United States First Circuit

In a case presenting a question of first impression under Rhode Island law, in which plaintiffs inherited their mother's house that was subject to a reverse mortgage, which contained an acceleration clause and power of sale, and became due and payable upon the mother's death, the district court's judgment for the lender-defendant is affirmed over plaintiff's argument that the mortgage was unenforceable because the mortgagee had failed to file a claim in the decedent's estate, where: 1) plaintiff lacks standing to challenge the interstitial mortgage assignments; and 2) though he does have standing to challenge the effectiveness of the mortgage itself on a different ground, that challenge is fruitless because despite its eschewal of the probate claim-filing process, defendant retained the right to enforce its reverse mortgage through foreclosure.

Appellate Information

• Decided 10/23/2015
• Published 10/23/2015

Judges

• SELYA

Court

• United States First Circuit

Counsel