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    CBurnett1's Avatar
    CBurnett1 Posts: 2, Reputation: 1
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    #1

    Jan 12, 2011, 01:00 PM
    Reversing a writ of possession
    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.
    AK lawyer's Avatar
    AK lawyer Posts: 12,592, Reputation: 977
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    #2

    Jan 13, 2011, 07:11 AM
    And your question?

    What, by the way, is your legal interest in all of this?
    excon's Avatar
    excon Posts: 21,482, Reputation: 2992
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    #3

    Jan 13, 2011, 07:13 AM

    Hello CB:

    You might be right.. Have your attorney file something...

    excon
    CBurnett1's Avatar
    CBurnett1 Posts: 2, Reputation: 1
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    #4

    Jan 14, 2011, 01:19 PM
    Comment on AK lawyer's post
    So what your meant to say is Breach of Contract ?
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #5

    Jan 14, 2011, 01:22 PM

    First please don't use the Comments feature to post follow-up. Use the Answer options instead.

    You haven't explained what you think this info means to the property or to the foreclosure process. Or what you want to know about it.
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