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SECURITIZATION ANALYSIS REPORT

prepared for
Rickie Walker

For Property Address: 3830 Whitney Oaks Dr.

Prepared on: April 30, 2011

By: Sarah Johnston

SECTION 1:

TRANSACTION DETAILS
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COPYRIGHT 2011 , COPYRIGHT 2011 -All Rights Reserved-

BORROWER & CO-BORROWER:


BORROWER Rickie Walker CURRENT ADDRESS 3830 Whitney Oaks Dr. CO-BORROWER N/A SUBJECT ADDRESS 3830 Whitney Oaks Dr.

TRANSACTION PARTICIPANTS
MORTGAGE BROKER MORTGAGE SERVICER MORTGAGE MORTGAGE NOMINEE/BENEFICIARY

N/A

JPMorgan Chase N.A.

Mortgage Electronic Registration Systems, Inc P.O. 2026 Flint, MI 48501, 2026

ORIGINAL MORTGAGE LENDER Bayrock Mortgage Corporation 11575 Great Oaks Way Suite 300 Alpharetta, GA 30022

MORTGAGE TRUSTEE

TITLE COMPANY

Financial Title Company 1430 Blue Oaks BLVD 150, Roseville, CA 95747

Financial Title Company 1430 Blue Oaks BLVD 150, Roseville, CA 95747

SECTION 2:

SECURITIZATION

SECURITIZATION PARTICIPANTS:
ORIGINATOR/LENDER SPONSOR/SELLER DEPOSITOR

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Bayrock Mortgage Corporation 11575 Great Oaks Way, SUITE 300, Alpharetta, GA 30022 ISSUING ENTITY

EMC Mortgage corporation

TRUSTEE

MASTER SERVICER/ SERVICER

Bear Stearns ALT-A

Financial Title Company 1430 Blue Oaks BLVD 150, Roseville, CA 95747

JPMorgan Chase N.A.

CUSTODIAN

CUT OFF DATE

CLOSING DATE

April 1, 2007

On or about April 30, 2007

$522,102,000 (Approximate) Depositor EMC Mortgage Corporation Sponsor and Seller Bear Stearns ALT-A Trust, Mortgage Pass-Through Certificates, Series 2007-3

http://www.sec.gov/Archives/edgar/data/1393737/000106823807000550/bsalta20073_prosupp.htm

SUMMARY OF PROSPECTUS SUPPLEMENT The following summary provides a brief description of material aspects of this offering and does not contain all of the information that you should consider in making your investment decision. To understand all of the terms of the offered certificates, read carefully this entire prospectus supplement and the entire accompanying prospectus. A glossary is included at the end of this prospectus supplement. Capitalized terms used but not defined in the glossary at the end of this prospectus supplement or in the following summary have the meanings assigned to them in the glossary at the end of the prospectus. Issuing Entity....................................... Bear Stearns ALT-A Trust 2007-3. Title of Series...................................... Bear Stearns ALT-A Trust, Mortgage Pass-Through Page | 3
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Certificates, Series 2007-3. Cut-off Date......................................... April 1, 2007. Closing Date......................................... On or about April 30, 2007. Depositor............................................ Structured Asset Mortgage Investments II Inc. Sponsor.............................................. EMC Mortgage Corporation, an affiliate of the depositor. Master Servicer...................................... Wells Fargo Bank, National Association. Servicers............................................ EMC Mortgage Corporation, HSBC Mortgage Corporation (USA), and various other servicers none of which will service more than 10% of the mortgage loans in either loan group I or loan group II. Originators...................................... EMC Mortgage Corporation, Bear Stearns Residential Mortgage Corporation and various other originators, none of which will originate more than 10% of the mortgage loans in either loan group I or loan group II. Cap Counterparty................................. Bear Stearns Financial Products Inc. Trustee.............................................. Citibank, N.A. Guarantor............................................ Fannie Mae. Securities Administrator............................. Wells Fargo Bank, National Association. Distribution Dates................................... Distributions on the offered certificates will be made on the 25th day of each month, or, if such day is not a business day, on the next succeeding business day, beginning in May 2007. Non-Offered Certificates............................. The classes of offered certificates and their passthrough rates and initial certificate principal balances are set forth in the table below. The Issuing Entity will also issue other certificates designated as the Class II-A-1, Class B-4, Class XP, Class B-IO, Class R and Class R-X Certificates, which classes are not offered pursuant to this prospectus supplement. Fannie Mae Certificates.................... The Class II-A-1 Certificates. http://www.sec.gov/Archives/edgar/data/1393737/000106823807000550/bsalta2007-3_prosupp.htm Assignment of the Mortgage Loans At the time of issuance of the Certificates, the Depositor will cause the mortgage loans, together with all principal and interest due on or with respect to such mortgage loans after the Cutoff Date, to be sold to the trust. The mortgage loans will be identified in a schedule appearing as an exhibit to the Agreement. Such schedule will include information as to the principal balance of each mortgage loan as of the Cut-off Date, as well as information including, among other things, the mortgage rate, the Net Rate, the Monthly Payment, the maturity date of each mortgage note and the Loan-to-Value Ratio. Representations and Warranties

