How risky? - Posted by GJ

Posted by John Behle on March 29, 2000 at 22:04:09:

Yes, she could come back, but the court would likely look at the ten years of not griping about being paid as evidence that the note was assigned and she knew it.

Yet, there is some risk. Courts do strange things at times. It might depend on what your attorney says and whether after seeing what docs you have and knowing the situation he feels he would be able to defend it.

How risky? - Posted by GJ

Posted by GJ on March 27, 2000 at 19:42:17:

I am going to talk to my lawyer tomorrow but I thought I might ask you experts how risky the following is:

Note/Trust Deed assigned 10 years ago from Seller A to Seller B. Seller A was done by Power of Attorney. Power of Attorney was not recorded and cannot be found (yet). Unsure where Seller A is. Title company will not issue a lender’s title policy. Seller B has been paid consistantly over the past 10 years.

How risky is it to buy this note?

What is the risk? - That Seller A could come back and say note was not sold by her? Would court actually listen to her since the funds were made out to her and she has not received payment for so long?

Any advice?