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DEPT OF VETERANS AFFAIRS
DENVER RLC

INFORMATION ON TITLE REQUIREMENTS

COLORADO AND WYOMING

 

It is the responsibility of the holder/servicer to collect, review, and determine the sufficiency of the title documents needed to effect conveyance of fee simple title by the recording of a deed to the Secretary of the Department of Veterans Affairs (VA).  Holders/servicers must make every effort to assure that the required documents are properly completed and recorded to avoid delays in the payment of the acquisition portion of the claim.

The trustee's sale date affixes the rights of the parties under 38 CFR 36.4320(i)(1).  VA will reconvey the property unless the following conditions are met:


a.     The VA Form 26-8903, Notice for Election to Convey and/or Invoice for Transfer of Property MUST:

(1)  Properly identify the VA loan account number;

(2)  Specify in Block 5 whether the conveyance was a regular foreclosure or a deed in lieu of foreclosure;

(3)  Be delivered to VA within 15 days of the date of the foreclosure sale or date of execution of deed in lieu of foreclosure, as required by 38 CFR 36.4332.

(4)  Mail to:

Department of Veterans Affairs
Loan
Administration Section (261)
155 Van Gordon Street
Box 25126
Denver CO  80225

b.     Complete and accurate title documentation must be submitted as a package within 60 days of the end of the redemption period or the date of execution of a deed in lieu of foreclosure. Send complete title packages to:

VA REO/Title Review
Ocwen Loan Servicing LLC
Attn:  Title Manager VA REO
12650 Ingenuity Drive
Orlando, FL  32826

  c.     If circumstances prevent the holder/servicer from providing an acceptable title package within 60 days, a written explanation, including the cause for the delay, must be submitted to Ocwen prior to the required due date.  Any extension is solely at the discretion of Ocwen and is not a legal right of the holder.  Lengthy delays in submitting title packages could result in Ocwen returning custody of the property to the holder. 

  d.     Questions regarding title should be directed to: Ocwen at 407-737-5136

 

Required Title Documents

COLORADO AND WYOMING

NON JUDICIAL FORECLOSURES

 

[   ]           Original Mortgagee Title Policy.  A copy may be provided if accompanied by a letter from the title company ensuring they will accept a copy in lieu of the original policy in the event a claim is made thereon.

[   ]           Original Deed of Trust Note/Mortgage Note.  If there is no deficiency, a copy of the note will be sufficient. 

[   ]           Original or copy of recorded Deed of Trust/Mortgage.

[   ]           Original or copy of recorded Public Trustee’s Deed/Sheriff’s Deed conveying title to the Holder.

[   ]           Original or certified copy of recorded General or Special Warranty Deed conveying title to the Secretary of Veterans Affairs and assigning all deficiency claims to the Secretary.

[   ]           Original Owner’s Title Policy insuring that the Secretary of Veterans Affairs has acquired fee simple title free and clear of all liens and encumbrances.

DEED IN LIEU OF FORECLOSURE

[   ]           Original Mortgagee Title Policy.  A copy may be provided if accompanied by a letter from the title company ensuring they will accept a copy in lieu of the original policy in the event a claim is made thereon.

[   ]           Copies of the original Deed of Trust Note/Mortgage Note.

[   ]           Copies of the recorded Deed of Trust/Mortgage.

[   ]           Copy of the recorded Release of Deed of Trust/Mortgage.

[   ]           Copy of the recorded Deed in Lieu of Foreclosure from the property owner to the Holder and Estoppel Affidavit.

[   ]           Original or certified copy of recorded General or Special Warranty Deed from the holder conveying title to the Secretary of Veterans Affairs.

[   ]           Original Owner’s Title Policy insuring that the Secretary of Veterans Affairs has acquired fee simple title free and clear of all liens and encumbrances.

NOTE: The cost of the Title Insurance Policy and Recording Fees will be included as part of your liquidation expenses in your claim under the loan guaranty.


