The Mortgage (or deed of trust in some states) is the legal instrument which secures the property as collateral for the loan.It is important to think of it in those terms as they have two different purposes.

I have been repeatedly requesting documentation to paper up this transaction showing altisource has the power and authority to act on behalf of the trust that owns the property with little success.Seller is now 6 days in breach of contract and claiming they have no paperwork to provide us (even though they have claimed this before) although I know for a fact documentation exists as they have provided another trust instrument.

Here are exemptions to Due on Sale(d) Exemption of specified transfers or dispositions With respect to a real property loan secured by a lien on residential real property containing less than five dwelling units, including a lien on the stock allocated to a dwelling unit in a cooperative housing corporation, or on a residential manufactured home, a lender may not exercise its option pursuant to a due-on-sale clause upon— (1) the creation of a lien or other encumbrance subordinate to the lender’s security instrument which does not relate to a transfer of rights of occupancy in the property; (2) the creation of a purchase money security interest for household appliances; (3) a transfer by devise, descent, or operation of law on the death of a joint tenant or tenant by the entirety; (4) the granting of a leasehold interest of three years or less not containing an option to purchase; (5) a transfer to a relative resulting from the death of a borrower; (6) a transfer where the spouse or children of the borrower become an owner of the property; (7) a transfer resulting from a decree of a dissolution of marriage, legal separation agreement, or from an incidental property settlement agreement, by which the spouse of the borrower becomes an owner of the property; (8) a transfer into an inter vivos trust in which the borrower is and remains a beneficiary and which does not relate to a transfer of rights of occupancy in the property; or (9) any other transfer or disposition described in regulations prescribed by the Federal Home Loan Bank Board.

The Mortgagee has the ability to accept or reject insurance in most cases through the language in the security instrument.  

BP had been incredibly instrumental in helping me decide what I want to do as far as real estate.

Effective Date: 10-06-1980 5313.09 Instrument of cancellation of land contract.A judgment for the vendor shall operate to cancel the land installment contract as of a date to be specified by the court.

Once you have sold the property the owner carry becomes a debt instrument and is not eligible for a 1031 exchange on it's own.However there is a way to still combine the owner carry note with a 1031 exchange.  

Let's clean up this terminology.A Mortgagee is on title since they are granted, through the security instrument (mortgage, deed of trust) an interest in the real property.  

@Cynthia Scaife,@Rob Beland,Aaron T.As a professional investor, I do not believe in banks or hml ( hard money lenders )As a professional experience, I've Never as an instrument vessel to obtain property's.

Even in "Title Theory" states, where the security instrument is a Deed of Trust the foreclosure can still be judicial.