Fifth Circuit gives servicers green light to foreclose without note

The Sixth Circuit’s ruling is significant because, among other things, the prospect of FDCPA liability may discourage law firms from engaging in mortgage foreclosure activity, requiring banks and other mortgage servicers to move some of these collection activities in-house.

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Fifth Circuit Court of Appeals gave servicers foreclosing in Texas the green light to proceed with a foreclosure even when the servicer lacks possession of the note. In a case called, Martins v. Bac Home Loan Servicing , the Fifth Circuit interpreted Texas law as granting servicers a right to foreclose without the note as long as they have a viable mortgage assignment.

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Foreclosing on Nothing: The Curious Problem of the Deed of Trust Foreclosure Without Entitlement To Enforce the Note. Dale A. Whitman Drew Milner In this article we propose to examine the extent to which a party conducting a nonjudicial foreclosure of a mortgage or deed of trust must establish that it is entitled to

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133 Nev., Advance Opinion 55 IN THE SUPREME COURT OF THE STATE OF NEVADA LN MANAGEMENT LLC SERIES 5105 PORTRAITS PLACE, Appellant, vs. GREEN TREE LOAN SERVICING LLC, Respondent. No. 69477 F1 AL 03 2W7 BY E Appeal from a district court order granting summarMudgment in a quiet title action.

IN THE UNITED STATES COURT OF APPEALS . FOR THE FIFTH CIRCUIT . No. 13-50158 . CINDERELLA GOLDEN; ERNEST GOLDEN, Plaintiffs-Appellants . v. WELLS FARGO BANK, N.A., Defendant-Appellee . Appeal from the united states district court for the Western District of Texas No. 5:11-CV-948 . Before HIGGINBOTHAM, JONES, and ELROD, Circuit Judges. PER CURIAM: *

ZADROZNY V. BANK OF NEW YORK MELLON 9 2012) (en banc), as amended, the Arizona Supreme Court recently considered "whether a trustee may foreclose on a deed of trust without the beneficiary first having to show ownership of the note that the deed secures.

Tech snafu, improper foreclosure affidavit lead to sanctions for LPS Improper foreclosure affidavit lead to sanctions by bankruptcy court for LPS The U.S. Bankruptcy Court for the Eastern District of Louisiana will sanction Lender Processing Services (LPS: 31.19 -0.89%) after an employee at the firm was found to have improperly signed a court affidavit that put a nondefaulted borrower in line for foreclosure.