If you discover an error in the assignment of mortgage ie...note not assigned, just mortgage and new bank is pursuing foreclosure - how does one proceed? I filed papers once and judge stopped the sale. That case has been open and no activity for several months. Now, there is a new lis pendens case filed. The break in title does not seem to have been satisfied. Indy Mac was original bank. How can there be two pending Lis Pendens?
Florida law does not require the recording of an assignment to transfer ownership of a loan, only to put unnoticed third parties on notice. Loans can be, and usually are, transferred in bulk transactions of many millions of dollars. The lack of an assignment will not provide you with any sort of viable defense.
A Lis Pendens has no function other than to provide notice of the pendency of litigation relating to a claim to the subject property. Whether there is one or two or more is immaterial.
If you are seriously interested in trying to defend this action, you need to retain a knowledgable financial services litigation attorney.
Please note that the above is not intended as legal advice, it is for educational purposes only. No attorney-client relationship is created or is intended to be created hereby. You should contact a local attorney to discuss and to obtain legal advice.
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Real Estate Attorney
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I strongly recommend that you consult with an attorney regarding the particulars of your case. I also recommend that you retain an attorney to help you defend the foreclosure action. Many attorneys on here, including myself, offer free initial consultations.
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