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Re: Transfer of Servicing Rights During Foreclosure

Posted by Rick, the Probate Guy on April 13, 2008 at 10:37 PM

In Reply to: Transfer of Servicing Rights During Foreclosure posted by larrywwww on April 13, 2008 at 6:47 PM

If you mean, 'Will a transfer of servicing rights jeopardize the servicer's position?' then I'd so no, at least not in CA.

If the servicing had been transferred prior to the recording of the N.O.D., there is an argument supporting the 60 day rights of the trustor that they not be charged with any fees or penalities buring the transition period (shepardizers can have fun with my paraphrasing of the law).

If, as in this case, the NOD had already been recorded, I wouldn't hesitate to take on servicing of this file, as far as that concern goes.

BTW, one of my favorite little plays is to find a non-performing note or other debt, acquire it in the name of one of my entities, and after reverse engineering the facts and circumstances, approach the owner (or their heirs) by my other company in order to solve the problem. I don't think it any of their business to know that I have control of both the problem and the solution. It's been suggeted that I do have "control issues" however.


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