All Posts Tagged With: "Boyko"
No Mortgage Note, No Foreclosure
A basic rule of law is that a lender cannot foreclose without physical possession of the note. No note, no foreclosure. To get around this, note-less lenders are telling courts that they want to use a copy or the note and not the original to justify the foreclosure. If the court will accept a copy [...]
3Aug2009 | Peter G. Miller | 0 comments | Continued
Judge To Lenders: Show Me The Note
With mortgage practices under fire on Capitol Hill and across the country, a federal court decision in Cleveland is now proving more important each day: Homeowners can’t be foreclosed unless mortgage owners actually go to court and prove they have the right to call the loan.
At first this may seem unimportant. After all, when a [...]