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In the Mortgage Loan Purchase Agreement (or subsequent mortgage loan purchase agreement), pursuant to which the Depositor purchased (or will purchase) the mortgage loans from the Sponsor and Master Funding LLC, the Sponsor made (or will make) certain representations and warranties to the Depositor concerning the mortgage loans with respect to itself and with respect to Master Funding LLC. The Trustee will be assigned all right, title and interest in the Mortgage Loan Purchase Agreement insofar as they relate to such representations and warranties made by the Sponsor. The representations and warranties of the Sponsor with respect to the mortgage loans include the following, among others: (1) The information set forth in the mortgage loan schedule is true, complete and correct in all material respects as of the date such representation was made;

(2) Immediately prior to the sale of the related mortgage loans pursuant to the Mortgage Loan Purchase Agreement, the Sponsor was the sole owner of beneficial title and holder of each mortgage and mortgage note relating to the related mortgage loans as of the Closing Date or as of another specified date, is conveying the same to the Depositor free and clear of any encumbrance, equity, participation interest, lien, pledge, charge, claim or security interest and the Sponsor has full right and authority to sell and assign each mortgage loan pursuant to the Mortgage Loan Purchase Agreement; and (3) As of the Closing Date there is no monetary default existing under any mortgage or the related mortgage note and there is no material event which, with the passage of time or with notice and the expiration of any grace or cure period, would constitute a default, breach or event of acceleration; and neither the Sponsor nor any of its respective affiliates has taken any action to waive any default, breach or event of acceleration; and no foreclosure action is threatened or has been commenced with respect to the mortgage loan. Trust Bear Stearns ALT-A Trust 2007-3. Trustee Citibank, N.A., a national banking association organized under the laws of the United States. 424B5: http://www.sec.gov/Archives/edgar/data/1393737/000106823807000550/bsalta20073_prosupp.htm Item 8.01. Other Events

On April 30, 2007, Structured Asset Mortgage Investments II Inc. caused the issuance and sale of the Bear Stearns ALT-A Trust, Mortgage Pass-Through Certificates, Series 2007-3, pursuant to a Pooling and Servicing Agreement, dated as of April 1, 2007, among Structured Asset Mortgage Investments II Inc., as depositor, Wells Fargo Bank, National Association, as master servicer and securities administrator, Federal National Mortgage Association, as guarantor of the Class II-A-1 Certificates, EMC Mortgage Corporation, as seller, and Citibank, N.A., as trustee.
Title: Senior Managing Director Dated: May 15, 2007