INFORMATION ON TITLE REQUIREMENTS

UTAH

It is the responsibility of the holder/servicer to collect, review, and determine the sufficiency of the title documents needed to effect recording of a deed to the Secretary of the Department of Veterans Affairs (VA).  Holders/servicers must make every effort to assure that the required documents are properly completed and recorded to avoid delays in the payment of the acquisition portion of the claim.

The trustee's sale date affixes the rights of the parties under 38 CFR 36.4320(i)(1).  VA will reconvey the property unless the following conditions are met:

  a.     The VA Form 26-8903, Notice for Election to Convey and/or Invoice for Transfer of Property MUST:

  (1)    Properly identify the VA loan account number;

  (2)    Specify in Block 5 whether the conveyance was a regular foreclosure or a deed in lieu of foreclosure;

  (3)    Be delivered to VA within 15 days of the date of the foreclosure sale or date of execution of deed in lieu of foreclosure, as required by 38 CFR 36.4332.

  (4)    Send to:

Department of Veterans Affairs
Loan Administration Section (261)
155 Van Gordon
Box 25126
Denver CO  80225

  b.     Title documentation must be submitted as a package and arrive at Ocwen within 60 days of the trustee's sale date or the date of execution of a deed in lieu of foreclosure.  Send complete title packages to:

VA REO/Title Review
Ocwen Loan Servicing LLC
Attn:  Title Manager VA REO
12650 Ingenuity Drive
Orlando, FL  32826

  c.     If circumstances prevent the holder/servicer from providing an acceptable title package within 60 days, a written explanation, including the cause for the delay, must be submitted to Ocwen prior to the required due date.  Any extension is solely at the discretion of Ocwen and is not a legal right of the holder.  Lengthy delays in submitting title packages could result in Ocwen returning custody of the property to the holder.

  d.     Questions regarding title should be directed to: Ocwen at 407-737-5136.


Required Title Documents

UTAH

[   ]      Original Trust Deed and Trust Deed Note.

[   ]      Assignment(s) of Trust Deed, if applicable.

[   ]      Beneficiary's Policy of Title Insurance issued at loan origination.

[   ]       Original Recorded Trustee's Deed. This deed must disclose the amount bid at foreclosure sale.

[   ]      Special Warranty Deed conveying title to Secretary of Veterans Affairs.

[   ]       Policy of Title Insurance insuring the Secretary of Veterans Affairs for the amount specified in our instruction letter (commitment for title insurance is not acceptable).

[   ]       Deed(s) conveying title to transferee(s), if applicable.

Deed in Lieu of Foreclosure

[   ]        Original Mortgagee Title Policy.  A copy may be provided if accompanied by a letter from the
         title company ensuring they will accept a copy in lieu of the original policy in the event a claim is
         made thereon.

[   ]        Copies of the original Deed of Trust Note/Mortgage Note.

[   ]        Copies of the recorded Deed of Trust/Mortgage.

[   ]        Copy of the recorded Release of Deed of Trust/Mortgage.

[   ]        Copy of the recorded Deed in Lieu of Foreclosure from the property owner to the Holder and
          Estoppel Affidavit.

[   ]        Original or certified copy of recorded General or Special Warranty Deed from the holder
           conveying title to the Secretary of Veterans Affairs.

[   ]        Original Owner’s Title Policy insuring that the Secretary of Veterans Affairs has acquired fee
           simple title free and clear of all liens and encumbrances.

[   ]        Telephone number of the former property owner if available.  If not, please specify.


INFORMATION ON TITLE REQUIREMENTS

ALASKA

It is the responsibility of the holder/servicer to collect, review, and determine the sufficiency of the title documents needed to effect recording of a deed to the Secretary of the Department of Veterans Affairs (VA).  Holders/servicers must make every effort to assure that the required documents are properly completed and recorded to avoid delays in the payment of the acquisition portion of the claim.

