Longshot - Improperly recorded mortgage?

[Tom_Mi]

First, this might be a false alarm...the atty will get a current copy from the county to be sure....

First, I'm surrendering my properties..but the scenario below, if not a fairy tale, poses an intriguing possibility.

My atty was reviewing my paperwork last week. I gave him all my copies of my recorded mortgages... and one of my apartment mortgages looked strange to him.

Even though the pages had barcodes as though it was RECORDED, several of the pages lacked signatures.

The atty says that a trustee can use this fact to seize the property from the bank and sell it on his own. (potentially at a discount to a cash-laden surrogate of my choosing)

Does a trustee *REALLY* have the ability to take a property if the mortgage was improperly recorded???

[HHM]

Yes, we have had a couple of people get hosed because of improperly recorded deeds and mortgages. If its a merely technical error, they probably cannot sieze, but if the error is more substantive; yes, the trustee can seize that property.

It really doesn't effect you, the debt associated with the property is discharged as to you.