Mortgage Acknowledgements: Can A Boo-Boo Be Fixed?

Unfortunately, in today’s world we are not dealing with “traditional” mortgages where a judge can reach into the archives of justice and apply common law. It appears NTMs are securities – even before signatures, witnessed or not.

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Bank of America, N.A. v. Casey, 517 B.R. 1 (D. Mass. 2015) –

A Chapter 7 trustee sought to avoid a mortgage using “strong-arm” powers based on a defect in the acknowledgement. The mortgagee contended that the defect was cured by a subsequently recorded affidavit. The bankruptcy court found in favor of the trustee, and the mortgagee appealed.

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Hillary Clinton to Colbert, Says She’d Let The Banks Fail

At least she acknowledged their shareholders “know” …

justiceleague00's avatarJustice League

“Yes. Yes, yes, yes, yes, yes.”

In her first appearance on Stephen Colbert’s “Late Show,” Democratic presidential hopeful Hillary Clinton took a firm stance against America’s big banks.

Clinton stopped by to chat about various aspects of her campaign, including her staunch support for a stable middle class and an increase to the minimum wage. She even let it be known what she and Bill like to binge-watch after 11-hour-long congressional hearings. (“The Good Wife,” “House of Cards” and “Madam Secretary.” Duh.)

When Colbert turned his questioning to Wall Street reform, he asked directly if Clinton were president, “and the banks are failing, do we let them fail?”

“Yes. Yes, yes, yes, yes, yes,” the former secretary of state responded. “Their shareholders have to know that yes, they will fail. And if they’re too big to fail, then under my plan and others that have been proposed they may have…

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