Brenda C. asked
If a mortgage foreclosure action is initiated by WELLS FARGO BANK, NATIONAL ASSOCIATION AS TRUSTEE FOR STRUCTURED ASSET MORTGAGE INVESTMENTS II INC., GREENPOINT MORTGAGE FUNDING TRUST 2005-AR5, MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2005-AR5, can the defendant file a motion to dismiss because the entities identifying themselves as plaintiff in the action have never identified themselves to the property owner as interest holders in the property/mortgage/note? Would that pleading be part of the motion to dismiss or would that be part of affirmative defense?
May 27th, 2023
Daniel C. answered
The issue of whether the plaintiff has the legal standing to foreclose can be raised as part of an a...
May 27th, 2023
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