FACT - Nearly ALL mortgages were securitized, only they never legally transferred it into the Trust. They didn't do the required paperwork to transfer securing TITLE.
NO TITLE - NO FORECLOSURE!
There is a unknown 'black market' chain of debt ownership, causing most loans to be allegedly 'owned' by totally different entities AT THE SAME TIME. And the two are NOT 'talking' to each other.
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What Makes TitleTracs Different?
TitleTracs is very different, unlike any other securitization or forensic audit. We take data from many sources, including portals reporting to investors on Wall Street, then we time line events,
analyzing the information from both the debt and title sides of the transaction. We follow the money. This provides a unique yet accurate view of what is
REALLY occurred in your entire transaction. It WILL surprise you, giving you options you never before considered.
What TitleTracs Won't Do.
TitleTracs does NOT rely on the accuracy (or inaccuracy) of what appears in county land record, nor do we take documents at face value, as do title and other research companies.
We
scrutinize the validity of documents and the events surrounding them as well as other pertinent details to
determine IF what is being alleged is accurate and true, affecting loan enforceability and title clarity.
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Your Loan Is Likely Unsecured!
TitleTracs can locate your loan in investor portals on Wall Street. We can determine IF your Note (debt), mortgage (security instrument) and title have taken different paths of ownership. In most cases
they have, making your loan no longer secured by title to the property. No title, there can be NO LEGAL FORECLOSURE. TitleTracs has developed proprietary analytics that no one else has to determine
precisely WHO owns your loan. In many cases, it may be impossible to determine.
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TitleTracs Will Determine:
IF the current owner of subject property holds a clear and marketable title;
IF the lender claiming ownership of your loan is the current legal, true owner.
IF and WHEN your loan was securitized.
IF the alleged entity being paid each month has any right to take your payments or foreclose
It's Vital to Understand the Real Estate Transaction
Understanding each element in the real estate transaction is critical to seeing what may have gone wrong in your
transaction (most likely to your advantage).
KNOWLEDGE IS POWER. Use it to YOUR advantage.
1
The Promissory Note
The PROMISSORY NOTE is evidence of the debt itself. As such, you can have a Note without a
Mortgage/DOT, but you can NEVER have a Mortgage/DOT without a Note.
A good analogy was used by the AZ Appellate Court in Best Fertilizers of Arizona, Inc vs. Burns (117 Ariz. 179. 571 P.2d 675), whereby the Court stated "the Note is the cow and the tail is the Mortgage. A cow can survive without a tail, but the tail cannot survive without the cow."
IF a Note does NOT have a proper chain of endorsements appearing on the ORIGINAL document, legal transfer did NOT happen.
2
The Mortgage/Deed of Trust
A Mortgage/Deed of Trust (DOT) does not convey title, it is merely a lien against title
until the debt is satisfied. Legal title is the ownership of property that is enforceable in a court of
law, or one that is complete and perfect in apparent right of ownership and possession, unlike
equitable title, that carries no beneficial interest in the property. Upon satisfaction of the lien, the
homeowner will hold both equitable and legal title.
IF your mortgage took a different path than the debt (Promissory note), your loan BECAME UNSECURED. THEY CANNOT TAKE THE PROPERTY AS PAYAMENT FOR AN UNSECURED DEBT.
3
The Deed
The DEED (not to be confused with a Deed of Trust) is the recorded
document that memorializes and transfers TITLE ownership to another
and should be recorded in county land record where the property lies. TITLE is the
rights to property in which a party may hold a legal or
equitable interest - each covers all the things they can and can't do with the property as its
owner. There are several different kinds of Deeds, having their own risks, so beware and ask questions.
Only the true owner(s) name appears on a Deed, as Grantee. A lender's name will not appear on the title document itself.
