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This evening North Carolina attorney Jim Surane will join Neil Garfield to discuss the first steps that should be taken in a Foreclosure defense case.
Surane states that, “A thorough title search of the property being subject to foreclosure is an absolute necessity. This includes researching back to the plat in the case of a home in a subdivision, and back 30 years in a case in which the property is not in a subdivision.” Surane has won many cases based upon errors in the chain of title. “It must be remembered that a large majority of the mortgages that we deal with today were closed between the years of 1992 – 2007. During these years, closing attorneys and lenders were overwhelmed with business, and as a result many errors in preparing documents that compromised the lenders lien rights.” Surane will outline the steps that should be taken in order to properly prepare to defend a foreclosure case including:
- Errors in the legal descriptions
- The legal description was attached at the time the deed of trust was signed
- Errors in the timing of the recordation of documents in the chain of title
- Errors in the spelling of the grantor or grantee names
- Both Grantors names in the body of the Deed of Trust and not just signed
- Failure to include all necessary signatures on deeds
Attorney James Surane is the Managing Partner at James W. Surane Law. He manages all aspects of trial preparation and Superior Court appearances involving foreclosure defense and general civil litigation.
Over the past 25 years Surane has litigated hundreds both bench and jury trials. Over the past 8 years, he has tried over 75 cases involving foreclosure defense and bank lawsuits, many of which resulted in very favorable outcomes for his clients. In addition to litigation, Surane manages a real estate closing department and understands the legal intricacies of title and closings. The real estate closing department has closed several thousand loans for clients.
Attorney James W. Surane
18825 West Catawba Avenue, Suite 150
Cornelius, NC 28031
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