Federal COA Grants Borrowers Legal Standing To Challenge Mortgage Assignments

But Upholds MERS System Richard Vetstein, Massachusetts Real Estate Law Blog What entity is not a bank but claims to hold title to approximately half of all the mortgaged homes in the country? The answer is MERS. –Circuit Judge Bruce Seyla in Culhane v. Aurora Loan Servicing of Nebraska, For the second time in a week, […]

Mass SJC Rules In Favor of Fannie In Foreclosure Affidavit Case

Jenifer B. McKim, Boston Globe The Massachusetts Supreme Judicial Court on Friday affirmed a lower court decision in favor of mortgage giant Fannie Mae that removes a legal challenge for borrowers fighting foreclosure. The state’s top court ruled that a so-called “affidavit of sale” is enough for a lender to prove it has the right […]

Mass SJC Rules Lenders must have paperwork to foreclose

Says future seizures require paperwork Jenifer McKim, Boston Globe The state’s highest court ruled Friday that lenders must have proper paperwork in hand at the time they complete a foreclosure, but the decision does not apply to seizures that have already taken place, removing a cloud of uncertainty over the status of property titles for […]

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