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Home » Store » Inside the CFPB » Court Rules Trustee’s Foreclosure on Collateral Properties Wiped Out Loans, Made Them Unavailable for Repurchase

Court Rules Trustee’s Foreclosure on Collateral Properties Wiped Out Loans, Made Them Unavailable for Repurchase

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A federal district court in Minnesota rejected a mortgage securitization trustee’s plea to compel a lender to repurchase defective home loans after finding that the loans no longer existed following the foreclosure and sale of the mortgaged properties. Ruling in MASTR Asset-Backed Securities Trust 2006-HE3 v. WMC Mortgage Corp., U.S. District Court Judge John Tunheim granted the lender’s motion for partial summary judgment after determining that the loans had been extinguished when the trustee foreclosed on the properties and charged off the remaining principal balances. The dispute boiled down...
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