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As to the location of the note, Ms. DeMartini testified that to her knowledge, the original note never left the possession of Countrywide, and that the original note appears to have been transferred to Countrywide’s foreclosure unit, as evidenced by internal FedEx tracking numbers. She also confirmed that the new allonge had not been attached or otherwise affixed to the note. She testified further that it was customary for Countrywide to maintain possession of the original note and related loan documents.
This is apparently a huge hairy deal. Without the paperwork being transferred in a timely fashion purchasers of the mortgages may not be able to foreclose, at least not without time consuming and costly litigation. In addition all those Mortgaged Backed Securities out there, they may be backed by nothing (well even more nothing that previously, I think we are starting to get into SQRT(-1) territory here) so look for a gazillion lawsuits as purchasers of those securities sue everyone and their brother trying to recoup their losses.
Special Mortgage Backed Securities Musical Selection
and I now close with the obligatory pimping of the Army of Morons World of Warcraft guild. We are still recruiting, all are welcome. Now is an especially good time to join since the pre-cataclysm shattering took place this morning. It's a whole new world waiting to be populated by us morons. Find us on the Hellscream US server.