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Property Law Keyed to Singer
U.S. Bank National Association v. Ibanez
Citation:941 N.E.2d 40 (Mass. 2011)
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- The Brief Prologue provides necessary case brief introductory information and includes:
- Topic: Identifies the topic of law and where this case fits within your course outline.
- Parties: Identifies the cast of characters involved in the case.
- Procedural Posture & History: Shares the case history with how lower courts have ruled on the matter.
- Case Key Terms, Acts, Doctrines, etc.: A case specific Legal Term Dictionary.
- Case Doctrines, Acts, Statutes, Amendments and Treatises: Identifies and Defines Legal Authority used in this case.
- The Case Brief is the complete case summarized and authored in the traditional Law School I.R.A.C. format. The Pro case brief includes:
- Brief Facts: A Synopsis of the Facts of the case.
- Rule of Law: Identifies the Legal Principle the Court used in deciding the case.
- Facts: What are the factual circumstances that gave rise to the civil or criminal case? What is the relationship of the Parties that are involved in the case. Review the Facts of this case here:
On December 1, 2005, Ibanez took out a loan to purchase a property. The loan was secured by a mortgage to Rose Mortgage, Inc. Rose Mortgage later assigned the mortgage to Option One Mortgage Corporation on June 7, 2006. Prior to the recording, on January 23, 2006, Option one executed an assignment of the mortgage in blank (not specifying an assignee name). Option One then, allegedly, assigned the mortgage to Lehman Brothers Bank, which assigned it to Lehman Brothers Holding, which then assigned it Structured Assent Securities Corporation, which then pooled the mortgage with 1,220 other mortgages and assigned it to U.S. Bank. U.S. Bank claimed the final assignment occurred pursuant to a December 1, 2006 trust agreement. (During trial U.S. Bank did not provide the trust agreement or a mortgage schedule.) In June 2007, U.S. Bank published a notice of foreclosure on Ibanez’ property and, on July 5, 2007, U.S. Bank purchased the property for significantly less than the outstanding debt. Finally, in September 2008, an assignment of the Ibanez mortgage was executed to and recorded by U.S. Bank.
Similarly, on May 19, 2005, the LaRaces took out a loan with Option One. Option One assigned the mortgage to Bank of America, which then assigned it to Asset Backed Funding Corporation (ABFC). ABFC then pooled the mortgage with several others and assigned it to Wells Fargo. In June 2007, Wells Fargo published a notice of foreclosure on the LaRace property and subsequently purchased the property for significantly below market value.
- Issue(s): Lists the Questions of Law that are raised by the Facts of the case.
- Holding: Shares the Court's answer to the legal questions raised in the issue.
- Concurring / Dissenting Opinions: Includes valuable concurring or dissenting opinions and their key points.
- Reasoning and Analysis: Identifies the chain of argument(s) which led the judges to rule as they did.
- The Brief Prologue closes the case brief with important forward-looking discussion and includes:
- Policy: Identifies the Policy if any that has been established by the case.
- Court Direction: Shares where the Court went from here for this case.