Sunday, January 9, 2011

Important New Legal Case

This week the Massachusetts Supreme Court handed down a very important case.  US Bank v. Ibanez stands for the proposition that we plaintiffs lawyers who have been looking at these cases have thought all along:  That the assignment of a mortgage is only as good as the paper trail that precedes it.

Ibanez is going to give the foreclosure industry fits, because it is likely to be cited and used in other states.  I know I'm going to use it.  It cites the "utter carelessness" by the mortgage industry which brought us to this point.

It also stands for the proposition that Robo-Signers or not, the banks do have to comply with common sense and American law to be able to foreclose.  Of all the foreclosures I have dealt with since 2005 instituted by a big bank, that has only happened once, and in that case, the mortgage for some reason was held by the bank and never assigned.  However, they were still using the wrong name on documents and we still stopped the foreclosure for long enough to be able to get that sorted out.

IT IS TIME TO BRING THESE CASES TO COURT!  LET US KNOW ABOUT YOURS TODAY!

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