Category Archives: Uncategorized

The battle over foreclosures is pushing the envelope for legal strategies in court cases all over the country. One of the fastest growing trends appears to be the use of quiet title actions to resolve difficult scenarios. Both lenders and … Continue reading →

From the mid-1980′s forward there were about 20 years where foreclosure investing was a hot area for entrepreneurs. Individuals looked toward foreclosure auctions and bank REO property to get properties at a discount to then resell in the traditional market. … Continue reading →

Is the previously uncommon quiet title action becoming a tool in foreclosure conflicts? In prior articles I wrote what we were seeing more instances of quiet title actions used by both lenders and borrowers to resolve difficult mortgage controversies. A … Continue reading →

“In an opinion that will likely preserve the validity of hundreds, if not thousands, of mortgage foreclosures across the state, the Michigan Supreme Court recently confirmed the ability of Mortgage Electronic Registration System (MERS) to perform non-judicial foreclosures by advertisement … Continue reading →

Pending CFPB rule could lead to flood of foreclosure challenges - If the Consumer Financial Protection Bureau wishes, it could allow borrowers to challenge future foreclosure actions by questioning whether the loan was a “qualified mortgage” in court. Are Non-Traded REITs Finally Headed Toward … Continue reading →

As the issue of the nominee trustee / MERS mortgage processing becomes more commonly known, many property owners are curious to discover if their mortgage is held by the electronic recording system. To figure out if you have a MERS … Continue reading →

2011 was an eventful year for AFX LLC, and AFX Search. The title document research business at AFX LLC included significant events such as providing expert witness testimony for the US Department of Justice. Two executives of the company, myself … Continue reading →

Robo-signing, MERS, and foreclosure defense are familiar terms to real estate professionals and the general public. News stories cover the missing assignment chain problem, borrowers using quiet title actions, and banks coming to foreclosure proceedings with missing MERS documents. While the housing … Continue reading →

No single section of the real estate industry has a monopoly on fraud. It seems that lenders, borrowers, agents, and attorneys are all represented in the long list of fraud schemes acted out in the market. From the blatant to … Continue reading →

There are as many opinions on what caused the real estate crash as their are those with opinions. Depending upon who is asked, it could have been MERS, Wall Street banks, greedy Realtors, greedy home buyers, greedy home sellers, speculators, … Continue reading →