Recorded Documents: Who Loses When A Document Is Not Properly Indexed?

Unfortunately, in foreclosure cases the title insurance companies are part of the problem. Servicing cyber-software platforms like VendorScape, LPS Desktop, etc. are trademarks that through assignments have been linked to Fidelity and American Title. Litigation Guaranty(s) in many cases fail to recognize bankrupted pre-tender lenders or fake lenders like American Wholesale Lender (which deserve a special notation) that are known to be defunct because the last forged assignment appears in the land records indicating a transfer from the now living-dead – usually by a nationally known robo-signer.

This stems from a failure to accurately assess title records by using their sophisticated means of data gathering through public records, such as court filings. For example, a 2009 assignment of mortgage by a bankrupt New Century Mortgage Corporation (petition filed April 2, 2007) without the liquidating trustee’s signature or bankruptcy court order ought to raise a red flag and certainly would make a reference to the assured as “New Century Mortgage Corporation, an existing California corporation” as of July 29, 2009 suspect… Especially when California revoked the debtor’s business licenses as of October 4, 2007. These issues should be noted on any report.

The point is – do not rely upon title searches. Do your own detailed investigation and “trust but verify.”


Agin v. Dookhan (In re Hultin), 516 B.R. 190 (Bankr. D. Mass. 2014) –

A chapter 7 trustee sought to avoid a transfer of the debtor’s real property using his “strong arm” powers based on an argument that the deed conveying the property did not provide constructive notice since it was not properly indexed in the real estate records.

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