US Bank National Association v. Ibanez, 2009 WL 3297551 (Mass. Land Ct. October 14, 2009) (Long)
A foreclosure action must be brought in the name of the actual owner of the mortgage, the notice must identify the actual owner of the mortgage, and a defect cannot be cured by a subsequent transfer of the mortgage to the foreclosing entity.
Summary of the Case
Mr. Ibanez signed a promissory note and gave a mortgage to Rose Mortgage Company . . .
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