DS News - U.S. Bank

DSNews August 2019

Issue link: http://dsnews.uberflip.com/i/1149365

Contents of this Issue

Navigation

Page 67 of 99

66 I N D U S T R Y I N S I G H T / R O Y A . D I A Z Accurate business records are the foundation of servicing and enforcement of promissory notes and mortgages. Most of the mortgage loan servicing process involves loans originated by others. Moreover, a large portion of loans are involved in service transfers, and therefore the records have been impacted by prior mortgage loan servicers—in many cases, more than one. As a result, it is critically important that the business records maintain reliability from origination to prior servicing, and ultimately to transferring into a new servicer. Evaluating the reliability of mortgage loan records involves two aspects of focus. First are the legal requirements associated with enforcing promissory notes and mortgages, such as proper endorsements, physical possession of the collateral, and proper assignment of mortgages. e second aspect involves proper loan business records, such as loan histories, escrow histories, system notes, and correspondence such as demand letters. It is this latter portion that is impacted most by loans and servicing data that transfer from one servicing entity to another. e process created to assure proper transfer is known as the "boarding process," or onboarding procedures. Several Florida circuit courts have recently addressed the onboarding procedures of mortgage loan servicers. Courts are more closely scrutinizing a servicer's boarding procedures to determine whether documentary evidence created by a prior servicer, but proffered into evidence at the trial by a subsequent servicer, will be deemed admissible. Generally, if a document is not created by a party to a

Articles in this issue

view archives of DS News - U.S. Bank - DSNews August 2019