U.S. Bank National Association v. Bolling

At issue is whether the defendant, Wendy Bolling, has standing to challenge the assignment of a mortgage that was not made in accordance with the terms of a pooling and servicing agreement (PSA) to which she was not a party. Because the defect rendered the assignment merely voidable rather than void, we conclude that she does not.

Bolling moved for summary judgment in the summary process eviction action below, arguing (among other things) 2 that the foreclosure sale through which the plaintiff, U.S. Bank National Association, trustee for RASC 2006KS9 c/o GMAC Mortgage, LLC (trust), took title…