· Homeowners in foreclosure should remember that if a Bank “as Trustee” is suing them, there may be transfer issues that may be grounds for dismissing the case. Consult an experienced Attorney. The full story at Housingwire can be found here: Alabama judge denies securitization trustee standing to foreclose.
MONTGOMERY — State prosecutors have subpoenaed an array of records from the Alabama Department of Agriculture and Industries covering much of the time that. REQUEST TO REMOVE Bayou Fastner – Mobile, Alabama
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A Washington County, Pennsylvania Judge has denied a Motion for Summary Judgment filed by USBank as the claimed "trustee" of a Bear Stearns securitization. The case involves a claimed MERS assignment to USBank.
1:07CV2282, et al. The issue of jurisdiction is front and center in the litigation over mortgage foreclosures, now thriving in the current housing bust and default crisis. But the boom in.
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· Improper Mortgage Securitization Stops Foreclosure. June 6, 2014. By. On March 30, an Alabama judge issued a short, conclusory order that stopped foreclosure on the home of a beleaguered family, and also prevents the same bank in the case from trying to foreclose against that couple, ever again.
predecessor from which to take the derivative standing under 11 U.S.C. 544(b) that he asserted 6While the appeal in the main case was before Judge Schiltz, things got complicated at the doing of both sides. The Trustee moved to certify the appeal to the Eighth Circuit pursuant to 28 U.S.C. 158(d)(2)(B)(i). Judge Schiltz denied that motion.
Foreclosure defense is a new concept that continues to grow alongside the rising tide of foreclosure cases. While some courts accept foreclosure defense arguments, others find them specious and hand down decisions more beneficial to banks than to homeowners.
Alabama Judge Denies Securitization Trustee Standing to Foreclose Without proof the mortgage had been assigned to the trust, in this case a Bear, the trustee lacked standing to foreclose, the court found.
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Law360, New York (November 29, 2012, 3:27 PM EST) — A California federal judge. to foreclosure proceedings in 2009 or 2010. The plaintiffs, a group of 16 homeowners, filed suit against U.S..