Adkins v. Correctional Officer McDonald

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• stating that a mortgage can only be assigned at the direction of the note holder
• observing that under Massachusetts law it is longstanding view that a transfer of the note secured by a mortgage results in the holder of the mortgage retaining legal title to the mortgage and holding the same in trust for the holder of the note
• “MERS’s position that it can be, both the mortgagee and an agent of the mortgagee is absurd, at best.”
• possible cloud on title that may reduce value of property at foreclosure and thus increase deficiency claim was sufficient to give borrower standing to challenge authority of assignor to assign mortgage
• possible cloud on title that may reduce value of property at foreclosure and thus increase deficiency claim was sufficient to give borrower standing to challenge authority of assignor to assign mortgage
• in order to foreclose under Massachusetts law, mortgagee must “possess the legal title to the mortgage and either hold the note or establish that it is servicing the loan on behalf of the note holder” [emphasis in original]

Source: CourtListener parenthetical corpus (CC0).