Securitization is the process by which residential and commercial real property mortgage loans are bundled and sold to investors. Securitization can occur months after origination, or it could occur immediately after origination. However, not all loans are securitized.
Investors such as Goldman Sachs, DeutscheBank, Countrywide, Wells Fargo, etc. routinely sell or purchase large blocks of loans and place them into trusts or REMICs (Real Estate Mortgage Investment Conduits). Shares of those are then sold to other investors.
Knowing what happened to a particular loan, where it went and which investment vehicle it ended up in, can be important in foreclosure defense and litigation against lenders, especially for properties located in judicial-foreclosure states.
In non-judicial foreclosure states, this research can be useful in bankruptcy defense, and it can provide the basis for directed discovery or evidentiary hearings.
Here is a list of judicial foreclosure states:
Florida, Indiana, New Mexico, Kansas, North Dakota, Iowa, Illinois, Louisiana, Alabama, Kentucky, Ohio, South Carolina, Delaware, New Jersey, Pennsylvania, New York Connecticut and Maine.
Other states, including California, Oregon, Washington, use either non-judicial foreclosure methods or a combination of both.
THIS INFORMATION IS NOT TO BE TAKEN AS LEGAL ADVICE AND SHOULD BE EVALUATED BY YOUR ATTORNEY FOR CLARIFICATION AND ADVICE.
If you're a real estate attorney or otherwise have need to obtain documentation on the holder of your client's mortgage Note and/or its securitization history, Certified Forensic Loan Auditors, LLC can provide you the most comprehensive documentation available.
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