Degradation of Legal Profession in Foreclosure Fiasco

Abigail Field raises a salient point regarding the whole soup to nuts foreclosure fiasco:  where were the lawyers at all phases?  Here’s an excerpt regarding the foreclosure segment, but the whole piece is here at her blog, Reality Check: Foreclosure Business Model Destroys the Legal Profession The corruption of our legal system is even worse […]

Unseemly is One Word For It

This is a great post on Naked Capitalism from Michael Olenick.  The scenario described is not at all rare, unfortunately. Elements of their case that should surprise have become the new normal. An assignment of their mortgage from Resmae to ACE 2007-HE4 was dated Feb. 27, 2007, notarized Jan. 9th, 2009, and recorded May 22, […]

State Supreme Court Washington and Kentucky Analyze Rebuttal of Trustee’s Deed Presumption of Validity, and Lien Priority of MERS

A couple of recent mortgage-related state Supreme Court decisions:Wash SC Rebutted Presumption of Validity Trustee’s Deed   MERS v Roberts Ky SC Albice v. Dickinson, Cause No. 85260-0 (Wash. May 24, 2012)(presumption of validity of trustee’s deed rebutted) The trial court ruled that despite procedural noncompliance, the purchaser was a BFP under the statute and quieted […]