Mortgages and Merger

Volume 26 No 6

By

Roger Bernhardt is a professor of law at Golden Gate University in San Francisco, California, and former chair of RPTE’s Legal Education Committee.

In Citizens State Bank of New Castle v. Countrywide Home Loans, Inc., the senior mortgagee failed to include as a defendant in its foreclosure action a junior judgment creditor that had recorded its judgment some two months earlier against the mortgagors, but the court’s unusual response to this blunder raises an issue for drafters.

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