The first district also found in Ocean Bank that the claim to void a mortgage was a compulsory counterclaim in the pending mortgage foreclosure action. Id. Similarly, in the present case, the respondents’ claims for breach of loan extension agreement, breach of covenant of good faith and fair dealing, novation and rescission of the loan.
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The only way these cases can be won is by showing the money trail first. That is what reveals the actual parties to the transaction. Then by showing that the money trail does not track or follow the paper trail you can argue standing, and the fact that the mortgage lien was never perfected. That is the only thing that can stop a foreclosure.
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