Saturday, November 6, 2010

Foreclosing Lender Actions In Robosigner Scam Targeted By Kentucky County Court Order; Other Bluegrass State Jurisdictions Expected To Follow Suit

In Kenton County, Kentucky, DSNews.com reports:

  • Kenton County, Kentucky, which has the third highest volume of foreclosures in the state, has enacted a general order impacting the filing of all foreclosure complaints in its courts.

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  • Kenton County’s order(1) will have a wide ranging impact on mortgage servicing clients, including timelines relating to the filing of first legal action in Kenton County, with many other counties throughout the Commonwealth expected to follow suit.

For the story, see Kentucky County Court Order Impacts Foreclosure Complaint Filings.

(1) Reportedly, the Kenton County court order requires all foreclosure complaints filed in that county to be accompanied by:

  • an affidavit certifying that the plaintiff is the owner and holder of the note and mortgage and identifying the plaintiff as the original holder or an assignee, trustee, or successor in interest of the original holder,

  • a copy of the note and recorded mortgage with copies of all allonges, endorsements, and assignments necessary to document the chain of title to both the note and the mortgage,

  • documents establishing the plaintiff as the successor in interest if any merger, change of trustee, or other transfer issue has taken place.

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