The Mortgage-Follows-the-Note Rule – Part II of IV

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By James M. Davis, Staff Attorney Office of the Chapter 13 Bankruptcy Trustee, Nashville, TN
(Reprinted from Norton Bankruptcy Law Adviser, September 2013, with permission. Copyright © 2013 Thomson Reuters/West. For more information about this publication please visit http://legalsolutions.thomsonreuters.com/.)

II. Applying the Mortgage-Follows-the-Note Rule in Light of the Distinction between Ownership and Entitlement to Enforce Notes

Ownership of a note and entitlement to enforce the note are not necessarily identical. The possible separation of ownership and entitlement to enforce . . .

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