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To: Dale Baker who wrote (82681)9/22/2009 10:55:13 PM
From: Cogito Ergo SumRespond to of 118717
 
I often wondered how packaging and reselling mortgages really worked . So that's it :O)

Yikes..



To: Dale Baker who wrote (82681)9/23/2009 8:23:20 AM
From: tom popeRespond to of 118717
 
has no standing to foreclose because it never was a party to the contract

Interesting concept. Does it imply that if you buy a third party obligation you have no standing to sue for non payment because you were not a party to the original contract????



To: Dale Baker who wrote (82681)9/23/2009 9:08:27 AM
From: IRWIN JAMES FRANKELRead Replies (1) | Respond to of 118717
 
Kansas foreclosures are judicial in contrast to a trustees sale by publication. So you have a judge looking at everything. (Kansas judges tend to be technical.) There is a lot of controversy nationwide on whether the holder of an asset must prove the entire chain of title to prevail in court and just what you must do to accomplish that. Some courts are requiring affidavits at every step in the transfer process for what happened. As a practical matter, the infrastructure does not exist to do that. My guess is that the case in Kansas turns on the failure to prove the chain of title and the documents granting the management rights.

I will pull the case and read it.

ij