Facing Foreclosure? Your Mortgage or Assignment May Have Serious Probl (Brooklyn)
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If you are in foreclosure (or recently lost your home) and your loan involved MERS, an assignment to a trust, or a foreclosure attorney, your case may contain defects that affect the lender’s standing or the validity of the foreclosure process.
Common issues that have been successfully raised in New York and elsewhere include:
Missing or defective proof that the foreclosing party possessed the original note
Improper, backdated, or robo-signed assignments
MERS assignments made without proper authority
Missing or improperly affixed allonges
Failures related to RPAPL 1302 and standing challenges
Situations involving attorney abandonment or incomplete advice about your rights
These problems do not automatically cancel a mortgage, but in the right circumstances they can form the basis for challenging standing, seeking dismissal of a foreclosure action, or exploring other remedies (including claims against prior counsel in some cases).
www.sueyourlawyer.ai provides information and evaluation tools for homeowners who want to understand whether defects like these exist in their loan or foreclosure file.
If you are currently in foreclosure or were the subject of a foreclosure involving a MERS mortgage or trust assignment, visit the site to learn more about what to look for in your documents.
This is not legal advice. Every case is different. Results depend on the specific facts, documents, and timing of your matter.