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5th Circuit Court of Appeal rules that only the Veterans Administration can Foreclose

Livinglies's Weblog

For more information please call 954-495-9867 or 520-405-1688

This is for general information only. It is not a legal opinion.



see Equity Trust Company v. McDonald Secretary of Veteran Affairs

Interesting case that opens up a series of questions to which I don’t have the answers. In this case the circuit court of appeals decided and affirmed a lower court ruling that only the VA can foreclose on a VA guaranteed loan. But the wording of the opinion seems to say that if you want to take title to property owned by the Federal government, then you must file an action to quiet title under the Quiet Title Act which frankly I never knew existed.

The main question is whether this applies to loans guaranteed by other quasi governmental and now nationalized agencies like Fannie and Freddie — especially after bailouts. If it…

View original post 68 more words


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