Our Moreno Valley foreclosure defense lawyers write frequently in this space about the confusion caused by banks’ sloppy paperwork practices during the housing bubble. In many foreclosures and bankruptcies, this has caused lenders to be unable to prove their ownership, slowing down the court case and in a few cases even leading courts to cancel the debt entirely. That was the remedy the homeowners wanted in Guttman v. Wells Fargo Bank et al., a consolidated appeal to the Maryland Court of Appeals with four certified questions about how Maryland law applies to four bankruptcies. The court decided that the plain language of the law, Real Property Section 4-109(b), allows defects in the paperwork to be cured and the deeds to be enforceable in all four cases.
The Bankruptcy Court for the District of Maryland approached the appeals court after hearing many adversary proceedings involving deeds of trust with affidavits that were defective under Maryland law. The state requires each deed of trust to contain an affidavit of consideration, and numerous deeds before the court apparently had missing or defective affidavits.