The Shock Of Due Process
The Massachusetts Supreme Judicial Court issued an opinion in a much followed foreclosure case. The opinion is fairly straight forward and, frankly, if there is rule of law in this country, should have been completely predictable. But apparently it has sent shock waves. Consider the simplicity and fairness of the result, as described by Felix Salmon:
[H]omeowner[s] being foreclosed upon will as a matter of course challenge the banks to prove that they own the mortgage in question. If the bank can’t do that, then the foreclosure proceeding will be tossed out of court. This is likely to slow down foreclosures enormously, as banks ensure that all their legal ducks are in a row before they try to foreclose.
(Emphasis supplied.) Salmon muses about the SCOTUS maybe getting involved, which would be ironic, in light of the Twombly and Iqbal decisions, which make it very difficult to even get in the courthouse at all. More . . .
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