Ala. court says alleged problems with securitization aren’t a borrower concern

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Over on Housing Wire, Paul Jackson is crowing that chain-of-title issues in mortgage securitization are overblown because an Alabama state trial court rejected such arguments in a case ironically captioned U.S. Bank v. Congress.. But let’s actually consider whether the opinion matters, what the court actually did and did not say, and whether it was right.

Alabama Judge Accepts New York Trust Theory, Dismisses. – Paul Jackson has been forced to eat a bit of crow. A judge in Alabama in a case called Horace v. LaSalle overturned a foreclosure action based on the failure of the trust to comply with the terms of the pooling & servicing agreement. As you see, the judge ruled that the borrower can assert rights under the Pooling and Servicing agreement as a third party beneficiary and that he was "surprised.

Banks Hit Hurdle to Foreclosures MyPropertyValue – Banks Hit Hurdle to Foreclosures By NICK TIMIRAOS – The wall street journal june 1, 2011. 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.

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You do not have to take my word for it. Look at what two attorneys say about securitization audits: ". Most ‘securitization audits’ that I have reviewed are inadmissible in a court of law; they contain a mere opinion of a layman without personal knowledge (direct experience) as to what happened with a particular mortgage note after closing.