Talking about Banks Seeking to Foreclose Face More Questions About Legal Standing – ProPublica

 

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Banks Seeking to Foreclose Face More Questions About Legal Standing – ProPublica

As we’ve noted, banks seeking to enforce foreclosures must demonstrate that they have proper documentation proving their right to enforce a foreclosure [1]—meaning they have the legal standing to enforce the foreclosure either as the holder of the note or as an agent acting on behalf of the holder. In bankruptcy court, this hasn’t always been easy for the banks. Over the weekend, a piece by Gretchen Morgenson of the New York Times noted that the United States Trustee Program—a Justice Department unit tasked with overseeing bankruptcy courts—has ramped up its scrutiny of banks’ foreclosure processes and is forcing banks to prove that they have the right to enforce foreclosures [2]. Morgenson points out two cases in federal bankruptcy court in Atlanta in which a U.S. trustee stepped in and asked bankruptcy judges to deny requests from Wells Fargo and Chase to allow them to proceed with foreclosure. In both cases, Walton filed motions saying that the bank had “failed to allege sufficient facts from which the Court can conclude that it is in fact the authorized agent” of the note holder.Issues of a note’s proper transfer and the bank’s right to enforce a foreclosure were also raised when a U.S. bankruptcy judge earlier this month rejected an attempt by Bank of America to foreclose on a New Jersey homeowner. According to a piece in Bloomberg today, the judge ruled that the bank had failed to properly transfer the note to its true owner [3] and therefore did not have legal standing to enforce the foreclosure.

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