BRYLLAW LITIGATION: AURORA WITHDRAWS FORECLOSURE-RELATED LAWSUIT AFTER HOMEOWNER COUNTERCLAIMS BASED ON MERS AND DEFECTIVE SECURITIZATION
Aurora has non-suited (withdrawn) its suit against a Virginia homeowner after the homeowner counterclaimed against Aurora based on Aurora’s position as a Servicer, the MERS nature of the loan, and the defective securitization of the loan. We argued, on behalf of the homeowner, that, as a mere servicer of the loan and not a party to the loan contract, Aurora had no interest in the underlying property. When it came time for Aurora to answer the homeowner’s position, Aurora simply withdrew the lawsuit.
On a related note, homeowners really have a way of stopping improper foreclosures in Virginia. The key is to be proactive and to sue your nominal “lender” before the foreclosure process is even started. (In most cases, the foreclosure process is started by a foreclosure mill recording a document appointing a substitute trustee with respect to your property in the county land records.)
If the substitution of trustee has already been recorded, then you actually may have further, additional claims based on that document. If your loan was securitized, you are really in a no-weaker position than before the substitution of trustee was recorded.
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