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Can i be evicted by some one who do not hold the deed to my property see below

I am being evicted from my home by my lender, i came to find out that my title company did not clear my title at the time of purchase. Another company has my deed has leans on my dwelling and has been trying to action it while i have been making payments to the mortgage co. Now the mortgage co has filed with the county for eviction process. Can they evict me if they are not the deed holders.

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Attorney answers (1)

Reputation Level 14
As a general rule, only the record title holder (owner) has standing to pursue evictions. It some cases the deeds of trust contain assignment of rents clauses and allow for the holder of the note to have a receiver appointed and/or otherwise seize control of the property which could give them standing to pursue evictions. Before spending a lot of money on what may be a futile eviction defense, some further investigation of the standing of the mortgage co would be recommended.

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