The trustee's sale date affixes the rights of the parties under 38 CFR 36.4320(i)(1).  VA will reconvey the property unless the following conditions are met:

  a.     The VA Form 26-8903, Notice for Election to Convey and/or Invoice for Transfer of Property MUST:

  (1)   Properly identify the VA loan account number;

  (2)   Specify in Block 5 whether the conveyance was a regular foreclosure or a deed in lieu of foreclosure;

  (3)   Be delivered to VA within 15 days of the date of the foreclosure sale or date of execution of deed in
 lieu of foreclosure, as required by 38 CFR 36.4332.

  (4)   Send to:

Department of Veterans Affairs
Loan Administration Section (261)
155 Van Gordon Street
Box 25126
Denver CO  80225

  b.     Title documentation must be submitted as a package and arrive at Ocwen within 60 days of the trustee's sale date or the date of execution of a deed in lieu of foreclosure.  Send complete title packages to:

VA REO/Title Review
Ocwen Loan Servicing LLC
Attn:  Title Manager VA REO
12650 Ingenuity Drive
Orlando, FL  32826

  c.     If circumstances prevent the holder/servicer from providing an acceptable title package within 60 days, a written explanation, including the cause for the delay, must be submitted to Ocwen prior to the required due date.  Any extension is solely at the discretion of Ocwen and is not a legal right of the holder.  Lengthy delays in submitting title packages could result in Ocwen returning custody of the property to the holder. 

  d.     Questions regarding title should be directed to: Ocwen at 407-737-5136.


Required Title Documents

ALASKA

[   ]         Special warranty deed conveying title to the Secretary of Veterans Affairs.

[   ]         Owners title insurance policy in an amount equal to the appraised value insuring that the Secretary of Veterans Affairs will obtain acceptable title.

[   ]         Evidence of lienable items excluded from title insurance policy coverage.

[   ]         Any other documents necessary to protect VA against defects arising from listed exceptions in the title policy.

[   ]         Copy of holders ALTA title insurance policy.

[   ]         Copy of Deed of Trust signed by the veteran.

Deed in Lieu Of Foreclosure

[   ]         Original Mortgagee Title Policy.  A copy may be provided if accompanied by a letter from the title company ensuring they will accept a copy in lieu of the original policy in the event a claim is made thereon.

[   ]         Copies of the recorded Deed of Trust/Mortgage.

[   ]         Copy of the recorded Deed in Lieu of Foreclosure from the property owner to the Holder and Estoppel Affidavit.

[   ]         Original or conformed copy of recorded General or Special Warranty Deed from the holder conveying title to the Secretary of Veterans Affairs.

[   ]      Original Owner’s Title Policy insuring that the Secretary of Veterans Affairs has acquired fee simple title free and clear of all liens and encumbrances not acceptable to VA.

 



INFORMATION ON TITLE DOCUMENTS

STATE OF OREGON AND

FOR CLARK, SKAMANIA, AND KLICKITAT COUNTIES IN

STATE OF WASHINGTON

It is the responsibility of the holder/servicer to collect, review, and determine the sufficiency of the title documents needed to effect recording of a deed to the Secretary of the Department of Veterans Affairs (VA).  Holders/servicers must make every effort to assure that the required documents are properly completed and recorded to avoid delays in the payment of the acquisition portion of the claim.

The trustee's sale date affixes the rights of the parties under 38 CFR 36.4320(i)(1).  VA will reconvey the property unless the following conditions are met:

  a.     The VA Form 26-8903, Notice for Election to Convey and/or Invoice for Transfer of Property MUST:

  (1)   Properly identify the VA loan account number;

  (2)   Specify in Block 5 whether the conveyance was a regular foreclosure or a deed in lieu of foreclosure;

  (3)   Be delivered to VA within 15 days of the date of the foreclosure sale or date of execution of deed in lieu of foreclosure, as required by 38 CFR 36.4332.

