professionals, both in public and court record.

Focus of Investigation:

  • The union of all elements constituting the “legal right” to control and dispose of real property as alternate means of value to the promissory note. 
  • The “legal link” between a person who owns property and the property itself [Deed].
  • The “legal evidence” of a pledged person’s ownership rights (interests) in real property
  • The conditions necessary to acquire a valid claim to real property

The Chain of Title Investigation is comprised of: 

  • A customized securitization flowchart (if possible) detailing exactly what happened to the various parts of the client’s Mortgage Loan Instruments
  • Applicable Trust Law for the State where the securitized Trust is held
  • Definitions and visual examples of the different kinds of “indorsements” (to properly argue against the banks’ claims of “indorsement in blank”)
  • Analyzing the PSA and 424B5 Prospectus Supplement of the RMBS Trust, or GSE Handbooks, to prove the Trust didn’t follow its own guidelines
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