The mortgage, which is the lien, is a mere accessory to the note and can be enforced only by the proper note holder (the legalese is “real party of interest”). The wee problem is that this apparently never done (I’ve been told one person trying to track down a particular note found it, at Countrywide.
· Nolan’s lawyers, Brian Korte and Scott Wortman of Korte & Wortman in West Palm Beach, argued the suit – "based on the same mortgage, same note, same default and same damages as the prior two actions" – was barred under the two-dismissal rule.
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Foreclosure lawyers told me one other thing about the rocket docket.. a record 102,134 properties; that same month, more than a third of all home sales. Two, some of the banks doing the foreclosing seem to have.. “Plaintiff owns and holds the note,” it claims, “or is a person entitled to enforce the note.
For example, since the financial crisis started hitting hard in 2007, causing massive joblessness and homeowner equity collapse, the ensuing foreclosures have thrown a glut of houses into foreclosure auctions. Those auctions have become a palpably real marketplace for buying houses a wildly low prices.
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Posted by BNG in Banks and Lenders, Foreclosure Defense, Judicial States, Mortgage Laws, Non-Judicial States, Note – Deed of Trust – Mortgage, Your Legal Rights 1 Comment Homeowners faced with mortgage foreclosures often opted for Deed in Lieu of Foreclosure.
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