Contributor Highlights

Camisha Simmons

Bank Loses Mortgage in Bankruptcy Due to Mere "Technicality"

In a recent decision in the case Mbazira v. Ocwen Loan Servicing, LLC (In re Mbazira), the United States Bankruptcy Court for the District of Massachusetts determined that a bank, which was an assignee of a mortgage, lost its mortgage in bankruptcy due to a faulty acknowledgment appended to the mortgage document. The decision sends the message to borrowers that they can use bankruptcy as a device to wipe out otherwise valid mortgages encumbering property by pointing to purported flaws in a lender’s recording of the mortgage document in real property records.

Kimberly Taylor

Mediation: Confidentiality and Enforceability

An essential element of a successful mediation is confidentiality. Participants to a mediation must be able to rely on the confidentiality of the process if they are going to be candid with the mediator about their settlement positions, pressure points, litigation strategy and other sensitive issues.