Chain of title is important. If you allege, and the mortgagee fails to show that they have standing, the bank would not be an interested party and that could effect a lot of things, including dismissal of the action.
Advice on this forum is for informational purposes only and should never be mistaken as a substitute for legal advice. If you are in need of legal advice, you should consult local legal counsel.
Generally, all Judges take these matters seriously. If you object to this mortgage company's claim, the burden would pass to the mortgage company to prove their claim is valid. I don't think you need an Adversary to get that done.
This matters are complicated and generally require an experienced attorney. Are you attempting this by yourself? If you are, don't.
I hope this helps
Steven A. Leahy
Please note that the above is not intended as legal advice, it is for educational purposes only. No attorney-client relationship is created or is intended to be created hereby. You should contact a local attorney to discuss and to obtain legal advice.
I agree with my colleagues that judges do take this seriously. While I encourage you to pursue this action, beware that if your mortgage is invalidated and the court determines that you won your home free and clear, that the Ch13 trustee assigned to your case may then seek to have you pay the full value of your home, less whatever you can claim as exempt, to your creditors. You should seek the advice of competent counsel to assist you with this matter as while there would likely be great benefits to you if you prevail, there may be significant risk as well.
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