![]() Viewing the general information here, including your receipt or transmission of information hereof does not alone create or constitute an attorney-client relationship or ensure confidentiality. Nothing on this or associated pages, documents, comments, answers, reviews or other communications, including the above post, should be taken as legal advice for any individual case or situation or relied upon as a substitute for engaging legal counsel, nor does it constitute advertising or a solicitation. The above answer is for general information purposes and is offered as a service to the public. Website: Atlanta, Marietta, Lawrencevile, Duluth, Alpharetta, Buckhead Congress has designated Ashman Law Office as a debt relief agency that can help people file bankruptcy. I am also required to advise you, if your question concerns bankruptcy, that the U.S. federal tax advice provided in this communication is not intended or written to be used, and it cannot be used by the recipient or any other taxpayer (i) for the purpose of avoiding tax penalties that may be imposed on the recipient or any other taxpayer, or (ii) in promoting, marketing or recommending to another party a partnership or other entity, investment plan, arrangement or other transaction addressed herein. To ensure compliance with IRS Circular 230, any U.S. Nothing in my answer should be considered as tax-advice. There is no right to rely on the information contained in this communication and no attorney-client relationship is formed. Any information in this communication is for discussion purposes only, and is not offered as legal advice. I am happy to discuss possible representation with you. An email also does not retain my office, but can help you get an appointment set if you prefer not to call). In that a forum such as this provides me with limited details and doesn't allow me to review details and documents, it is possible that answers here, while meant to be helpful, may in some cases not be complete or accurate, and I highly recommend that you retain legal counsel rather than rely on the answers here. ![]() Do feel free to call me at 40 if you wish to discuss actual representation (the phone call also does not retain counsel that requires an office visit and appropriate paperwork). ![]() In answering you, I am attempting to communicate general legal information and am not representing you (and am not your lawyer). If you find this answer helpful, please mark it here on AVVO as helpful. This could prevent the trust from foreclosing on your home altogether.īusiness. Long story short, if the transfer method violated the pooling and servicing agreement, and the agreement has not subsequently been modified to allow for such a practice, then the late transfer is probably void. Most of these securitization trusts have the same kinds of provisions because they are REMICs and can run afoul of the Revenue Code and run the risk of losing their REMIC status by transferring property in and out after the closing date. In other words, the trust was probably required to hold legal title to the property prior to the closing date. I took a quick look at your trust's pooling and servicing agreement, and it appears to indicate that Assignments can be recorded after a borrower default, but that they needed to be EXECUTED AND IN THE CUSTODIAN'S POSSESSION prior to the trust's close.
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