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Does a Trust have Standing in a Foreclosure Action
Last modified: 2014-12-10
Abstract
Foreclosure in today’s economic environment is a common occurrence. The plaintiff in a foreclosure action must be the beneficial owner of the note and mortgage. In many cases the plaintiff is a Trust because the loan has been securitized. Securitization is a process where a Trust Fund is created and filled with loans which provide a steady stream of income to Wall Street investors. The Trust sells to investors’ certificates of the Trust that represent the income stream of those loans. This paper will explore these and related issues.
Keywords
Foreclosure; Trust; FASB 140; Standing