Who Can Enforce A Mortgage After A 'Landmark' Case?

Law360, New York (November 3, 2009, 12:38 PM EST) -- A recent Kansas Supreme Court decision, Landmark Nat’l Bank v. Kesler, 216 P.3d 158 (Kan. 2009), is the most recent decision casting doubt on the ability of nonlender parties to appear in foreclosure or bankruptcy proceedings as a proper party in interest.

These cases encourage debtors and other parties to defensively use the mortgage securitization servicing system to prohibit servicers and other nonlending parties from enforcing rights under a mortgage.

This trend, if it continues, may have significant impacts for consumer-debtor lawyers, as well as law...
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