Fighting Foreclosure through Litigation Concerning Loan Documents and Ownership

I often have clients come to me and hope to sue the banks and servicer involved with their home loans.  I have reviewed questionable loan documentation.  It appears that actually prevailing in such is becoming a bit more likely.

Banks trying to foreclose on homeowners are hitting another roadblock, as some delinquent borrowers are successfully arguing that their mortgage companies can't prove they own the loans and therefore don't have the right to foreclose.
These "show me the paper" cases have been winding through the courts for several years. But in recent months, some judges have been siding with borrowers and stopping foreclosures after concluding that banks' paperwork problems are more serious than previously thought and raise broader ethical questions
This year, cases in California, North Carolina, Alabama, Florida, Maine, New York, New Jersey, Texas, Massachusetts and others have raised questions about whether banks properly demonstrated ownership.
Full article is here (Wall Street Journal subscription required for entire article).

Posted by Andrew S. Mansfield
Mansfield Law Office
701 E. Santa Clara St., Suite 13
Ventura, CA 93001