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MAI LOAN PHAM v. JAMES E. CLARKE, et al. SUBSTITUTE TRUSTEES

Real property — Motion to prevent foreclosure — Lack of authority to collect on mortgage debt

Admitting her failure to make mortgage payments, Mai Loan Pham now attempts to prevent foreclosure by alleging that the Substitute Trustees, James E. Clarke, Renee Dyson, and Brian Thomas (collectively “Substitute Trustees”) lack the authority to collect on her debt.

Specifically, Pham argues that their attempt to collect fails because forged signatures on the original mortgage Note rendered the Note void from the start.

Read the opinion here: