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Foreclosure Standing and the Pooling and Servicing Agreement

In light of the wealth of current case law on this issue, it should no longer be a surprise to a foreclosure plaintiff that it must prove that it had standing to foreclose on the date the original complaint was filed. However, foreclosure Plaintiffs have recently begun to rely more heavily upon the Pooling and Servicing Agreement (PSA) to satisfy the standing requirement when it comes to securitized loans. While standing can be demonstrated through a Pooling and Servicing Agreement, it does not due so automatically without further additional corroborating evidence to demonstrate that the note was part of the...

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