Shutting them down

A county in Kentucky takes the law seriously:

The order requires all foreclosure complaints in Kenton County to be accompanied by an affidavit certifying that the plaintiff is the owner and holder of the note and mortgage and identifying the plaintiff as the original holder or an assignee, trustee, or successor in interest of the original holder. Kenton County foreclosure complaints must also be accompanied by a copy of the note and recorded mortgage with copies of all allonges, endorsements, and assignments necessary to document the chain of title to both the note and the mortgage. The complaint must also include documents establishing the plaintiff as the successor in interest if any merger, change of trustee, or other transfer issue has taken place.

The order is effective for all matters filed in Kenton County on or after November 15.

Naturally, this should present no problem at all for any mortgage banks wishing to foreclose in Kenton County. After all, they are law-abiding institutions who would never conspire to break any state or local laws regarding loan documentation. This is an excellent example of a jurisdiction where the Rule of Law still applies, rather than the Reign of Men who allow certain parties to circumvent the law.

No fast talk, no technological excuses, no judges to look the other way and declare the paperwork unnecessary. Either you have everything in order or you don’t. End of story. That’s exactly the way it should be… and almost never is.


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