It is often true that the best challenge is after a foreclosure is complete. I know that sounds crazy. But tonight we will discuss tactics and strategies in foreclosure defense in which we can hang the evil-doers by their own paperwork. It’s true that eventually, the truth comes out — or at least part of it. When the “credit bid” is moved around and the deed from foreclosure is granted, the party involved is often not the named party who sued you or on whose behalf the Notice of Default was sent.
Here is some of the wording that we will look at and analyze:
This Deed is made by Paul M. Halliday, Jr., as Successor Trustee and a member of the Utah State Bar, under the Trust Deed described below, in favor of U.S. Bank National Association, as Trustee, successor in interest to Bank of America, National Association, as Trustee, successor by merger to LaSalle Bank National Association, as Trustee, for LXS 2007-8H, ASSET-BACKED NOTES, SERIES 2007-SH, P.O. Box 619080, Dallas, TX 75261-9741, as Grantee.
WHEREAS, on XXXXXXX, 2007, ZZZZZZZZZZZZZ,, as Trustors, executed and delivered to Meridian Title, as Trustee, for the benefit of Mortgage Electronic Registration Systems, Inc. as nominee for Varent Inc., a Utah Corporation, its successors and assigns, as Beneficiary, a certain Trust Deed to secure the performance by the Trustors of obligations under a Promissory Note of the same date executed and delivered for a valid consideration to the Beneficiary and the Trust Deed having been recorded in the office of the Utah County Recorder on XXXXX, 2007, as of Entry No. XXXXXXX:2007, describing the property set forth below; and
WHEREAS, Paul M. Halliday, Jr., was duly appointed by the Beneficiary as Successor Trustee by a Substitution of Trustee recorded in the Office of the County Recorder of Utah County, State of Utah, on XXXXXXX, 2015, as Entry No. XXXXXXXX:2015;