Posted on November 22, 2013 by lucas2012infos | Leave a comment
A Watershed Moment in Foreclosure Battle: Judge McConnell Hailed as Savior to Thousands of Downtrodden Homeowners
Written by Babcock News.
Federal Court Judge John J. McConnell issued a decision in the Cosajay v. MERS case this week. This case provides the plaintiffs with an opportunity to over-turn thousands of home foreclosure cases and will be viewed as a watershed moment in foreclosure law. Judge McConnell’s decision in the case puts to bed once and for all the contention that homeowners have no right to challenge fraudulent assignments appearing in their chain of title.
In the 11 page decision, he wrote, in part:
“The Court DENIES Defendants’ Motion to Dismiss (ECF No. 5) and finds that Ms. Cosajay has standing to bring this lawsuit against Defendants … the Court finds that Rhode Island law provides that same dual ideas basis for deviating from the general contract rule … Therefore, the Court finds that Rhode Island law provides that same protection to mortgagors in the same situations in which the first circuit found the Culhane and Woods plaintiffs under Massachusetts law.”
Read the whole story at: www.americankabuki.blogspot.com / link to original article
Thanks to: http://lucas2012infos.wordpress.com