  (4)   Mail to:

Department of Veterans Affairs
Loan Administration Section (261)
155 Van Gordon Street
Box 25126
Denver CO  80225

  b.     Title documentation must be submitted as a package and arrive at Ocwen within 60 days of the foreclosure sale date or the date of execution of a deed in lieu of foreclosure. Send complete title packages to:

VA REO/Title Review
Ocwen Loan Servicing LLC
Attn:  Title Manager VA REO
12650 Ingenuity Drive
Orlando, FL  32826

  c.     If circumstances prevent the holder/servicer from providing an acceptable title package within 60 days, a written explanation, including the cause for the delay, must be submitted to Ocwen prior to the required due date.  Any extension is solely at the discretion of Ocwen and is not a legal right of the holder.  Lengthy delays in submitting title packages could result in Ocwen returning custody of the property to the holder.

  d.     Questions regarding title should be directed to: Ocwen at 407-737-5136.

 

Required Title Documents

STATE OF OREGON AND

FOR CLARK, SKAMANIA, AND KLICKITAT COUNTIES IN

STATE OF WASHINGTON

NON JUDICIAL FORECLOSURE

[   ]            Copy of recorded Trustee’s deed.

[   ]            Copies of original Deed of Trust and Deed of Trust Note.

[   ]            Original Title Insurance Policy insuring: Secretary of Veterans Affairs an officer of the United States of America, his successors and or assigns

[   ]            Original recorded Warranty Deed transferring title to the Secretary. 

DEED IN LIEU OF FORECLOSURE

[   ]            Original recorded Special Warranty or General Warranty Deed from the holder to the Secretary.

[   ]            Original Title Insurance Policy in the name of the Secretary.

[   ]            Copies of original Deed of Trust and Deed of Trust Note.

[   ]            Copy of the recorded Deed in Lieu of Foreclosure/Estoppel Affidavit. (Conveying from Obligor to Holder - not directly to Secretary.)

[   ]            Recorded copy of the Deed of Reconveyance.


INFORMATION ON TITLE REQUIREMENTS

IDAHO

It is the responsibility of the holder/servicer to collect, review, and determine the sufficiency of the title documents needed to effect recording of a deed to the Secretary of the Department of Veterans Affairs (VA).  Holders/servicers must make every effort to assure that the required documents are properly completed and recorded to avoid delays in the payment of the acquisition portion of the claim.

The trustee's sale date affixes the rights of the parties under 38 CFR 36.4320(i)(1).  VA will reconvey the property unless the following conditions are met:

  a.     The VA Form 26-8903, Notice for Election to Convey and/or Invoice for Transfer of Property MUST:

  (1)   Properly identify the VA loan account number;

  (2)   Specify in Block 5 whether the conveyance was a regular foreclosure or a deed in lieu of foreclosure;

  (3)   Be delivered to VA within 15 days of the date of the foreclosure sale or date of execution of deed in lieu of foreclosure, as required by 38 CFR 36.4332.

  (4)   Send to:

Department of Veterans Affairs
Loan Administration Section (261)
155 Van Gordon
Box 25126
Denver CO  80225

  b.     Title documentation must be submitted as a package and arrive at Ocwen within 60 days of the trustee's sale date or the date of execution of a deed in lieu of foreclosure.  Send complete title packages to:

VA REO/Title Review
Ocwen Loan Servicing LLC
Attn:  Title Manager VA REO
12650 Ingenuity Drive
Orlando, FL  32826

  c.     If circumstances prevent the holder/servicer from providing an acceptable title package within 60 days, a written explanation, including the cause for the delay, must be submitted to Ocwen prior to the required due date.  Any extension is solely at the discretion of Ocwen and is not a legal right of the holder.  Lengthy delays in submitting title packages could result in Ocwen returning custody of the property to the holder.

  d.     Questions regarding title should be directed to: Ocwen at 407-737-5136.


Required Title Documents

IDAHO

Foreclosure

[   ]      Title policy with Secretary, U. S. Department of Veterans Affairs named as insured.

[   ]      Recorded Trustee's Deed.

[   ]      Recorded Corporate Deed or Special Warranty Deed, Deed or other similar document transferring lender's interest to the Secretary, U. S. Department of Veterans Affairs.

[   ]      Copies of any procedural papers not previously submitted (to include bankruptcy information).

[   ]      Copies of original Note and Deed of Trust and Assignment (if applicable).

[   ]      Original Title Policy.

