Distressed Home Sales Hit Snag – Hundreds of Foreclosures have been Deemed Defective by the Title-Insurance Company

Distressed home sales hit snag

‘Hundreds of foreclosures have been deemed defective by the title-insurance company.’

As lenders across the country struggle to sort out confused, sloppy or abusive foreclosure practices, a 2-year-old state mortgage-counseling law in Rhode Island has turned into a stumbling block for many banks trying to move distressed properties off their books.

Mortgage bankers and real estate attorneys across the state say pending sales of homes that went through foreclosure are being stopped by concerns that the counseling requirement has not been satisfied and the title to the property might not be good.

The concerns have prompted title-insurance companies, which investigate land records and write one-time policies guaranteeing clean title, to deny insurance for many previously foreclosed properties.

“It is creating a huge backlog of files of houses that are sitting there in foreclosure status, empty, vacant and not being sold or moved off the inventory of lending institutions,” said attorney James Caruolo, who practices real estate law in Warwick. “This leads to problems with the condition of the homes and unpaid taxes. It ends up hurting the city and neighbors because you are not moving it on to a new buyer.”

The volume and extent of title issues connected with the Rhode Island foreclosure mortgage-counseling law is difficult to estimate. There is no central clearinghouse for pending foreclosure sales or properties caught in legal limbo because of title problems.

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Comments
7 Responses to “Distressed Home Sales Hit Snag – Hundreds of Foreclosures have been Deemed Defective by the Title-Insurance Company”
  1. Anne Hart says:

    Sounds like good legislation, I need to read it. And don’t be fooled. Where there are hundreds there are millions. Millions of bad titles.

  2. charley rice says:

    The curtain has been lifted on the ACT of FRAUD again, which is more confirmation that this of the DOMINO EFFECT of VD that is SPREADING like wildfire. THE PEOPLE ALL KNOW THE FRAUD HAS BEEN EXPOSED FOR YEARS. NOW WE HAVE TO MAKE A STAND BY TAKING ACTION!

    PROTEST THE COURTS, AND DON’T GIVE THEM NOTHING!

    THE CONSTITUTION LAW IS THE LAW OF THE LAND…

  3. Mary says:

    Modifying is being pushed by force ! Pure and simple illegal modifications to give legal justification for new foreclosure rounds to start while they will still be dealing with home owners coming back sueing and getting thier homes back while causeing more caos for some of the homes that , they thought they were legally buying what the hell malicious immoral unjustified ignornces are the banks and the law makers , Causing every one every where should be shutting the phone lines down in the Govenors offices to shut down the corruptions asap . Pa new rules as of Aug 1st 2012 are to heaven forbid causing embarrassment and expenses to the lawyers having to spend money trying to prove thier fraud foreclosures have standing when they are Foreclosure milles racketterering and need to be stopped and sued by the states for frauds and so many other criminal acts it is unbelievable.Phelan Hallinan and Schmieg llp and now in our Case Reed Smith , aiding and abedding the frauds of Phelan Hallinan and Schmieg llps frauds , now that is conspiring when PHS has to push thier wrong doings over to another Law firm to help get themselves out of dutch but no one is stupid when PHS llp has never with drew from the case.. Also so many other PHS llp has already foreclosed on and I hear they are a 50 BILLION dollar company or more ! So why has thier not been more Lawsuits out to stop them or more PLain and simple why has the Govenor not shut them and thier Racketeering Mill DOWN !! Also thier is 1 big lawsuit in on them and thier is Money Laundrying invovled in that suit .
    I hear 20 Billion could be thier losses with that suit . People should sit down read the lawsuit it also invovles Fannie Mae Phelan Brother of Phelan from the Firm , also it involves Title Company from INDIA !!!

  4. talktotennessee says:

    I know of two such properties where in fact title is deficient but it has not stopped the banks from progressing through the foreclosure process. Banks are aware title is deficient in both cases, yet they continue because it is a non-judicial state. You have to remember supporting players implement foreclosure. Servicers, lawyer foreclosure mills, real estate agents, property management, etc all making their cut of the pie. It is a problem with banks having authority to foreclose without being required to prove that right subject to court approval. The industry prepared for what they knew was their Achilles in chain of title. This is where MERS enters.. When signing the note buyers give banks the right to foreclose through MERS. When there was no economic crash the system worked without much stir but now has revealed deficient and fraudulent banking practices. Banks will not be stuck with collateral because the process is not being circumvented even at point of sale. This is not revealed until later in the chain. Banks want to rid themselves of their problems forcing buyers back through their own systems for correction or alternately liquidating their problems for cash, as is, no title search requirement, just money on the barrel-head. An investor buys cash. He then can finance off other properties and sell his acquisition ‘subject to,’ lease to buy, hard money, rental packages, whatever, and everything goes along beneath the radar, out of sight. Think of it as ‘laundering houses,’ similar to ‘laundering money.’ If transferred enough, the matter is lost in the process or resolves itself.
    Regardless, homeowners lose. Rome burns while our legislators turn their backs and ignore banking crime and fraud. There is less motivation to modify and resolve for homeowners now than ever before!

  5. Admit it: You can't foreclose! says:

    Love how they try to throw the mortgage counseling in there as an equal issue- who cares about the counseling if the foreclosure CAN’T HAPPEN ANYWAY?? LOL.

  6. I so hope they get the picture in WA. state.Title companies have been so derilict in thier duties to all consumers and homeowners that are involved in this mess.They should have listened to us all years ago when we tried to tell them that thier system was totaly flawed.But the were so busy having thier heads up the bankers but to listen to us.Now look at where they find themselves,holding the short end of the stick I would say.JMHO.

  7. 1ofthemany says:

    Well how about that …someone else bringing up issues with these thugs fraudulent bu$$ine$$ practice$. pulled the rug out again!!! will it spread…time will tell. This could be huge and a big caveat for the robbers, thieves and murderers. I must say very interesting , TY for this info. Add it to the pile of FRAUD evidence, at one point when going to court to challenge your note, there will be NO way to get around it …One day..Pray tell it will be soon.

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