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Category: Publications & Law Review Articles

Amicus Curiae Brief – Glass v Nationstar Mortgage

The Oppenheim Law team recently had the honor of filing a friend-of-the-court brief (otherwise known as an amicus curiae brief) in the case of Glass v. Nationstar, which is pending before the Florida Supreme Court. The issue is whether a borrower in a foreclosure action is entitled to attorneys’ fees when the borrower has successfully disputed the bank’s standing to […]

Deconstructing The Black Magic of Securitized Trusts

How The Mortgage-Backed Securitization Process is Hurting the Banking Industry’s Ability to Foreclose and Proving the Best Offense for a Foreclosure Defense Published in Spring 2012 by the Stetson Law Review. An abbreviated version was also published by Thomson Reuters in December 2012. The Stetson Law Review is published three times a year at Stetson University’s College of Law, St. […]

The Emperor’s New Clothes: How the Judicial System and the Housing-Mortgage Market Have Turned a Blind Eye to the Destruction of the Negotiability of Mortgage Promissory Notes

Abstract This Article examines the common notions of negotiable instruments as they relate to the modern day promissory note in the context of residential mortgage lending. The Article further addresses the destruction of the negotiability of such promissory notes through various undertakings added for the benefit of the banking industry, often to the detriment of a borrower. The use of […]

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