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POOLING AND SERVICING AGREEMENT 10.1 Pooling and Servicing Agreement, dated as of April 1, 2007 among Structured Asset Mortgage Investments II Inc., as depositor, Wells Fargo Bank, National Association, as master servicer and securities administrator, Federal National Mortgage Association, as guarantor of the Class II-A-1 Certificates, EMC Mortgage Corporation, as seller, and Citibank, N.A., as trustee. Conveyance of Mortgage Loans; Original Issuance of Certificates Conveyance of Mortgage Loans to Trustee. (a) The Depositor concurrently with the execution and delivery of this Agreement, sells, transfers and assigns to the Trust without recourse all its right, title and interest in and to (i) the Mortgage Loans identified in the Mortgage Loan Schedule, including all interest and principal due with respect to the Initial Mortgage Loans after the Cut-off Date and the Subsequent Mortgage Loans after the related Subsequent Cut-off Date, but excluding any payments of principal and interest due on or prior to the Cut-off Date; (ii) such assets as shall from time to time be credited or are required by the terms of this Agreement to be credited to the Distribution Account (iii) such assets relating to the Mortgage Loans as from time to time may be held by the Servicers in Protected Accounts and the Securities Administrator in the Distribution Account in the name of the Trustee on behalf of the Trust for the benefit of the Certificate holders and the Securities Administrator in the Reserve Fund in the name of the Trustee on behalf of the Trust for the benefit of the Offered Certificates and the Class II-A-1, Class B-4 and Class B-IO Certificate holders, (iv) any REO Property, (v) the Required Insurance Policies and any amounts paid or payable by the insurer under any Insurance Policy (to the extent the mortgagee has a claim thereto), (vi) the Mortgage Loan Purchase Agreement and the Subsequent Mortgage Loan Purchase Agreement to the extent provided in Section 2.03(a), (vii) the rights with respect to the Servicing Agreements as assigned to the Trustee on behalf of the Trust for the benefit of the Certificate holders by the Assignment Agreements and the rights of the Depositor under the EMC Servicing Agreement, (viii) such assets as shall from time to time be credited or are required by the terms of this Agreement to be credited to the Pre-funding Account, the Pre-funding Reserve Account, the Interest Coverage Account, the Distribution Account and the Reserve Fund and (ix) any proceeds of the foregoing. Although it is the intent of the parties to this Agreement that the conveyance of the Depositor's right, title and interest in and to the Mortgage Loans and other assets in the Trust Fund pursuant to this Agreement shall constitute a purchase and sale and not a loan, in the event that such conveyance is deemed to be a loan, it is the intent of the parties to this Agreement that the Depositor shall be deemed to have granted to the Trustee a first priority perfected security interest Page | 6
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Section 2.01.

in all of the Depositor's right, title and interest in, to and under the Mortgage Loans and other assets in the Trust Fund, and that this Agreement shall constitute a security agreement under applicable law. The Depositor, the Seller and the Trustee agree that it is not intended that any Mortgage Loan be conveyed to the Trust that is either (i) a "High-Cost Home Loan" as defined in the New Jersey Home Ownership Act effective November 27, 2003, (ii) a "High-Cost Home Loan" as defined in the New Mexico Home Loan Protection Act effective January 1, 2004 (iii) a "High Cost Home Mortgage Loan" as defined in the Massachusetts Predatory Home Loan Practices Act effective November 7, 2004 or (iv) a "High-Cost Home Loan" as defined by the Indiana High Cost Home Loan Law effective January 1, 2005. The Class II-A-1 Certificate holders will also have the benefit of the Guaranty. (b) In connection with the above transfer and assignment, the Sponsor hereby deposits with the Trustee or the related Custodian, on behalf of the Trustee, with respect to each Mortgage Loan: (i) the original Mortgage Note, endorsed without recourse (A) to the order of the Trustee or (B) in the case of a Mortgage Loan registered on the MERS system, in blank, and in each case showing an unbroken chain of endorsements from the originator thereof to the Person endorsing it to the Trustee, or lost note affidavit together with a copy of the related Mortgage Note, (ii) the original Mortgage and, if the related Mortgage Loan is a MOM Loan, noting the presence of the MIN and language indicating that such Mortgage Loan is a MOM Loan, which shall have been recorded (or if the original is not available, a copy), with evidence of such recording indicated thereon (or if clause (w) in the proviso below applies, shall be in recordable form), (iii) unless the Mortgage Loan is assigned in the name of MERS, a certified copy of the assignment (which may be in the form of a blanket assignment if permitted in the jurisdiction in which the Mortgaged Property is located) to "Citibank, N.A., as Trustee", with evidence of recording with respect to each Mortgage Loan in the name of the Trustee thereon (or if clause (w) in the proviso below applies or for Mortgage Loans with respect to which the related Mortgaged Property is located in a state other than Maryland, Tennessee, South Carolina, Mississippi and Florida, or an Opinion of Counsel has been provided as set forth in this Section 2.01(b), shall be in recordable form), (iv) all intervening assignments of the Security Instrument, if applicable and only to the extent available to the Depositor with evidence of recording thereon, (v) the original or a copy of the policy or certificate of primary mortgage guaranty insurance, to the extent available, if any, (vi) the original policy of title insurance, or a copy thereof, or mortgagee's certificate of title insurance or commitment or binder for title insurance, and Page | 7
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http://www.sec.gov/Archives/edgar/data/1393737/000106823807000668/exhibit_10-1.htm STRUCTURED ASSET MORTGAGE INVESTMENTS II INC., Bear Stearns ALT-A Trust, Mortgage Pass-Through Certificates Series 2007-3

