Some of our lender/servicer clients buck when we request "proof" of assignments into the current lender or owner of the note and beneficial interest in a trust. But a quick read of this ABA Journal article informs of the importance of this simple inquiry.
In the posted story, well known institutions were found to have misrepresented the authenticity of assignments into the named plaintiff. The court found that the plaintiff did not own the mortgage it was suing upon, at the time the complaint was filed.
The Florida court went on to suggest that the law firm employees involved should be deposed to examine their possible complicity.
Due diligence is everything.
