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Andrea, Esq.
Andrea, Esq., Lawyer
Category: Real Estate Law
Satisfied Customers: 12554
Experience:  I have practiced law for 25 yrs. with an emphasis on real estate, business law, criminal defense and family law.
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Please explain me what does it mean that A broken chain of

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Please explain me what does it mean that A broken chain of assignment renders the Deed Of Trust Void and enforceable. If my original loan was with First national bank of Arizona the sold to GMAC and now to NY Mellon bank how can I check chain of assignment and how to authenticate that chain of assignment is not broken

Hi, my name is XXXXX XXXXX I helped you with this question a few days ago.


Please allow me to explain it another way. Each Assignment of the Deed of Trust will recite all the previous Assignments so that if you go to the Recorder's Office and you look for the last Assignment to the current holder of your Deed of Trust, it should recite all of the previous Assignments, from the original lender which you said was First National Bank of Arizona, it will recite the Assignment by the First National Bank of Arizona to GMAC, the date of the Assignment to GMAC, the date that the Assignment was recorded; then it will recite the Assignment of the Deed of Trust to New York Mellon Bank, the Date of the Assignment, and the date on which it was recorded in the Office of the Recorder of Deeds. If you go to the Office of the Recorder of Deeds for the County in which the property is located and ask for the Assignment of Deed of Trust, you should see all of the above information on that Assignment. If all the previous Assignments, starting with the original lender, up to the current holder of the Deed of Trust are not there, then there is a "break in the chain of Assignments.


If you see that all of the Assignments are included in this latest Assignment, then there is no break in the chain of Assignments, but, you can ask the current lender to produce the original Deed of Trust because the original Deed of Trust must be transferred to the new lender with each Assignment,


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Customer: replied 4 years ago.

Your answer are very helpful. I am very happy that I am getting the good information which will help me draft motion to dismiss. Thanks

You are very welcome, I am glad I can help,