Real Estate & Property Law
Practice Tip for Foreclosure Defendants: Make Sure Lender Owns Mortgage
Posted Nov 14, 2008, 04:23 pm CST
By Martha Neil
In the midst of a national mortgage foreclosure crisis, those handling the litigation aren't always as careful as they should be.
That, presumably, is how a widow in Lehigh Acres, Fla., came to be served with two entirely different foreclosure suits, each claiming that a different lender owned her mortgage and had not been paid, reports the Wall Street Journal Law Blog.
An errant keystroke can lead to a problem like this, says a lawyer for one of the lenders, noting that it apparently was quickly corrected in this case. But an attorney for the homeowner points out that most foreclosures aren't defended, and wonders how many such errors are made. Attorney J. Rex Powell of Cape Coral is also wondering whether his client's mortgage payments were properly credited, Law Blog recounts, and plans to seek discovery to make sure they were.
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