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--TILA Case Law

Truth in Lending Act Case Law Summaries

Truth in Lending Case Law

McIntosh v. Irwin Union Bank & Trust

--Mortgage Lender Fraud  

Current Trends in Residential Mortgage Litigation

Mortgage Servicer Must Prove Up the Original Note

--Landmark Decisions in 2011

U.S. Bank v. Ibanez

The impact of the U.S. Bank v. Ibanez case on the foreclosure and REO market. The Court’s ruling appears rather elementary: you need to own the mortgage before you can foreclose. But it’s become much more complicated with the proliferation of mortgage backed securities (MBS’s) –which constitute 60% or more of the entire U.S. mortgage market. The Court has held unequivocally that the common industry practice of assigning a mortgage “in blank” — meaning without specifying to whom the mortgage would be assigned until after the fact — does not constitute a proper assignment, at least in Massachusetts.

See Also: Ibanez v. U.S. Bank Case and Ibanez and Securitization Fail

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