Bank that initiated foreclosure action not subject to state debt-collection law
"The Bank" Does NOT Own Your Mortgage, They Have No Independent Right to Foreclosure Notes From Foreclosure Trials All across this nation, "The Banks" and "The Servicers" are filing millions of foreclosure cases, pursuing loan modifications or concluding Short Sales.
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assigned the deed to JP morgan chase bank, N.A (Chase). When Chase initiated a non-judicial foreclosure sale on the property, the Ameses filed lawsuits in state court and then in federal court, alleging among other things that the assignment of the security deed to Chase was invalid.
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the action because it was not the owner of the debt or vested with the rights of an owner at the time that the action was initiated, and, therefore, the court lacked subjectmatterjurisdictiontorenderajudgmentofstrict foreclosure in favor of the substitute plaintiff, US Bank, National Association, as Trustee for the RMAC Trust, Series 2013-3T.
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D. Title Commitments In Foreclosure Actions 11 At the beginning of a nonjudicial foreclosure action, the lender’s attorney orders a title product for the subject property. A foreclosure commitment is a title insurance product used to ensure that insurable and marketable title is delivered to the lender at the end of a foreclosure.
"In a mortgage foreclosure action, a plaintiff has standing where it is both the holder or assignee of the subject mortgage and the holder or assignee of the underlying note at the time the action is commenced" (Bank of N.Y. v Silverberg, 86 AD3d 274, 279; see Countrywide Home Loans, Inc. v Gress, 68 AD3d 709).
There, a bank initiated a foreclosure action in the United States District Court for the Eastern District of New York. The borrower, a New York resident, moved to dismiss the action for lack of subject matter jurisdiction, arguing that there was no diversity between the parties because the foreclosing lender’s parent company’s principal place of business was in New York as well.
in interest to Bank of America, N.A., as successor by merger to LaSalle Bank, N.A., as Trustee under the Pooling and Servicing Agreement Dated as of August I, 2006 GSAMP Trust 2006-HE5 (hereinafter "u.s. Bank") initiated a judicial foreclosure action in the Circuit Court for Multnomah County as the successor in interest to the securitized trust.