Does a defect in a foreclosure lawsuit render it null and void?

It all depends on which state you live in, as different states look at the same situation differently. In the state which I reside Massachusetts, we have laws to address this exact issue. In Massachusetts a lender cannot foreclose on a property unless they are the holder of both the mortgage and the note. Small lenders and credit unions usually never sell their mortgages, so this really is an issue with them. The larger bank such as your Bank of America, Chase, Wells Fargo, etc., usually take large numbers of loans between 1 to 10,000 loans and package them up into what is called a pooling trust. The vast majorities of these pooling trust, which are used by the banks to be able to trade their mortgages on the New England stock exchange, separate the note and mortgage. In Massachusetts we attack this in Superior Court in the county that the home is located in. If you would like more information all you need to do is Google "Ibanez foreclosure case", this will give you plenty of reading on the exact subject matter you're asking about. This is the main case that we use in Massachusetts to not only stop a foreclosure, but also prove the bank doesn't own the home, thus they can't even legally take your mortgage payments. If we take these cases all the way to trial and when then the home owner owns their home free and clear and will never have to pay the mortgage company ever again. I have responded to your inquiry according to the laws of Massachusetts, where my firm is located. Laws can vary significantly from state to state and cases tend to be rather fact-specific, so you are best served by consulting with a knowledgeable attorney in weighing your options. Email messages/Online Correspondence are akin to conversations and do not reflect the level of analysis applied to formal legal opinions. Email/Online responses do not form an attorney-client relationship.    Joseph F. Botelho, Esq. BOTELHO LAW GROUP Attorneys At Law http://fallriverbankruptcyattorney.com/ 901 Eastern Ave.  Unit 2 Fall River, MA 02723  Office:  888-269-0688 FAX:    877-475-8147