TRACKING THE DEED AND THE NOTE


DEED
Bayrock Mortgage Corp. 11575 Great Oaks Way, SUITE 300, Alpharertta, GA 30022

DATE

NOTE
Bayrock Mortgage 11575 Great Oaks Way, SUITE 300, Alpharertta, GA 30022

DATE

November 21 2006

st

November 21st 2006

No Transfer

Bear Stearns ALT-A Trust

April 1st 2007

The Deed of Trust and the Note have taken two distinctly different paths. The Deed of Trust was never transferred. The Note was however pooled, sold and transferred- the borrowers loan of $1,076,250.00 was combined with other loans and mortgages and this pool of loans and mortgages is valued at approximately $1,076,250.00 (approximate). The links are: 424B5: http://www.sec.gov/Archives/edgar/data/1393737/000106823807000668/exhibit_10-1.htm PSA: http://www.sec.gov/Archives/edgar/data/1393737/000106823807000550/bsalta20073_prosupp.htm

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PARTY C DEPOSITOR

SECURITIZATION STRUCTURE
THE CORRECT PROCESS OF SECURITIZATION
PARTY A ORIGINATOR/LENDER

PARTY B SPONSOR TRUE SALE LEGAL OPINIONS ASSET PURCHASE / SALE AGREEMENTS DELIVERY & ACCEPTANCE RECEIPTS COMPENSATION / MONEY CAPACITY OF PARTIES TO BUY AND SELL

PARTY D TRUST/ISSUING ENTITY

HOW LENDERS SIDE-STEPPED THE PROCESS

PARTY A ORIGINATOR/LENDER

PARTY B SPONSOR

TRUE SALE LEGAL OPINIONS ASSET PURCHASE / SALE AGREEMENTS DELIVERY & ACCEPTANCE RECEIPTS COMPENSATION / MONEY CAPACITY OF PARTIES TO BUY AND SELL PARTY D TRUST/ISSUING ENTITY

PARTY C DEPOSITOR

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http://www.sec.gov/Archives/edgar/data/1393737/000106823807000550/chart.jpg

SECTION 3:
Recorded Chain of Deed Possession Date
November 22th, 2006 Instrument # 2006-0125992-00 Official Records, Placer County California

FORECLOSURE
Chain of Note Possession Date Note Holder
Bayrock Mortgage Corp. Principal Amount: $ 1,076,250.00 MIN 100020000419241017

Chain of Title and Chain of Note Recorded Events on the Loan Including Foreclosure Issues and Securitization
Original Deed of Trust
Rickie Walker (Borrowers) Bayrock Mortgage Corp. (Lender) MIN 1003780-00010005958-5

May 24, 2007

May 23rd, 2008 Instrument # 2008-0042464-00 Official Records, Placer County California

Notice of Default Quality Loan Service Corp. Signed By: Anselmo Ragkaliwangan Agent for Beneficiary

April 1, 2007

Bear Stearns ALT-A Trust

Sept 05, 2008 Instrument # 2008-0071581-00 Official Records, Placer County California