4
Clouded or Unmarketable Title
Proper conveyance of title should always follow the same path as the debt
instruments (promissory note and securing Mortgage or DOT). However, this may not be the
case, as title, the DOT/mortgage and the debt may have taken completely different paths,
effectively 'clouding' title ownership. Independent audits of various county land record
systems nationwide have shown that
over 84% of the recorded documentation contains some element of error, causing breaks in the
chain of title.
Importantly, legal transfer into a REMIC Trust must occur as dictated by the Trust's governing documents,
tax code, securities and trust law. If not, there was no legal transfer.
A Title Policy Only Gives You Half the Picture
A 'clear' title policy only gives you half of the picture.
Just because
a title company says your title is "clear," does NOT necessarily mean you have clear title. It's just clear for what the standard policy covers (liens &
encumbrances), accepting what appears in county land record as being accurate. However, independent audits nationwide have found that
over 84% of the documents recorded into Official County Record have been
proven to be false, inaccurate or missing and a title company will NOT catch it.
Title companies are not knowledgeable nor set up to identify fraudulent documentation or events. They lack the necessary resources and an in-depth understanding
of the securitization process and what it actually takes to transfer a loan into a mortgage-backed security.
TitleTracs will analyze very complicated issues, simplifying them using time line diagrams, irrefutable evidence and easy explanations, to present an accurate
and complete view of all events within your entire ownership history.
TitleTracs can provide expert witnesses, having extensive background in mortgage, securities and banking as it would apply to your circumstances.
It is vital that you know precisely where you stand, at all times.
Foreclosure or already lost a home?
Foreclosure is an attempt to ENFORCE collection on a defaulted debt - not necessarily OWNERSHIP of it.
If the TITLE no longer secured the mortgage, which happens almost immediately after it was signed if the loan was
securitized, they can't take the property as payment for the unsecured debt.
The debt may or may not still exist (most often not), however who should rightfully be paid? Where did your money go and was the mortgage-backed security paid, having a proper accounting? Most likely not.
If the Note, mortgage and title took different paths, title to the home is taken out of the picture as title is clouded.
You could still own TITLE even though the loan was sold at auction, as title stopped at your transaction.
A new buyer, despite having a Trustee's Deed, never received clear, marketable title as it was derived by fraud.
KNOW PRECISELY WHERE YOU STAND... and where they don't.
Current On Your Mortgage? This STILL affects you.
Are you sure your mortgage payments are being properly applied to your principal? How can
an accurate accounting be done IF it is determined that the lender/servicer collecting
your payments is really a stranger to the transaction?
It is Critical That You Find Out. You may have OPTIONS you are unaware of that can change everything.
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TitleTracs Puts Homeowners In the Driver's Seat
If we find problems, it's up to YOU to decide how you want to resolve them.
This is the quickest resolution if you don't mind "negotiating with the devil" who compromised your ownership to begin with and may not
even own the loan. However, it does cut things short. You can re-negotiate with your present alleged lender OR find a new one AFTER you've
presented your TitleTracs evidence. And if they don't work with you, you can file an action to "quiet" title to remove them completely.
Should we determine a false lender is claiming ownership to your loan but has NO standing, contact an attorney.
Many offer free consultations. Homeowners can file legal action to
"quiet" title to have the false claims removed entirely. The loan may still exist - but to whom do you pay? A Quiet Title
action is usually not a whole drawn out legal process like a foreclosure lawsuit that can last for years.
Many homeowners just want to avoid a foreclosure and sell the property for what is owed on the mortgage, not having to worry about it any longer. Our investors
will do everything possible to work with you to suit your needs.
Many homeonwers would like to keep their home but are unable to, due to immediate circumstances. Our investors can
take over title, resolve all affiliated liens while you lease the property.
You do not have to move out. Then, upon successful resolution of the outstanding debt, we will sell the property back to
you at half market value, restoring equity in the property. Call us to see if your property qualifies for the program.
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Residential & Commercial Property Owners & Investors
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before you buy or refinance
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