Alabama judge denies securitization trustee standing to foreclose

Alabama judge denies securitization trustee standing to foreclose

IN RE: MARTY EUGENE BOX (2010) (Judge Federman) The Debtors do not oppose the motion, but the Chapter 7 Trustee has challenged BAC’s standing to seek relief from the stay. For the reasons that follow, the Court finds that BAC has not proven that it is the holder of the Note.

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The ruling was issued Oct. 31 by Judge Boyko, and relates to 14 foreclosure cases brought by Deutsche Bank National Trust Company. The bank is trustee for securitization pools, issued as recently as June 2006, claiming to hold mortgages underlying the foreclosed properties.. Such proof gives a creditor standing to foreclose against a.

 · This article discusses 42 cases with suddenly appearing (often called “ta-da”) endorsements. In each case, a bank-trustee tried to foreclose on behalf of a mortgage-backed trust. Most of these cases began with the filing of an unendorsed note that was described in the bank’s pleadings as a true and correct copy of the original note.

Supreme Court denied the motion and then granted Aurora's motion for. of the foreclosure action, Aurora was vested with standing to foreclose.. made part of a residential mortgage-back securitization trust, and Deutsche Bank Trust. Monique Taylor, & c., et al., Appellants, et al., Defendants.. LIPPMAN, Chief Judge:.

Getting freeOn 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.

On March 30, an Alabama judge issued a short, conclusory order that. simply trying to show the foreclosing trust doesn't have standing.

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The wheels of litigation move slowly, but there are a couple of recent securitization fail litigation decisions that are worthy of note. First, in the Congress case, a wrongful foreclosure action in Alabama (see my previous blogging on it here), the Alabama appellate court reversed and remanded, a victory for the homeowner.

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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.

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Judge Karlan under LASC case number SC117023 “DENIED” Wells Fargo’s Request for Judicial Notice of the very same Deed of Trust, Notice of Default, Substitution of Trustee and the Notice of Rescission concerning real property located at Roca Chica Dr. Malibu, CA 90265.

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