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

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/.)

III. The Limitations on the Mortgage-Follows-the-Note Rule from State Real Property Law

Another qualification to the mortgage-follows-the-note rule is that a party’s ability to foreclose may depend on other law affecting real property, even when the . . .

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