If a lender holds more than one mortgage with the same borrower secured by the same parcel(s), and if there are no intervening liens, can those mortgages conveniently be pursued in one action? A recent case clearly says “yes”1 and it is noteworthy because this appears to be the first time what had previously been a matter of practice (but without specific authority) has been adjudicated.
This is presented as meaningful not only because lenders can commonly hold two (or more) mortgages on the same property, but also because wily borrowers may attack the procedure and some courts may not be so sure about the efficacy of the approach. The fact is that it is correctly done with regularity but the issue had not litigated in reported cases, thereby perhaps making the methodology informally hazy.
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