Alabama judge denies securitization trustee standing to foreclose

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trustees, and the debt was memorialized in a promissory note secured by a Deed of Trust. When Ms. Anderson defaulted on her loan payments in August 2009, JPMorgan commenced this action for foreclosure. After the court denied her Motion to Stay the proceedings, the foreclosure sale proceeded, and she appeals.

 · If the U.S. Trustee inquiry determines that wrongdoing occurred, it could ask the bankruptcy judge to impose sanctions, including specific restrictions on Deutsche Banks’ actions in foreclosure.

A Palm Beach County, Florida Circuit Court Judge denied Citimortgage, Inc. as trustee of an american home mortgage securitized mortgage loan trust’s motion for summary judgment yesterday. The ruling was the only one of its kind on the entire foreclosure docket yesterday afternoon; all other bank summary judgment motions were granted.

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fn6 Onyeoziri also pointed to a purported discrepancy that “calls into question whether [Spivok] and Mr. Collins properly attained standing as substitute Trustees to. that the motions court denied. GRETCHEN MORGENSON November 15, 2007 A federal judge in Ohio has ruled against a longstanding foreclosure practice, potentially creating an obstacle for lenders trying to reclaim properties from troubled borrowers and raising questions about the legal standing of investors in mortgage securities pools.

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Judge. lacked standing to sue, a decision that was affirmed by the appeals court. "The court properly denied plaintiffs’ motion seeking to enjoin defendants from taking any action to transfer the.

From the viewpoint of the borrower’s counsel, however, they sought something much larger than a verdict in this one case. They sought a verdict they could use to challenge nationwide the standing of securitized trusts to foreclose. The trial judge did not issue a hasty decision in what had become a very non-routine eviction action.

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It is unclear whether other federal courts, which have not adopted rules similar to the Northern District of Ohio’s Procedures, will take a similar view as to the documentation necessary to demonstrate a securitization trustee’s standing to bring a foreclosure action where it is not identified on the promissory note and mortgage.

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Why Residential Foreclosure Produce the Note’ Defenses Always Fail. securitization defenses’ and found that only the trustee can demand to see originals.. June 28, 2013) (rejecting show me the note arguments asserting lack of standing to foreclose under Arizona law); Au v. Republic State Mortg. Co., ___ F. Supp. 2d ___, 2013 WL.