The Delaware Supreme Court has ruled you must own note and mortgage in order to foreclose — which is what I have been saying for 12 years. A lot of good that will do the millions of people who lost their homes to parties that did not have ownership of the note and mortgage. The days of creating the illusion of standing are approaching their end- but how about the families who were illegally foreclosed by parties who had no standing to do so?
In Shrewsbury v. The Bank of New York Mellon, No. 306, 2016 (Del. Apr. 17, 2017), the Delaware Supreme Court ruled that a mortgage assignee must be entitled to enforce the underlying obligation that the mortgage secures in order to foreclose on the mortgage.
The decision enforces that the mortgage holder in a foreclosure action must also prove that it owns the underlying note…
View original post 621 more words