Photo of Laura C. Baucus

Laura C. Baucus, leader of Dykema’s Financial Services Litigation Practice Group, has extensive experience representing banks and servicers in nationwide litigation involving mortgage products, mortgage loan servicing, escrow and insurance proceeds, and note and collateral enforcement. Her significant legal project management expertise includes leading a team on a multi-million dollar consumer financial services litigation portfolio as well as managing hundreds of multi-state financial lawsuits for national banks and servicers.

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. 
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