WITT V. CIT GROUP/CONSUMER FINANCE INC.
2010 U.S. Dist. LEXIS 117915 (2010)
NATURE OF THE CASE: CIT (Ds) moved to dismiss Witt's (Ps) action seeking relief from
foreclosure under a number of different causes.
FACTS: Ps borrowed $173,250.22 from D secured by property. When the note and deed of
trust were recorded on October 4, 2002, an Assignment of Mortgage or Deed of Trust was also
recorded on the Property, which assigned all of D's beneficial rights, title, and interest
under the Note and Deed of Trust to MERS. On October 16, 2007, D entered into a Mortgage
Loan Sale Agreement with Lehman Capital which included Ps' Note and Deed of Trust. Ps
defaulted under the terms of the Note and Deed of Trust. On April 7, 2008, a Substitution of
Trustee executed by MERS on April 4, 2008, was recorded against the property appointing
James H. Woodall as successor trustee of the Trust Deed. The trustee initiated foreclosure
proceedings on the property. Ps filed this Complaint and DS moved to dismiss.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
Get
free access to the entire content for Mac, PC or Online
for 2-3 days and free samples
of all kinds of products.
for 2-3 days and free samples of all kinds of products.
https://bsmsphd.com
© 2007-2016 Abn Study Partner
No comments:
Post a Comment