CBurnett1
Jan 12, 2011, 01:00 PM
I recently discovered new information regarding a foreclosure. It appears the deed of trust filed with the note in the county courthouse was "a dead instrument".
The original lender sold the obligation to another entity and did not reassign the deed to the new holder of the mortgage obligation. Under Va Code 55-66 it states when a lender sells and obligation, a reassignment of the deed with the current holder of the obligation must be accompanied by a written assignment.It appears in law the property was unencumbered and collection rights granted by the deed of trust to the original lender did not exist.
The original lender sold the obligation to another entity and did not reassign the deed to the new holder of the mortgage obligation. Under Va Code 55-66 it states when a lender sells and obligation, a reassignment of the deed with the current holder of the obligation must be accompanied by a written assignment.It appears in law the property was unencumbered and collection rights granted by the deed of trust to the original lender did not exist.