Review the loan documents:

• Are the signors on the note and mortgage the same?

• Is the legal description correct?

• Are the names and dates on all loan documents consistent?

• Is the legal description in the title policy consistent with the mortgage?

The title search:

• Order the title search immediately

• Limited title search (from date of mortgage) or full search

• Does title search show deeds and mortgages properly recorded and properly indexed?

• Are there any different spellings or variations of names?

• Did any owner fail to sign the mortgage?

• Subsequent owners are necessary parties if they still own the property – intervening owners who no longer have an interest in the property are not necessary parties.

• Prior lienholders are not necessary parties as their position cannot be affected by your foreclosure.

• If the title search reveals past due taxes, there is the risk of losing the property at a tax sale. If the property has been sold for taxes, there is only one year to redeem.