QUESTION
Is filing a Common Law Lien a valid use of the UCC in Nevada in March 2013?
Asked on Mar 07th, 2013 on Foreclosures - Nevada
More details to this question:
3 previous NV mandated "pre foreclosure Hearings" resulted in three stays of foreclosure issued in that Wells Fargo showed no paperwork. NONE AT ALL to prove standing. Fourth hearing to be 4-2-13. Paperwork accompanying Notice to Foreclose, this time, "included 2 signatures". One for the person reviewing "our promissory note and a notary to that signature. Forensic (audit) revealed no MERS, Fannie or Freddie docs. leaving examiner to conclude ours was part of a "bulk sale" of Wachovia assets to Wells. Will county recorder take out filing oif a Common Law Lien and place it ahead of the banks lien? THANK YOU!
1 ANSWER
R. Christopher Reade
The County Recorder is not the arbiter of priority of liens. Lien priority is a matter of statute and then timing. Therefore the answer to your question is no. However you can still contest the documents presented by the Lender in the FMP mediation--which continues to be a very effective defense.
Answered on Mar 08th, 2013 at 3:14 PM