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Culhane Decision provides Homeowners the ability to Challenge the Invalid Assignment and Wrongful Foreclosure of their homes

Culhane Decision provides Homeowners the ability to Challenge the Invalid Assignment and Wrongful Foreclosure of their homes

On February 15th, the United States Court of Appeals for the First Circuit held that a borrower has standing to challenge an assignment of their mortgage to a foreclosing bank.  Culhane vs. Aurora Loan Services of Nebraska, C.A.No. 11-11098-WGY

In early January Attorney Babcock argued the Culhane appeal in front of the United States Court of Appeals for the First Circuit in front of a panel of three judges that included; Chief Judge, the Hon. Sandra L. Lynch, retired Supreme Court Justice, the Hon. David Souter, and Rhode Island Senior Circuit Judge, the Hon. Bruce M. Selya.

One argument Babcock made centered on the contention that, “The Massachusetts Declaration of Rights, and our nation’s Bill of Rights, provide protection for citizens against the removal of their property without notice or an opportunity to be heard. Thus both the Massachusetts and Federal Constitutions provide citizens the ability and the right to challenge the removal of their property and protect their right of redemption.”

“The Culhane holding has sent MERS a massive blow” said Attorney Babcock.  “MERS put its own spin on the decision but that was all the statement was, spin and nothing more.”

Attorney Babcock was contacted and interviewed by the National Law Journal and appeared WPRO with Buddy Cianci citing the holding as “a gigantic step that gives plaintiffs’ attorneys something to sink their teeth into.”

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