Deed-In-Lieu of Foreclosure

[   ]      Recorded Estoppel Affidavit.

[   ]      Recorded Transfer Deed from the borrower(s) to the Secretary, U. S. Department of Veterans Affairs.

[   ]      Recorded Deed of Reconveyance.

[   ]      Copy of Deed of Trust and Note.

[   ] Original Title Policy

[   ]      Title Insurance policy naming the Secretary, U. S. Department of Veterans Affairs as the insured.


INFORMATION ON TITLE REQUIREMENTS

STATE OF WASHINGTON

It is the responsibility of the holder/servicer to collect, review, and determine the sufficiency of the title documents needed to effect recording of a deed to the Secretary of the Department of Veterans Affairs (VA).  Holders/servicers must make every effort to assure that the required documents are properly completed and recorded to avoid delays in the payment of the acquisition portion of the claim.

The trustee's sale date affixes the rights of the parties under 38 CFR 36.4320(i)(1).  VA will reconvey the property unless the following conditions are met:

  a.     The VA Form 26-8903, Notice for Election to Convey and/or Invoice for Transfer of Property MUST:

  (1)   Properly identify the VA loan account number;

  (2)   Specify in Block 5 whether the conveyance was a regular foreclosure or a deed in lieu of foreclosure;

  (3)   Be delivered to VA within 15 days of the date of the foreclosure sale or date of execution of deed in lieu of foreclosure, as required by 38 CFR 36.4332.

  (4)   Mail to:

Department of Veterans Affairs
Loan Administration Section (261)
155 Van Gordon Street
Box 25126
Denver CO  80225

  b.     Title documentation must be submitted as a package and arrive at Ocwen within 60 days of the foreclosure sale date or the date of execution of a deed in lieu of foreclosure. Send complete title packages to:

VA REO/Title Review
Ocwen Loan Servicing LLC
Attn:  Title Manager VA REO
12650 Ingenuity Drive
Orlando, FL  32826

  c.     If circumstances prevent the holder/servicer from providing an acceptable title package within 60 days, a written explanation, including the cause for the delay, must be submitted to Ocwen prior to the required due date.  Any extension is solely at the discretion of Ocwen and is not a legal right of the holder.  Lengthy delays in submitting title packages could result in Ocwen returning custody of the property to the holder.

  d.     Questions regarding title should be directed to: Ocwen at 407-737-5136.

Required Title Documents

State of Washington

Non Judicial Foreclosures

Copy of original recorded Deed of Trust.

[   ]            Copy of recorded Trustees Deed.

[   ]            Recorded Warranty Deed conveying title to the Secretary of Veterans Affairs.

[   ]            Policy of Title Insurance insuring the Secretary of Veterans Affairs for the amount shown in our bidding instruction letter. (Commitment for Title Insurance is not acceptable.)

NOTE:  The cost of the Title Insurance Policy and Recording Fees will be included as part of your liquidation expenses in your claim under the loan guaranty.

Deed-in-Lieu of Foreclosure

[   ]         Copy of Deed of Trust.

[   ]         Recorded Warranty Deed conveying title to the Secretary of Veterans Affairs.

[   ]         Policy of Title Insurance insuring the Secretary of Veterans Affairs for the amount shown
              in our instruction letter.  (Commitment for Title Insurance is not acceptable.)

NOTE:  The cost of the Title Insurance Policy and Recording Fees will be included as part of your liquidation expenses in your claim under the loan guaranty.

 

Required Title Packages
State of Washington
Judicial Foreclosure - Total Debt Bids

[   ]            Copy of original recorded Deed of Trust.

[   ]            Sheriff's Certificate of Purchase, and Assignment to the Secretary of Veterans Affairs. Copies are acceptable at this time, but the RECORDED originals must be sent to us as soon as they are available.

[   ]            Update to the Commitment for Title Insurance stating that the Secretary is the holder of the Sheriff's Certificate and that he will have marketable title when the Sheriff's Deed is issued.

Judicial Foreclosures - Other than Total Debt Bids

[   ]            Copy of original recorded Deed of Trust.

