Camisha Simmons’ latest article titled “Bank Loses Mortgage in Bankruptcy Due to Mere ‘Technicality’" was published on Law.com

The article discusses a recent decision in the case Mbazira v. Ocwen Loan Servicing, LLC (In re Mbazira).  In that case, the United States Bankruptcy Court for the District of Massachusetts determined that a bank, which was an assignee of a mortgage, lost its mortgage in bankruptcy due to a faulty acknowledgment appended to the mortgage document.  The decision sends the message to borrowers that they can use bankruptcy as a device to wipe out otherwise valid mortgages encumbering property by pointing to purported flaws in a lender’s recording of the mortgage document in real property records.  Read more: http://www.law.com/sites/camishasimmons/2015/04/05/bank-loses-mortgage-in-bankruptcy-due-to-mere-technicality/#ixzz3Wpyuy5ZB