TITLE REQUIREMENTS FOR TERMINATED PROPERTIES
NORTH DAKOTA
Title 38 CFR 36.4319 requires the holder of a VA guaranteed mortgage to send a copy of every procedural paper filed by or served upon the holder in any legal and/or foreclosure action to VA. These procedural papers are:
TITLE REQUIREMENTS FOR FORECLOSED PROPERTIES
- Notice of Intent to Foreclose.
- Summons and Complaint.
- Sheriff's Return of Service or Affidavit of Publication of Summons.
- Affidavit of Non-Military Service.
- Findings of Fact, Conclusions of Law, & Order for Judgment.
- Judgment.
- Notice of Foreclosure Sale Under Special Execution.
- Affidavit of Publication of Notice of Foreclosure Sale.
- Sheriff's Report of Sale.
- Order Confirming Sale.
- Original recorded Sheriff's Certificate of Sale.
- Recorded Assignment of Sheriff's Certificate of Sale.
- Any bankruptcy documents filed by the borrowers.
Also provide the following documents:
- Original or certified copy (by holder) of Mortgage Note endorsed without recourse to "Secretary of Veterans Affairs, an Officer of the United States" or for cancellation.
- Original or certified copy of the Mortgage and Assignments.
- EITHER:
- A final owner's title policy scheduling the foreclosure record and naming "Secretary of Veterans Affairs, an Officer of the United States, whose address is, c/o Ocwen Federal Bank FSB, 12650 Ingenuity Drive, Orlando, FL 32826, His or Her Successors and Assigns", as an insured. Insurance should be obtained in an amount not less than the bid at the Sheriff's sale and will include an allowable exception in Schedule B indicating the owner's right of redemption. (See Loan Guaranty Memorandum 88-14) OR:
- Complete "Abstract of Title", continued to show the foreclosure sale. If a final owner's policy is obtained, abstract continuation will not be required or reimbursed on the claim; any abstract in possession, however, should be forwarded to VA.
- Any deeds involving subsequent transferees obtaining title to the security after the original veteran-purchaser.
- FEMA Form 81-93, Standard Flood Hazard Determination.
TITLE REQUIREMENTS FOR VOLUNTARY CONVEYANCE
- Mortgage and all Assignments, recorded (Originals or certified copies)
- Mortgage Note endorsed without recourse to "Secretary of Veterans Affairs, an Officer of the United States."
- Proof of any conveyance involving subsequent transferees who obtained title after the veteran-purchaser.
- Mortgagee's Title Policy.
- Recorded Warranty Deed from owner to holder.
- Recorded Warranty Deed transferring title to "Secretary of Veterans Affairs, an Officer of the United States, whose address is c/o Ocwen Federal Bank FSB, 12650 Ingenuity Drive, Orlando, FL 32826".
- Estoppel Affidavit signed by Owner.
- Satisfaction of Mortgage by Holder (recorded).
- EITHER
- A final Owner's Title Policy showing clear title in the name of the "Secretary of Veterans Affairs, an Officer of the United States, whose address is c/o VA Ocwen Federal Bank FSB, 12650 Ingenuity Drive, Orlando, FL 32826, His or Her Successors and Assigns"; OR in the alternative
- An Abstract of Title that has been continued to a current date with usual searches (including, judgement, bankruptcy and taxes).
SHERIFF'S DEED. VA will obtain the Sheriff's Deed after expiration of the redemption period based upon your Assignment of the Sheriff's Certificate of Sale.
REDEMPTION PERIOD. Please advise VA of the date the redemption period expires.
MAILING ADDRESS: Send all legal documents for properties located in North Dakota within 60 days of the foreclosure sale to the following address:
COUNTRYWIDE HOME LOANS
ATTN: VA REO
MS RGV-B-85
2375 N GLENVILLE DRIVE
RICHARDSON, TX 75082
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