• Renee Ramos Yamagishi

Whoever owns a debt and proves they do gets to be paid on that debt. If it's not yours you are



"In Shrewsbury v. The Bank of New York Mellon, No. 306, 2016 (Del. Apr. 17, 2017), the Delaware Supreme Court ruled that a mortgage assignee must be entitled to enforce the underlying obligation that the mortgage secures in order to foreclose on the mortgage. The court concluded that a mortgage does not create a debt or obligation, but merely secures one. An underlying debt or obligation is essential to a mortgage’s enforceability. ...

An assignment of the note carries the mortgage with it, while an assignment of the mortgage alone is a nullity."

"In this particular lawsuit, the homeowners didn’t need need to delve into issues of securitization, it was enough to challenge the assignment of the note (or lack of) and to attack the servicer’s affiant who lacks sophisticated knowledge of the business records."

Reposting: https://livinglies.wordpress.com/2017/07/07/delaware-supreme-court-rules-holder-must-prove-it-owns-note-shrewsbury-v-the-bank-of-ny-mellon/

Nice work Delaware Supreme Court justices! I know that both lobes of your brain are in greater cohesion and balance than many other in our judiciary who must be suffering from some kind of head trauma and insult to their logic-functioning processes when ruling in any manner less LOGICAL AND JUST than you have. Applause!!!


counter added 6/1/2018

All Rights Reserved,  Renee Shizue Ramos Yamagishi, 2016

Nothing on this site is to be taken as "legal advice," and content here is presented by a non-BAR non-lawyer and researcher / writer, who is self-represented Sui Juris when seeking remedy from the judiciary.