In more Seminole County foreclosure attorney news from your Seminole County short sale realtor, the highest court in the State of Massachussetts , in U.S. Bank v. Ibanez, has handed down a decision favorable to struggling homeowners in foreclosure. You can read the full text of the Court’s Foreclosure decision here. (Just click on “Supreme Judicial Court Opinions” then it’s case number 1 on the following page) The case involved two banks that foreclosed on hapless homeowners, even though the banks could not show that they actually owned the mortgage and note at issue. Even so, the banks sued for foreclosure and bought both homes at auction for a minimum amount. The court voided both foreclosures, as the banks could not show valid assignments that would show they actually owned the note and mortgage they used as a basis to foreclose on the homes!!
Hopefully courts in Florida will use the U.S. Bank case as persuasive precedent in deciding future decisions.
