[Fraxinus]

Now, I can only speak to the 100 or so foreclosure cases I have personally read the complaints on in Florida and a few in Ohio. In 100% of these foreclosure cases, the suit is being brought NOT by the Trust but by the servicer or the trustee. Both of these entities are agents for the Trust but they are NOT the owners of these Notes

I would have though that bringing the foreclosure suit as the agent for the Note Owner would be straight forward, with the only problem being showing that the servicing agreement included the ability to act for the owner in this fashion.

[dennisw]

I would have though that bringing the foreclosure suit as the agent for the Note Owner would be straight forward, with the only problem being showing that the servicing agreement included the ability to act for the owner in this fashion.

The author also says the original note must be presented in foreclosure court proceedings. Not a copy of it. His experience is that the go go years of mortgage securitization were so sloppy that the original note usually cannot be produced in court