"Lender Liability" Claims That BFP Could File Under "Title", For Bad Faith Loan?

[dkwemn]

I hope that the 3rd time is the charm, to get an answer for asking this question in a CLEARER manner.

IMPORTANT NOTE- ANY COURT FILING WOULD BE BASED ON "TITLE LAW" ONLY, NOT TILA!

In a "Race- Notice" State, WHAT 2 MAIN "Causes Of Action" for "Lender Liability" could the "Bona Fide Purchaser" FILE against a Lender, if a Loan was Fraudulently done on the Property by someone OTHER THAN the BFP, if the 2 following KEY elements were involved? :

1.When for SOME Reason, Recovery was NOT Available to either the Lender OR the BFP, from The "Fraudulent Borrower";

2. The Property Records CLEARLY Show that the BFP had "Recorded" their interest in the Property, PRIOR to the Fraudulent Loan, thus giving the Lender (or their Title Insurer) "Notice" that would have triggered their "Duty To Inquire", BEFORE they approved the Loan for the Fraudulent Borrower.

I reiterate, these questions pertain ONLY to the BFP filing Court Claims for the "Lender's Liability" for their role in the Property Fraud ("Actual or "Constructive"), under "Title Law", NOT the Fraudulent Borrower's Liability, nor anything under TILA.

[dkwemn]

"Lender Liability" Claims That BFP Could File Under "Title", For Bad Faith Loan

I hope that the 3rd time is the charm, to get an answer for asking this question in a CLEARER manner.

IMPORTANT NOTE- ANY COURT FILING WOULD BE BASED ON "TITLE LAW" ONLY, NOT TILA!

In a "Race- Notice" State, WHAT 2 MAIN "Causes Of Action" for "Lender Liability" could the "Bona Fide Purchaser" FILE against a Lender, if a Loan was Fraudulently done on the Property by someone OTHER THAN the BFP, if the 2 following KEY elements were involved? :

1.When for SOME Reason, Recovery was NOT Available to either the Lender OR the BFP, from The "Fraudulent Borrower";

2. The Property Records CLEARLY Show that the BFP had "Recorded" their interest in the Property, PRIOR to the Fraudulent Loan, thus giving the Lender (or their Title Insurer) "Notice" that would have triggered their "Duty To Inquire", BEFORE they approved the Loan for the Fraudulent Borrower.

I reiterate, these questions pertain ONLY to the BFP filing Court Claims for the "Lender's Liability" for their role in the Property Fraud ("Actual or "Constructive"), under "Title Law", NOT the Fraudulent Borrower's Liability, nor anything under TILA.

[sandyclaus]

Re: "Lender Liability" Claims That BFP Could File Under "Title", For Bad Faith Loan?

Please stop posting and REPOSTING the same question in several different forum areas. One post is enough.

[dkwemn]

Re: "Lender Liability" Claims That BFP Could File Under "Title", For Bad Faith Loan?

My Apologies,

But this could fall under "Civil Litigation", Or "Real Estate", since it's about "Claims", and the areas/emphasis of law within these categories for Attorneys In-The-Know, CAN be quite DIFFERENT!

[sandyclaus]

Re: "Lender Liability" Claims That BFP Could File Under "Title", For Bad Faith Loan?

My Apologies,

But this could fall under "Civil Litigation", Or "Real Estate", since it's about "Claims", and the areas/emphasis of law within these categories for Attorneys In-The-Know, CAN be quite DIFFERENT!

So, pick one. But do not keep creating multiple threads with the exact same subject matter, thank you.