Judges Change Tune as Anger Rises Against Banks

Kentucky Judge requires proof of chain of title and ownership.

http://www.scribd.com/doc/40489838/Kentucky-Order-FORECLOSING-ENTITY-MUST-SHOW-CHAIN-OF-TITLE-AND-ASSIGNMENTS

KENTUCKY JUDGE ORDER PROPER DOCUMENTS BE IN PLACE TO FORECLOSURE—FROM GLENN A.

COMMONWEALTH OF  KENTUCKY
KENTON CIRCUIT COURT

GENERAL ORDER

Pursuant to CR 8.01(1) and CR 17.01, plaintiff in foreclosure
complaints filed in Kenton County, Kentucky, must show that it is the
holder of the note and mortgage at the time the complaint is filed.
Effective with the foreclosure complaints filed November 15, 2010, and
thereafter, the complaint at the time of the filing must be
accompanied by all of the following:

(1)   a copy of the promissory note with all endorsements;

(2)   a copy of the recorded mortgage;

(3)   an affidavit by the plaintiff, it’s representative, it’s
attorney or it’s servicer (a) documenting that the named plaintiff is
the owner of the note and mortgage at the time the complaint is filed,
and (b) identifying plaintiff as either the original note and mortgage
holder, or as an assignee, trustee or successor-in-interest of the
original note and mortgage holder;

(4)   a copy of all the assignments of the note and mortgage, if
plaintiff is not the original mortgage holder, evidencing the complete
chain of assignments. The assignment of the note and mortgage to the
named plaintiff must be executed prior to the filing of the
foreclosure complaint;

(5)   documentation establishing plaintiff as a successor-in-interest
if plaintiff is a successor-in-interest.



Date Oct 14, 2010

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