Standing, Foreclosure | JD Supra Law News

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

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

Massachusetts Supreme Court Holds Standing In Servicemember Proceeding Requires Evidence Of Mortgagee Status

by BuckleySandler LLP on 1/25/2013

On January 14, the Massachusetts Supreme Judicial Court (SJC) reversed a Land Court decision and held that a trustee lacked standing to bring a servicemember proceeding because the trustee was not the clear holder of either...more

Infobytes - A Weekly In-depth review of news & developments in the financial services industry - January 18, 2013

by BuckleySandler LLP on 1/22/2013

In This Issue: - FEDERAL ISSUES - STATE ISSUES - COURTS - FIRM NEWS - FIRM PUBLICATIONS - MORTGAGES - BANKING - CONSUMER FINANCE - E-COMMERCE - PRIVACY/DATA SECURITY - PAYMENTS -...more

Illinois Supreme Court to Issue Final Four Civil Opinions on Friday Morning

by Kirk Jenkins | Sedgwick LLP on 12/26/2012

This morning, the Illinois Supreme Court announced that it will issue four more civil opinions on Friday morning to close out 2012. The upcoming decisions deal with issues as diverse as res judicata and absolute immunity,...more

Rogers Towers: Legal Standing to Bring a Mortgage Foreclosure Lawsuit

by Douglas L. Waldorf, Jr. | Rogers Towers on 12/6/2012

The importance of demonstrating legal standing as a condition precedent to filing a mortgage foreclosure lawsuit cannot be overstated. In simple terms, “standing” refers to one’s legal right to bring a lawsuit....more

New Jersey Courts Require Homeowners to Act Promptly in Defense of Foreclosure

by Ryan L. DiClemente, Francis X. Riley, III | Saul Ewing LLP on 11/20/2012

The New Jersey Appellate Division found that homeowners' excessive delay in raising their standing arguments precluded potential defenses and affirmed that a foreclosure judgment received by a party lacking standing is not...more

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