Foreclosure › Assignments

Foreclosure is a legal process whereby a lender seeks to force the sale of a mortgaged property in order to recover the balance of a delinquent loan. Recently, the foreclosure process has been the subject of greater legislative and judicial scrutiny after systemic abuses were uncovered during the widespread foreclosure crisis resulting from the Great Recession.

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News & Analysis as of May 24, 2013

Minnesota Supreme Court Affirms That Foreclosing Parties Must Record Mortgage Assignments Prior To Initiating Foreclosure By...

by BuckleySandler LLP on 4/29/2013

On April 17, the Minnesota Supreme Court affirmed an intermediate appellate court ruling that held (i) a strict compliance standard applies to Minnesota’s foreclosure by advertisement process, and (ii) a foreclosure by...more

Failure to Comply with Minnesota's Statutory Requirements in Foreclosure by Advertisement Costs Lender

by Winthrop & Weinstine, P.A. on 4/25/2013

Lenders foreclosing by advertisement in Minnesota must comply with many technical requirements. One requirement is "that the mortgage has been recorded and, if it has been assigned, that all assignments thereof have been...more

Standing: An Affirmative Defense To Mortgage Foreclosure

by Schecter Law on 4/1/2013

To have standing to foreclose, it must be demonstrated that the plaintiff holds the note and mortgage in question. Mazine v. M & I Bank, 67 So. 3d 1129, 1132 (Fla. 1st DCA 2011). The plaintiff must prove that it had standing...more

First Circuit Holds Massachusetts Borrower Can Challenge The Validity Of A Mortgage Assignment, But Holds The Assignment Valid

by BuckleySandler LLP on 2/26/2013

On February 15, the U.S. Court of Appeals for the First Circuit held a borrower had standing to challenge the assignment of the borrower’s mortgage under certain circumstances, even though the borrower was not a party to the...more

Infobytes - A Weekly In-depth review of news & developments in the financial services industry - February 22, 2013

by BuckleySandler LLP on 2/24/2013

In This Issue: - FEDERAL ISSUES - STATE ISSUES - COURTS - MISCELLANY - FIRM NEWS - FIRM PUBLICATIONS - MORTGAGES - BANKING - CONSUMER FINANCE - PAYMENTS - SECURITIES - Excerpt from Mortgages:...more

MERS Has Power To Assign Interest in Deed of Trust, Borrower Can Challenge Assignment of Mortgage, First Circuit Rules

by Anthony Kaye, Emily Wegener | Ballard Spahr LLP on 2/20/2013

Under Massachusetts law, Mortgage Electronic Registration Systems, Inc., or MERS, has the power, as nominee beneficiary, to assign its interest under a deed of trust, the U.S. Court of Appeals for the First Circuit has ruled....more

Appellate Notes: Recent Decisions of the Connecticut Supreme and Appellate Courts - January 2013

by Edward McCreery III | Pullman & Comley, LLC on 2/14/2013

In This Issue: -AC31211 - Aguinaldo v. Warner -AC33771 - Thompson Gardens West Condominium Assn., Inc. v. Masto -AC33850 - Unifund CCR Partners v. Schaeppi -AC33400 - Samnard Associates, LLC...more

Kentucky Joins List of States Suing MERS for County Real Estate Recording Fees ($12 Each)

by Rosa Eckstein Schechter on 2/13/2013

MERS has been sued again, and it's probably not going to be the last time. The state of Kentucky (actually, it's a commonwealth) has followed the lead of states like New York, Texas, Alabama, and Delaware, and is going after...more

Michigan Supreme Court Issues Opinion on State’s Foreclosure Statute

by Scott Lesser | Miller Canfield on 1/3/2013

Shortly before the end of 2012, the Michigan Supreme Court issued its first opinion in a calendar case on Michigan's foreclosure statute in nearly 20 years. In Kim v JPMorgan Chase Bank, N.A., --- Mich ----; --- NW2d ----...more

Nevada Rejects Literalist View on Some Lender and Trust Deed Holder Requirements for the Right to Enforce

by John S. Delikanakis | Snell & Wilmer L.L.P. on 12/18/2012

Nevada’s Foreclosure Mediation Program (FMP), statutorily mandates mediation before a non-judicial foreclosure of an owner-occupied residence can proceed. It also encourages the judicial review of that mediation. It has been...more

One or more of the assignments in the chain of title for my mortgage was signed by a “known robo-signer.” Can I challenge a...

by George Bourguignon on 11/2/2012

If you are facing foreclosure and plan to defend against it in litigation, or have relied on sources stating a "robo-signer" was involved in the chain of title of your mortgage, or if you want to raise any other type of...more

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