Chain of Title Request

Demands complete transfer history of note and mortgage. Exposes broken chains, robo-signing, MERS issues, and securitization defects that destroy standing to foreclose.

Legal Authority
UCC 3-301
Response Requested
30 Days
Purpose
Prove Standing
Result
Expose Fraud
Why Chain of Title Matters

The chain of title is often broken, making foreclosure illegal:

  • Each transfer must be documented — Missing links = no standing
  • MERS doesn't transfer notes — Only tracks servicing rights
  • Robo-signing created fake documents — Assignments often fraudulent
  • Securitization deadlines missed — Notes not properly transferred to trusts
  • Multiple claims possible — Note may have been sold multiple times

Red Flags to Watch For

  • Assignments executed AFTER foreclosure started — Fabricated documents
  • Assignments by people no longer employed — Robo-signing
  • MERS claiming to transfer the note — They can't legally do this
  • Gaps in the timeline — Missing transfers
  • Assignments from defunct companies — Impossible transfers

Required Chain of Title Documentation

Step 1: Original Lender
→ Promissory Note executed
→ Deed of Trust/Mortgage recorded
Step 2: Each Transfer
→ Endorsement on Note (or allonge)
→ Assignment of Deed of Trust (recorded)
→ Date of transfer
→ Consideration paid
Step 3: Current Claimed Holder
→ Final endorsement/assignment
→ Proof of possession
→ Authority to enforce

Template

[YOUR FULL NAME]
[YOUR STREET ADDRESS]
[CITY, STATE ZIP]
[YOUR PHONE NUMBER]
[YOUR EMAIL]

[DATE]

SENT VIA CERTIFIED MAIL # [CERTIFIED MAIL NUMBER]

[CURRENT SERVICER/CLAIMED HOLDER]
Attention: Legal Department
[ADDRESS]
[CITY, STATE ZIP]

RE: DEMAND FOR COMPLETE CHAIN OF TITLE DOCUMENTATION
Loan Number: [YOUR LOAN NUMBER]
Property Address: [PROPERTY ADDRESS]
Original Lender: [ORIGINAL LENDER NAME]

Dear Sir/Madam:

I am the borrower on the above-referenced loan. This is a formal demand for complete documentation proving the chain of title from the original lender to the current claimed holder of my promissory note and deed of trust/mortgage.

LEGAL REQUIREMENT:
Under UCC § 3-301, only a "holder" or person entitled to enforce can pursue collection. You must prove an unbroken chain of transfers. Any gap in the chain destroys standing to foreclose.

I DEMAND THE FOLLOWING CHAIN OF TITLE DOCUMENTS:

1. COMPLETE TRANSFER HISTORY OF PROMISSORY NOTE:

  • Original promissory note showing my signature
  • Each endorsement from original lender to current holder
  • Dates of each transfer
  • Names and signatures of endorsers
  • If endorsed in blank, proof of physical possession
  • Any allonges attached to the note
  • Powers of attorney for anyone signing

2. ALL ASSIGNMENTS OF DEED OF TRUST/MORTGAGE:

  • Original deed of trust/mortgage
  • Every assignment from originator to current claimant
  • Recording information for each assignment
  • Notarization and witness information
  • Corporate resolutions authorizing assignments

3. PURCHASE AND SALE AGREEMENTS:

  • All agreements for sale of the loan
  • Consideration paid for each transfer
  • Bills of sale
  • Assumption agreements

4. SERVICING TRANSFER DOCUMENTATION:

  • All servicing transfer agreements
  • Notices of servicing transfer
  • Distinction between servicing rights and ownership
  • Power of attorney from owner to servicer
MERS (Mortgage Electronic Registration Systems) DISCLOSURE

If MERS is or was involved with this loan, provide:

  • MERS MIN (Mortgage Identification Number)
  • All MERS milestone reports
  • MERS transfer history
  • Documentation of MERS authority to assign mortgage
  • NOTE: MERS cannot transfer the promissory note — only track servicing
  • Explanation of any MERS assignments of the note (likely invalid)
SECURITIZATION DISCLOSURE REQUIREMENTS

If this loan was securitized (sold to a trust/investors), you must provide:

