Foreclosure Defense Florida

Nationwide Title and Weidner Resolve Litigation, Case to Be Dismissed

After reviewing evidence furnished by Nationwide Title Clearing, Inc. (” NTC”), I have removed from my blog prior posts which stated that NTC was a foreclosure document company or that NTC was involved in something that was illegal or improper. My intent was to assist the general public and other attorneys by informing them of something that I believed to be true, but my assertions were based on reports in the press or blogs that, it turns out, did not provide full or correct information about NTC.

Since my blog posts, I have learned that NTC does not sign foreclosure affidavits, nor does it directly facilitate or involve itself in foreclosures as a company.   I have been informed that NTC is a specialized company in the industry and that it provides many services such as searching land records for recorded documents, imaging land record documents, tracking recorded documents, etc. It is my understanding that NTC primarily prepares and signs only two specific documents for land records””lien releases and assignments of mortgages.

The vast majority of the documents NTC signs are lien releases (also known as satisfactions and reconveyances), which are for the direct benefit of borrowers and are recorded when a mortgage is paid in full.  I have been advised that NTC is hired directly by the owners of the loans to prepare these documents, and that NTC does not itself make any decisions regarding on whose behalf the assignments are made or to whom the mortgages are transferred””that decision is dictated by the seller or buyer of the loans.  NTC has advised that it simply provides a service to the mortgage lending industry at or after the time that mortgage loans are initially made.  NTC does not file any documents with the court in foreclosure actions.

There is no evidence that NTC back-dates or falsifies information on these assignment documents.  I may not personally agree with the business practice of granting signing authority to NTC to sign documents on behalf of its institutional clients, but I have been advised that NTC has valid authorizations to sign on behalf of those clients, and there is nothing inappropriate or illegal about this practice. Please note that the assignment documents executed by NTC are different from affidavits in that assignments do not require a statement of personal knowledge by the person signing the document.  The purpose of signing mortgage assignments is to complete the transaction, and the purpose of notarization of the signature on the mortgage assignment is to prove it was signed.  I have been advised that before the mortgage assignments are signed in the presence of a notary, numerous NTC employees have researched, reviewed, and verified the information in the mortgage assignment to ensure accuracy.  Assignments are normally and customarily researched and prepared by people other than the person who signs them. There is nothing wrong with this practice.

In summary, I regret and retract any statement that implies that NTC has falsified any documents or that NTC is involved in foreclosures.  These statements were based on general misinformation that appeared elsewhere in the press and on the internet.  I apologize to NTC and its employees for any harm caused by my posts.

5 Comments

  • ForeclosureHamlet says:

    Could an attorney help me understand this Nationwide Title Affidavit in light of the post above? I’ve found many of these which seem to repudiate the information that has been provided by Nationwide Title.

    https://www.scribd.com/doc/46865258/Nationwide-Title-Affidavit-of-Lost-Assignment-Brian-Bly

  • litgant says:

    Well, Mr. Weidner you are still a great American. If there was a mistake or error on your part, you have certainly corrected that with this post and also by deleting the blog post that NTC found offensive. You did the right thing. If we press for the rule of law in the courts, we must also stand by our own ethic of not making misrepresentations when we are shown the truth. If you are satisfied NTC has given you the verifiable information needed to make an apology, then you are a prince of a man when you worte the above retractions. Keep up the fight for justice. We must not cave in with those guilty of fraud and or criminal conduct.

  • Brendan Riley says:

    To become a security within the SEC regulated Trust, the asset must have first passed through two (2) bankruptcy remote transfer vehicles before the closing date (from the applicable PSA), and because none of the foreclosed assets/homes being foreclosed on now have gone through any of the bankruptcy remote transfer vehicles, let alone within the “acquisition dates” per the PSA (an ultra vires act), the asset(s) simply cannot, by definition, by the documents (PSA) underwich the Trust exists and operates (normally New York Trust Law), become a trust res (property of the trust). As a result, the asset has been forfeited and the Title slandered for decades to come (e.g. unable to insure title). Keep in mind, after accepting TARP stimulus funds, the bank should bear this present risk of loss when considering all the facts, equities, and the rule of law.

  • mogle says:

    NTC is blowing a huge smoke screen and we understand what they did to you, Matt. You had to keep from being destroyed in this battle to help win the war in the end. The person who signs a document, any document, has to be responsible to know that what is written in the document is true, or that person must be liable for fraud when it is found out the statements in the document are not true. They are in fact, “VICE PRESIDENTS”, right? Then why won’t Bank of America give up their “VP” for depo in our case even after a court order to do so? Their answer – well, she signed the assignment as VP for MERS to BAC HLS, not BAC HLS, her employer. A hearing will be held on the 28th. They find unintelligent people who are easily manipulated to sign their names to anything. There just can’t be a legal bone in that, either. The MERS and bank’s real problem – they had not anticipated the power of the internet and online records and have been found out on an unprecedented scale. It would appear that our “government” is going to attempt to “fix” that problem and control the internet. Have I got some news for the “government”!

  • Corvin says:

    The hardest lesson that one learns is the immediate admission of a discovered mistake. Congratulations!

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