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Friday, February 21, 2014

William Chhun et al. : v. : Mortgage Electronic Registration Systems - A Victory

On February 4, 2014, the Rhode Island Supreme Court issued a decision that gave homeowners hope that the Court is sympathetic to their fight against the banks and servicers. In William Chhun et al. : v. : Mortgage Electronic Registration Systems, : Inc., et al. , the suit survived a motion to dismiss and the court found that the homeowners’ allegations were probable.  Specifically, Justice Golberg wrote:  “homeowners in Rhode Island have standing to challenge the assignment of mortgages on their homes to the extent necessary to contest the foreclosing entity’s authority to foreclose.” The homeowners are left to prove their allegations in discovery and at trial.

 This can be seen as a major victory in the State of Rhode Island that will allow the majority of homeowners to hold the banks and servicers accountable for practicing illegal foreclosure activities. This ruling provides hope and demonstrates that the Rhode Island Supreme Court is on the side of the homeowners when combatting illegal home foreclosure.  The public should be reminded that each ruling issued changes the landscape of foreclosure law and should be looked to nationally as an example. In each decision, the Rhode Island Supreme Court is redefining Rhode Island mortgage and foreclosure law.  All of the professionals who have tackled this issue should be seen as crusaders for the homeowner’s rights.

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