  1. Trust Information:
    • Name of trust (e.g., "CWALT 2005-32")
    • Date loan was supposedly transferred to trust
    • Trustee name and contact information
  2. Pooling and Servicing Agreement (PSA):
    • Complete PSA with all exhibits
    • Mortgage loan schedule showing my loan
    • Proof loan met PSA requirements
    • Proof transfer occurred before closing date
  3. Trust Transfer Documents:
    • Assignment to trust (must predate closing)
    • Bailee letter if note held by servicer
    • Custodian certification

SPECIFIC QUESTIONS REQUIRING ANSWERS:

  1. Who currently holds the original promissory note?
  2. Where is the original note physically located?
  3. Has the note ever been lost? If so, when and how?
  4. Was the loan securitized? If yes:
    • When was it transferred to the trust?
    • Did transfer occur before trust closing date?
    • Was the PSA followed?
  5. Has MERS ever claimed to transfer the note?
  6. Are any assignments executed by people no longer employed?
  7. Were any documents created after default/foreclosure initiated?
  8. What authority does the servicer have from the note holder?
Documentation Fraud Indicators

I will be examining all documents for signs of fraud including:

  • Robo-signing: Signatures by "vice presidents" of multiple companies
  • Back-dating: Assignments created after foreclosure filed
  • Defunct entities: Assignments from companies that no longer exist
  • Impossible timelines: Transfers after closing dates
  • Notary fraud: Invalid notarizations, expired commissions
  • DOCX/LPS documents: Known document mill fabrications

LEGAL CONSEQUENCES OF BROKEN CHAIN:

Be advised that a broken chain of title has the following consequences:

  • No standing to foreclose
  • No right to collect payments
  • Possible quiet title action by borrower
  • Criminal liability for fraudulent documents
  • FDCPA violations if not true owner

PRODUCTION DEADLINE:

You have thirty (30) days from receipt to provide ALL requested documentation proving an unbroken chain of title. Partial responses or "to be provided later" responses are not acceptable.

FAILURE TO PROVIDE CONSEQUENCES:

Your failure to provide complete chain of title documentation will be evidence that:

  • You lack standing to enforce the note
  • The chain of title is broken
  • You have no right to collect payments
  • Any foreclosure attempt would be wrongful
  • Documents may have been fabricated
WARNING REGARDING FRAUDULENT DOCUMENTS

Creating, presenting, or filing fraudulent assignments, endorsements, or other documents is a federal crime under:

  • 18 U.S.C. § 1001 — False statements
  • 18 U.S.C. § 1341 — Mail fraud
  • 18 U.S.C. § 1014 — False statements to financial institution
  • 18 U.S.C. § 514 — Fictitious obligations

Each fraudulent document is a separate felony punishable by up to 20-30 years in prison.

RESERVATION OF RIGHTS:

I reserve all rights including:

  • Right to challenge any assignment as fraudulent
  • Right to demand discovery in litigation
  • Right to depose all signers of assignments
  • Right to criminal referrals for document fraud
  • Right to quiet title based on broken chain
  • Right to damages for slander of title

Sincerely,


_________________________________
[YOUR PRINTED NAME]
Borrower
Date: [DATE]

cc:
[Your Attorney - if applicable]
Consumer Financial Protection Bureau
[Your State] Attorney General
[County Recorder]

What to Look For in Their Response

Missing Links

Any gap in the chain means no standing. Every transfer must be documented.

Timing Issues

Transfers after trust closing dates are void. Securitization trusts have strict cutoff dates.

Signature Problems

Same person signing for multiple entities is a robo-signing red flag.

MERS Issues

MERS cannot transfer notes, only servicing rights. MERS assignments of notes are likely invalid.

Recording Gaps

Assignments not recorded timely may be invalid. Check county records against what they provide.

Post-Mailing Checklist

  • Sent via Certified Mail with Return Receipt
  • Copy of letter kept for records
  • Mailing receipts preserved
  • Calendar marked: 30-day deadline
  • Prepared to analyze response for fraud indicators
  • Ready to cross-reference with county records

Legal Citations

UCC § 3-301 — Person entitled to enforce instrument
UCC § 3-203 — Transfer of instrument
UCC § 3-204 — Endorsement
18 U.S.C. § 1001 — False statements
18 U.S.C. § 1341 — Mail fraud
18 U.S.C. § 1014 — False statements to financial institution

Related Templates