It would not be responsible for me to speculate on whether ndex could or could not foreclose on the home. Lets see what some of the dates are with regards to when the original lien was filed (the second loan) verses when the foreclosure occurred. Also lets see how his conversation goes with the old title officer as well as what he digs up with the preliminary title report. A quick conversation with the title officer should help alot. Chances are that since it was so long ago the title officer will not recall so he may want to have a copy of the title report when he calls them. Also he should call ndex first rather then sending them anything back but definitely he should not ignore them.