Notice of Trustees Sale Quality Loan Service Corp. Mary Jane Sarne

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March 23rd, 2010

REPORT SUMMARY
Deed of Trust: On November 21st, Debtors Rickie Walker, executed a negotiable promissory note and a security interest in the form of a Deed of Trust in the amount of $1,076,250.00. This document was filed as document number 2006-0125992-00 in the Official Records Placer County, CA. The original lender of the promissory note is Bayrock Mortgage Corporation. Mortgage Electronic Registration Systems, Inc. (hereafter MERS) is not named as the payee of the note, but is named as acting solely as a nominee for lender as the beneficiary of the security interest Deed of Trust. The original trustee under this Deed of Trust is Financial Title Company. Paragraph R of the Deed of Trust provides in part This Security Instrument secures to Lender: (i) the repayment of the Loan Paragraph 20 of the Deed of Trust provides The Note or a partial interest in the Note (together with this Security Instrument) can be sold one or more times without prior notice to Borrower. Notice of Default: On Sept 05, 2008 Document number 2008-0071581-00 (Notice of Default and Election to Sell Under Deed of Trust) was filed in the Official Records, Placer County, CA. This Document properly identifies the amount of the mortgage loan that debtors obtained on November 21st, 2006 recorded November 22nd, 2005.

Notice of Trustees Sale: On Sept 05, 2008, a Notice of Trustees Sale was filed as document number 2008-0071581-00 in the Official Records, Placer County, CA. Assignment of Deed of Trust: An Assignment of deed of Trust was filed as document number 2010-0021264-00 in the Official Records, Placer County, CA on March 23rd, 2010. This document purports to be executed by MERS. MERS:

The Deed of Trust shows MIN 1003780-0010005958-5 and MERS SERVICER ID website https://www.mers-servicerid.org/sis/search indicates that JPMorgan Chase Bank, N.A./EMC is the Servicer and Bear Stearns ALT-A Trust is the Investor. The California Secretary of State Business Entity websites shows that MERS has an ACTIVE status for agent of process. Page | 11
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1 record matched your search:


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MIN:1003780-0010005958-5

Note Date:11/21/2006

MIN Status:Inactive Phone:(800) 723-3004

Servicer: JPMorgan Chase Bank, N.A./EMC Lewisville, TX

https://www.mers-servicerid.org/sis/search Securitization: The NOTE was sold, transferred and securitized into Bear Stearns ALT-A Trust Mortgage PassThrough Certificates Series 2007-3 with a Closing Date of April 30th, 2007.

Business Entity Detail


Data is updated weekly and is current as of Friday, April 22, 2011. It is not a complete or certified record of the entity.

Entity Name: Entity Number: Date Filed: Status: Jurisdiction: Entity Address: Entity City, State, Zip: Agent Address:

BAYROCK MORTGAGE CORPORATION C2257075 07/24/2000 SURRENDER GEORGIA 11575 GREAT OAKS WAY, SUITE 300 ALPHARETTA GA 30022 2875 MICHELLE DR STE 100

Agent for Service of Process: NATIONAL REGISTERED AGENTS, INC. Agent City, State, Zip: IRVINE CA 92606 http://kepler.sos.ca.gov/cbs.aspx

SECTION 4:

CONCLUSION
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ANY ATTEMPT TO TRANSFER THE BENEFICIAL INTEREST OF A TRUST DEED WITHOUT OWNERSHIP OF THE UNDERLYING NOTE IS VOID UNDER CALIFORNIA LAW The creation of MERS changed the lending process. Instead of the lender being the Beneficiary on the MORTGAGE, MERS was now named as either the Beneficiary or the Nominee for the Beneficiary on the MORTGAGE. The concept was that with MERS assuming this role, there would be no need for Assignments of the MORTGAGE, since MERS would be given the power of sale through the MORTGAGE. The naming of MERS as the Beneficiary meant that certain other procedures had to change. This was a result of the Note actually being made out to the lender, and not to MERS. Before explaining this change, it would be wise to explain the Securitization process. When a Note is transferred, it must be endorsed and signed, in the manner of a person signing his paycheck over to another party. Customary procedure was to endorse it as Pay to the Order of and the name of the party taking the Note and then signed by the endorsing party. With a new party holding the Note, there would now need to be an Assignment of the Debt. This could not work if MERS was to be the foreclosing party. The promissory note was made payable to Bayrock Mortgage Corporation. No record document suggests that it has been indorsed to MERS or any other named entity Once a name is placed into the endorsement of the Note, then that person has the beneficial interest in the Note. Any attempt by MERS to foreclose in the MERS name would result in a challenge to the foreclosure since the Note was owned by ABC and MERS was the Beneficiary. MERS would not have the legal standing to foreclose, since only the person of interest would have such authority. So, it was decided that the Note would be endorsed in blank, which effectively made the Note a Bearer Bond, and anyone holding the Note would have the legal standing to enforce the Note under Uniform Commercial Code. This would also suggest that Assignments would not be necessary. MERS has recognized the Note Endorsement problem and on their website, stated that they could be the foreclosing party only if the Note was endorsed in blank. If it was endorsed to another party, then that party would be the foreclosing party. As a result, most Notes are endorsed in blank, which purportedly allows MERS to be the foreclosing party. However, CA Civil Code 2932.5 has a completely different say in the matter. It requires that the Assignment of the Debt be executed. In the case of MERS, the Note and the MORTGAGE are held by separate entities. This can pose a unique problem dependent upon the court. There are many court rulings based upon the following: The MORTGAGE is a mere incident of the debt it secures and an assignment of the debt carries with it the security instrument. Therefore, a MORTGAGE is inseparable from the debt and always abides with the debt. It has no market or ascertainable value apart from the obligation it secures. A MORTGAGE has no assignable quality independent of the debt, it may not be assigned or transferred apart from the debt, and an attempt to assign the MORTGAGE without a transfer of the debt is without effect. Page | 13
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This very simple statement poses major issues. To easily understand, if the MORTGAGE and the Note are not together with the same entity, then there can be no enforcement of the Note. The MORTGAGE enforces the Note. It provides the capability for the lender to foreclose on a property. If the MORTGAGE is separate from the Note, then enforcement, i.e. foreclosure cannot occur. The following ruling summarizes this nicely. In Saxon vs Hillery, CA, Dec 2008, Contra Costa County Superior Court, an action by Saxon to foreclose on a property by lawsuit was dismissed due to lack of legal standing. This was because the Note and the MORTGAGE were owned by separate entities. The Court ruled that when the Note and MORTGAGE were separated, the enforceability of the Note was negated until rejoined. The mortgage securing the note, while naming L2 as Lender, separately names the Mortgage Electronic Registration Systems, Inc. (MERS) as the Mortgagee. The conveyancing language granted the mortgage to MERS solely as nominee for Lender and Lenders successors and assigns. The Note and MORTGAGE have taken two distinctly different paths. The Note was securitized into Bear Stearns ALT-A Trust Mortgage Pass-Through Certificates Series 2007-3. The written agreement that created the Bear Stearns ALT-A Trust Mortgage Pass-Through Certificates Series 2007-3 is a Pooling and Servicing Agreement (PSA), and is a matter of public record, available on the website of the Securities Exchange Commission. The Trust is also described in a Prospectus Supplement, also available on the SEC website. The Trust by its terms set a CLOSING DATE of April 30th, 2007. The promissory note in this case became trust property in compliance with the requirement set forth in the PSA. The Trust agreement is filed under oath with the Securities and Exchange Commission. The acquisition of the assets of the subject Trust and the PSA are governed under the law. In view of the foregoing, all Assignment of MORTGAGE executed after the Trusts Closing Date would be a void act for the reason that it violated the express terms of the Trust instrument. The loan was originally made to Bayrock Mortgage Corporation and was sold and transferred to Bear Stearns ALT-A Trust Mortgage Pass-Through Certificates Series 2007-3. There is no record of Assignments to either the Sponsor or Depositor as required by the Pooling and Servicing Agreement. In Carpenter v. Longan 16 Wall. 271, 83 U.S. 271, 274, 21 L.Ed. 313 (1872), the U.S. Supreme Court stated The note and mortgage are inseparable; the former as essential, the latter as an incident. lAn assignment of the note carries the mortgage with it, while assignment of the latter alone is a nullity. An obligation can exist with or without security. With no security, the obligation is unsecured but still valid. A security interest, however, cannot exist without an underlying existing obligation. It is impossible to define security apart from its relationship to the promise or obligation it secures. The obligation and the security are commonly drafted as separate documents typically a promissory note and a MORTGAGE. If the creditor transfers the note but not the MORTGAGE, the transferee receives a secured note; the security follows the note, legally if not physically. If the transferee is given the MORTGAGE without the note accompanying it, the transferee has no meaningful rights except the possibility of legal action to compel the transferor to transfer the note as well, if such was the agreement. (Kelley v. Upshaw 91952) 39 C.2d 179, 246 P.2d 23; Polhemus v. Trainer (1866) 30C 685) Page | 14
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