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REVENGE OF THE DEBTORS – WHO CAN LEGALLY ENFORCE A MORTGAGE AFTER A “LANDMARK” CASE
“These cases encourage debtors and other parties to defensively use the mortgage securitization servicing system to prohibit servicers and other non-lending parties from enforcing rights under a mortgage. This trend, if it continues, may have significant impacts for consumer-debtor lawyers, as well as law firms that enforce mortgages and participated in mortgage loan securitization.” “A... [Read more]
REVENGE OF THE DEBTORS – WHO CAN LEGALLY ENFORCE A MORTGAGE AFTER A “LANDMARK” CASE
“These cases encourage debtors and other parties to defensively use the mortgage securitization servicing system to prohibit servicers and other non-lending parties from enforcing rights under a mortgage. This trend, if it continues, may have significant impacts for consumer-debtor lawyers, as well as law firms that enforce mortgages and participated in mortgage loan securitization.” “A... [Read more]
This Judge “Gets It” Indymac Bank F.S.B. v Yano-Horoski
Indymac Bank F.S.B. v Yano-Horoski “Upon the Court’s own motion, it is ORDERED that the Adjustable Rate Note in the amount of $ 292,500.00 dated August 4, 2004 made by Diana J. Yano-Horoski in favor of IndyMac Bank F.S.B. shall be and the same is hereby cancelled, voided, avoided, nullified, set aside and is of no further force and effect; and it is further ORDERED that the Mortgage in the... [Read more]
This Judge “Gets It” Indymac Bank F.S.B. v Yano-Horoski
Indymac Bank F.S.B. v Yano-Horoski “Upon the Court’s own motion, it is ORDERED that the Adjustable Rate Note in the amount of $ 292,500.00 dated August 4, 2004 made by Diana J. Yano-Horoski in favor of IndyMac Bank F.S.B. shall be and the same is hereby cancelled, voided, avoided, nullified, set aside and is of no further force and effect; and it is further ORDERED that the Mortgage in the... [Read more]
Defective Paperwork Strips Mortgage Holder of Foreclosure Rights NO. 09-CV-10988-PBS
MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. and COUNTRYWIDE HOME LOANS, INC., v WARREN E. AGIN, TRUSTEE, A Massachusetts federal judge has upheld a bankruptcy court ruling allowing a trustee to treat a mortgage as an unsecured claim, which strips the mortgage holder of foreclosure rights, because of defective mortgage paperwork. 4closureFraud http://4closurefraud.wordpress.com/ View this document... [Read more]
