Alexandria, VA – December 5, 2011 – (RealEstateRama) — A majority of respondents (63 percent) in ABI’s latest Quick Poll think that a debtor should be allowed to claim technical defenses based on the fact that the creditor asserting the claim (e.g., MERS) is not in possession of the note or lacks standing, even if the debtor ahs no substantive defense to liability on a mortgage note. Fifty percent of respondents “strongly disagreed” and 13 percent “somewhat disagreed” with the Poll’s statement that “it should not matter” that the current assignee of the note and mortgage has technical problems with the chain of negotiation and assignment of the note, even though the debtor has no substantive defense to liability on the mortgage note.
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