Defendant goes free after prosecutor allegedly lies about content of ‘venue?’ note
ABA Journal Daily News
ABA Journal Daily News
ABA Journal Daily News
ABA Journal Daily News
ABA Journal Daily News
In my last article , I discussed whether inconsistent dates on a promissory note and deed of trust could cause problems in foreclosure. But what if you can't even find the original promissory note? Perhaps it was inadvertently shredded, or perhaps it went missing during a merger or got misfiled. Foreclosure News
Last year, we reported on a Massachusetts Land Court decision, which interpreted Uniform Commercial Code section 3-309 to conclude that a mortgagee cannot foreclose in reliance upon a lost note affidavit, because the 1990 version of UCC 3-309 requires the party seeking to enforce the note demonstrate possession prior to its loss. 32 states remain […]
In re Sunnyslope Hous. Ltd. P'ship, 859 F.3d 637 , as amended , is a noteworthy case for secured lenders. Foreclosure News
In a foreclosure action, the Illinois Appellate Court recently held that the foreclosing lender established its standing by attaching the blank-indorsed note to its complaint, but reversed judgment and remanded for the trial court to determine if a letter required by the Secretary of Housing and Urban Development regulations was actually dispatched. In U.S. Bank […]
ABA Journal Daily News
It's very simple really, and this is something I have never covered in the perhaps mistaken belief that it was too simple and everybody knew this. The Note is the loan contract that sets the terms of the loan, repayment, etcetera. Foreclosure News