[   ]            Return of Service or statement from attorney as to which parties were personally served.

[   ]            Judgment of Foreclosure, as entered.

[   ]            Partial Satisfaction of Judgment (crediting proceeds of Sheriff's Sale).

[   ]            ORIGINAL Note endorsed to the Secretary of Veterans Affairs or, if the Note has been filed with the court, an endorsement to the Secretary of Veterans Affairs, with a statement on the endorsement that the original Note is on file in clause #                 .

 

NOTE:  If a judgment was entered against the veteran and spouse, and they were personally served, then no endorsement of the note is required.

[   ]         ORIGINAL Assignment of Judgment to the Secretary of Veterans Affairs, if a deficiency               judgment was obtained.

[   ]         Sheriff's Certificate of Purchase, and Assignment to the Secretary of Veterans Affairs. Copies are acceptable at this time, but the RECORDED originals must be sent to us as soon as they are available.

[   ]         Update to the Commitment for Title Insurance stating that the Secretary is the holder of the Sheriff's Certificate and that he will have marketable title when the Sheriff's Deed is issued.

INFORMATION ON TITLE REQUIREMENTS

MONTANA

It is the responsibility of the holder/servicer to collect, review, and determine the sufficiency of the title documents needed to effect conveyance of fee simple title by the recording of a deed to the Secretary of the Department of Veterans Affairs (VA).  Holders/servicers must make every effort to assure that the required documents are properly completed and recorded to avoid delays in the payment of the acquisition portion of the claim.

The trustee's sale date affixes the rights of the parties under 38 CFR 36.4320(i)(1).  VA will reconvey the property unless the following conditions are met:

  a.     The VA Form 26-8903, Notice for Election to Convey and/or Invoice for Transfer of Property MUST:

       (1)   Properly identify the VA loan account number;

  (2)   Specify in Block 5 whether the conveyance was a regular foreclosure or a deed in lieu of foreclosure;

  (3)   Be delivered to VA within 15 days of the date of the foreclosure sale or date of execution of deed in lieu of foreclosure, as required by 38 CFR 36.4332.

  (4)   Mail to:

Department of Veterans Affairs
Loan Administration Section (261)
155 Van Gordon Street
Box 25126
Denver CO  80225

  b.     Complete and accurate Title documentation must be submitted as a package within 60 days of the foreclosure sale date or the date of execution of a deed in lieu of foreclosure. Send complete title packages to:

VA REO/Title Review
Ocwen Loan Servicing LLC
Attn:  Title Manager VA REO
12650 Ingenuity Drive
Orlando, FL  32826

  c.     If circumstances prevent the holder/servicer from providing an acceptable title package within 60 days, a written explanation, including the cause for the delay, must be submitted to Ocwen prior to the required due date.  Any extension is solely at the discretion of Ocwen and is not a legal right of the holder.  Lengthy delays in submitting title packages could result in Ocwen returning custody of the property to the holder.

  d.     Questions regarding title should be directed to: Ocwen at 407-737-5136.

Required Title Documents

MONTANA 
FORECLOSURE

[   ]            Original or certified copy of the Mortgagee Title Policy

[   ]            Original or Recorded Copy of Trust Indenture

[   ]            Original or Copy of Trust Indenture Note

[   ]            Original or Certified Copy of Recorded Trustee’s Deed

[   ]            Original or Certified Copy of Recorded Warranty Deed

[   ]            Original Owners Title Policy

DEED IN LIEU OF FORECLOSURE

[   ]            Original or certified copy of the Mortgagee Title Policy

[   ]            Original or Certified Copy of Recorded Estoppel Affidavit

[   ]            Original or Recorded Copy of Trust Indenture

[   ]            Original Trust Indenture Note, Endorsed to VA

[   ]            Original or Certified Copy of Recorded Deed of Reconveyance

[   ]            Original or Certified Copy of Recorded Transfer Deed (Borrower to Lender)

[   ]            Original or Certified Copy of Recorded Transfer Deed (Lender to VA)

[   ]            Original Owners Title Policy

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