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Legal reference to include in CH7 filing re: 2nd mortgage co. not filing deed with county recorder's office.

Asked over 2 years ago - Seattle, WA

I'm pro se in a CH7 case and I need to refer to the code which requires the filing of a deed with the county recorder's office when the 2nd mortgage is transferred to a new company.

My 2nd has been passed around quite a bit and now is owned by GMAC, but they have not filed with the county recorder's office. I can have this mortgage dismissed on this point.

Hope you can help !

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Attorney answers (2)

David Leibowitz

Reputation Level 11

Answered over 2 years ago. Bankruptcy Attorney in Chicago, IL.

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The chapter 7 case and the foreclosure case are different. Failure to file the assignment of mortgage may have different impact in different states. If GMAC tries to foreclose, it may be able to do so even if it did not record the assignment, so long as they can prove that they have an assignment. It does depend on you state's law. If they need to record, they probably can cure the defect by recording. You may want to examine the assignment closely as it may well be defective in several respects.

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David Leibowitz

Reputation Level 11

Answered over 2 years ago. Bankruptcy Attorney in Chicago, IL.

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I did want to add that Melissa Huelsman in Seattle is highly knowledgeable in this area.

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