vendredi 26 janvier 2018

Mortgages: Can a Mortgage Be Assigned to Another Party Before the Mortgage is Recorded

My question involves real estate located in the State of: Florida

The basics are as follows: My husband took out a loan against our home on July 7, 2006. The Mortgage document was lawfully signed by both husband and wife, but he is the only one on the associated Note. The Mortgage document was recorded with the County Clerk on July 18, 2006.

The loan originator (Argent Mortgage – now defunct) executed an Assignment of Mortgage (referencing the aforementioned, which was not yet recorded) to MERS on July 13, 2006. The Assignment was not recorded until October 2, 2007.

Question: It appears to me that Florida State law requires the Mortgage to be recorded before it is valid. If this is the case, is it possible for Argent (lender/originator) to fully execute a VALID Assignment of Mortgage PRIOR to the recording date?!?

Question: The Mortgage has been sold, transferred and had numerous servicing agents over the years. If the initial Assignment to MERS is invalid, wouldn’t that inherently invalidate any subsequent transfers?

Question: Assuming that my hypothesis is correct, who is the legal holder of the Mortgage currently?

Any assistance that can be offered would be greatly appreciated. Thank you. :)


Mortgages: Can a Mortgage Be Assigned to Another Party Before the Mortgage is Recorded

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