You remember Glaski, in which a California Appeals Court found that borrowers have standing to challenge void assignments of their loans, even if they were not a party to or a beneficiary of the assignment. In Glaski, the court held that a borrower has standing to challenge an assignment if the defect would void it, but not when […]
The New York Times Dealbook reports on a new wave of mortgage complaints—borrowers in the midst of loan modification being bounced to new servicers. Full article here. Excerpt: A growing number of homeowners trying to avert foreclosure are confronting problems on a new front as the mortgage industry undergoes a seismic shift. Shoddy paperwork, erroneous […]
The New Mexico Supreme Court handed Bank of New York Mellon (and the district court’s analysis) its ass in a handbasket. This whole opinion is great. Some of the key findings or analyses: Possession of a note specially indorsed to another does not by itself demonstrate that the possessor is entitled to enforce the instrument. […]
For those following the Stauffer case, discussed here, the Arizona Supreme Court denied review of the case. That means that Stauffer stands as decided by the Arizona Court of Appeals. RE: KARL STAUFFER et ux v US BANK/FIRST AMERICAN TITLE Arizona Supreme Court No. CV-13-0296-PR Court of Appeals, Division One No. 1 CA-CV 12-0073 and No. […]
Beth Findsen Attorney 