1. It isn’t illegal or prejudicial to a plaintiff trustee’s case for it to have acquired rights or be assigned a mortgage AFTER a borrower is in default — but it DOES raise issues of fact that must be heard by the Court. Since the Mortgage went into default there are several possibilities:
(a) under the pooling and service agreement the original lender might be the responsible party and unless that original lender is STILL in privity with the CURRENT (was there a substitution?) trustee, the trustee might not be getting instructions from the real beneficiary.
(b) under the assignment(s) the real beneficiary might have changed as well.
(c) Remember that there are at least three Trustees in securitization — the Trustee on the Deed of Trust, the Trustee of the Pooled Assets, and the Trustee for the owners of certificates of mortgage backed securities. There are also substitutions of…
View original post 423 more words
All judges are appointed by Royal Warrant upon recommendation by the Lord Chancellor.
The Bench covers seven regions: London, Midlands, North Eastern, Northern, South Eastern, Western and Wales. The region in which the judge sits is given below, along with their date of appointment.