By now, it is abundantly clear that lenders were at best
careless when acquiring and transferring mortgages. Throughout the industry,
they had a carefree attitude when it came to safekeeping of mortgages note and
other mortgage documents. It appears that the documentation has not followed
As banks lift their foreclosure freezes, many people may
assume that the banks have solved their problems in documenting foreclosures. I
suggest this is not the case.
To understand this, keep in mind one of the problems. This is that an
electronic package of mortgages owned by Bank A might list...
Here is an article which predicts that 2011 will be
a banner year...for foreclosures. "'Early indications in January were that
this robo-signing related delay will be over by the end of first quarter if not
sooner,' says RealtyTrac's Rick Sharga. 'I think we're going to see...
by Raphaela Taylor
Secured lenders often resort to non-judicial foreclosure
sales of personal property upon a borrower's default. Article 9, Part 6 of the
Uniform Commercial Code requires that every aspect of such a sale must be
commercially reasonable. However, the courts have historically...