Photo of Laura C. Baucus

Ms. Baucus is Dykema's Financial Services Litigation Practice Group Leader and the immediate past Office Managing Member of the Firm’s Bloomfield Hills’ office. She is a member of Dykema’s Automotive Industry Group and the Leader of a Firm Original Equipment Manufacturer (OEM) team. She represents automakers and major suppliers in high-stakes commercial litigation with an emphasis on supplier contract disputes, troubled supplier litigation and warranty and cost recovery litigation. She also advises and represents banks and servicers in nationwide litigation involving mortgage loan servicing, credit card and mortgage products, escrow and insurance proceeds and note and collateral enforcement. Her contract practice focuses on negotiating and drafting supply contracts, service provider agreements and other commercial contracts for automotive companies.

This article originally appeared in the November 2018 edition of National Mortgage Professional Magazine.

In the fallout from the 2008 financial crisis, courts across the United States were inundated with litigation challenging the legitimacy of mortgages, notes, and the records purporting the transfer or assign them. Such claims included asserting that endorsements of promissory notes were not enforceable, claiming assignments of mortgages were executed without authority, and allegations that the note, mortgage, or associated disclosure documents were neither presented to nor signed by the borrowers. In recent years, as the economy appears to have improved, much of this litigation has died down. However, it does not take much imagination to assume that if and when the next economic downturn hits, some borrowers may again find themselves in default on their mortgage obligations, and in turn may seek to challenge the enforceability of those agreements.  Continue Reading What’s Past is Prologue: Applying Lessons from the Financial Crisis to the Future of eMortgage and eNote Litigation