By Civil Justice Network on
5/9/2011 8:22 AM
Last month on behalf of a Maryland consumer facing foreclosure, Civil Justice filed an affirmative counterclaim concerning the modification and foreclosure practices of her servicer and purported owner of her loan. This case,
Bolling v. American Home Mortgage Servicing Inc., et al., presents an issue of first impression in Maryland (and maybe nationwide) that goes to the heart of the current housing crisis.
As many people now know, many of the loans subject to foreclosure for the last four years were pooled together into investment trusts by Wall Street professionals as another way to make profits with little or no risks. These pools of loans are sometimes referred to as mortgage-backed securities (MBS) which the SEC defines as “debt obligations that represent claims to the cash flows from pools of mortgage loans, most commonly on residential property. Mortgage loans are purchased from banks, mortgage companies, and other originators...