substitution of trustee
The substitution of trustee is shown almost always as a trailing document to the NOD and its filing date. The Sub of Trust is often executed and recorded just prior to the filing of a Notice of Sale. Is this lawful? Why not, if it is for purposes of notice. Is it procedurally correct? Absolutely no, although FNMA and FHLMC would argue otherwise as they subscribe to MERS and the efficiency it provides. At the center of this debate is something obvious yet often overlooked to the benefit of the attorneys in court.
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