Critical Case Comment – US Bank National Association v. Ibanez, 2009 WL 3297551 (Mass. Land Ct. October 14, 2009) (Long)

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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