The Home Equity Theft Reporter: One Florida Trial Court Gets It Right; Says Bankster Has No Standing To Foreclose Merely By Reason Of Note & Mortgage Ownership By Its Wholly-Owned Sub

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Florida Home Prices, Sales Continue to Rise in April Prices continued to rise across the country amid tight inventories of homes for sale. Home Prices Continue Their Ascent nationwide home prices rose 0.3 percent in April, increasing 6.4 percent on.

This Court has deferred rulings on dozens of other motions for relief from stay pending the resolution of the issue of whether an entity which acquires its interests in a mortgage by way of assignment from MERS, as nominee, is a valid secured creditor with standing to seek relief from the automatic stay.

A Sixth Circuit U.S. Court of Appeals panel on April 23 reversed an award of summary judgment to a mortgage lender, a mortgage brokerage firm and its principals after finding that an appraisal that inflated the value of a man’s home as part of the formation of an adjustable-rate mortgage (ARM) loan was the proximate cause of his alleged financial injury.

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The trial court decided instead to accept the challenge from a party without standing (CW did not own the debt and their standing was entirely based upon the void note and mortgage). Inherent in the trial court’s erroneous decision was the presumption that was used to allow Countrywide to oppose the rescission – i.e., that because it supposedly had the original note and mortgage, it therefore owned the debt.

*At least one person in the class must be vested in order for it to be vested subject to open; if no one in the class has vested, the remainder is contingent What is the Rule of Convenience? If a grant doesn’t have an express closing date, the Rule of Convenience closes the class when an member of the class becomes entitled to immediate possession

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