Thursday, May 21, 2009

Can a Servicer of a note enforce a note without proving who owns the Note?

Can a Servicer of a note enforce a note without proving who owns the Note?
The Court’s amended General Order No. 2006-16 requires the plaintiff (Deutsche Bank) to submit an affidavit along with the complaint, which identifies them as the original mortgage holder, or as an assignee, trustee or successor-interest.
Apparently Deutsche Bank submitted several affidavits that claim that they were in fact the owner of these mortgage notes, but none of these affidavits mention assignment or trust or successor interest.

No comments: