In a Mortgage Foreclosure, Having Possession of the Mortgage Is Not Enough

By Jeffrey R. Metz However intuitive it may seem that the party who controls a mortgage should have the right to foreclose, the courts are casting doubt on that assumption. The issue has come to light in connection with mortgages in the Mortgage Electronic Registration System (MERS), which has commonly served as a mortgagee for … Continue reading In a Mortgage Foreclosure, Having Possession of the Mortgage Is Not Enough