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Monday, August 6, 2012 - 7:58am

Court Ruling Could Tighten Foreclosure Rules

Updated: 2 years ago.
A court ruling in Georgia could force those foreclosing on homes to disclose who actually owns the loan. The ruling last month said that the name of the owner of a mortgage must appear in foreclosure filings and notices sent to delinquent borrowers. (Photo Courtesy of Sarah Gilbert via Flickr.)

A court ruling in Georgia could force those foreclosing on homes to disclose who actually owns the loan.

The Atlanta Journal-Constitution reported the July 12 ruling by the Georgia Court of Appeals applies mostly to foreclosures that happened from 2008 to 2011. It could leave banks vulnerable to lawsuits filed by those who lost their homes. It could also have consequences for ongoing foreclosures.

The ruling last month said that the name of the owner of a mortgage must appear in foreclosure filings and notices sent to delinquent borrowers. The notice must also reflect whether it was sent by the secured creditor or someone acting on the creditor's behalf.

Many lenders sell their loans to mortgage services that handle paperwork but don't own the loans.

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