King, Nieves & Zacks is proud to announce that Dustin Zacks will be a speaker at the Ninth Annual International Conference on Contracts in Miami on February 21, 2014. He will speak before law professors drawn from around the world on his forthcoming scholarly article researching the intersection of contract and real property law in mortgage and note transfers. This research can be used by homeowners and their advocates to make well-founded arguments in favor of allowing challenges to assignments of mortgages in foreclosure cases.
Far too often, courts are apt to disallow discovery into the circumstances surrounding assignments of mortgages that are used as evidence at foreclosure trials. Zacks’ research argues that due to the pervasive misconduct of many foreclosure law firms, assignments should be freely challengeable by homeowners, even if those homeowners are not parties to the assignments and are not intended beneficiaries.