"What's Past is Prologue: Applying lessons from the financial crisis to the future of eMortgage and eNote litigation"

Laura Baucus, the Leader of Dykema’s Financial Services Litigation Practice Group, and Bob Ellis, a Member of Dykema’s Financial Services Litigation Practice Group, have co-authored the article “What’s Past Is Prologue – Applying Lessons from the Financial Crisis to the future of eMortgage and eNote Litigation,” for National Mortgage Professional magazine.

The article addresses applying lessons learned from the 2008 financial crisis to the future of eMortgage and eNote litigation. Baucus and Ellis emphasize that as eMortgages and eNotes continue to gain traction across the nation,  the question of how these instruments might be treated by the courts if a borrower eventually attempts to challenge them lingers in the background. They proceed to encourage financial institutions to focus now on making certain they have processes in place to generate and retain records they may need if and when the next wave of litigation begins.

The full article may be found here.