Firm claims 75% of mortgage assignments invalid in Mass. county

Sample Complaint against loan servicer, trustee of mortgaged-backed securities fund, MERS and foreclosure trustee for wrongful foreclosure, quiet title, cancellation of trustee’s deed.

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The firm specializes in the areas of commercial collections, consumer collections, 10-7 or 5-19-15 to protect 75% of their wages and then claim that the Alabama Constitution protects an. assignment from the original issuer of the account to the current plaintiff. The original debt is.

The assignment of a right or obligation is a common contractual event under the law and the right to assign (or prohibition against assignments) is found in the majority of agreements, leases and business structural documents created in the United States.

The Appeals Court noted that pursuant to U.S. Bank Natl. Assn. v. Ibanez, 458 Mass. 637, 648 (2011), an entity has the authority to exercise the power of sale in a mortgage if they are the assignee of the mortgage at the time of the notice of sale and the subsequent foreclosure sale, and MERS made such an assignment to Countrywide prior to the.

11In addition to the allowable foreclosure fee, Fannie Mae will pay a notary fee up to the greater of $250 or one percent (1%) of the bid amount on the mortgage being foreclosed. 12The allowable fee for foreclosures in Florida, where judgment is obtained as a result of.

The Massachusetts Appeals Court has reaffirmed its holding in Sullivan v.Kondaur Capital Corp., 85 Mass.App.Ct. 202 (2014), that mortgagors have standing only to challenge assignments of their mortgages that are void, not merely voidable, and that the Mortgage Electronic Registration Systems, Inc. ("MERS") system of mortgage assignments comports with Massachusetts law.

A mortgagee, mortgage holder, mortgage servicer, or note holder, who has accepted full payment and satisfaction of the conditions of a mortgage in accordance with a payoff statement issued by such mortgagee, mortgage holder, mortgage servicer or note holder, as the case may be, and who refuses or neglects to provide a duly executed deed of.

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