Bank sues itself

[Darth Wagtaros]

This is a Wag hit and run post. 

FIGHT THE POWER! NATIONALIZE THE BANKS!

This has been a Wag hit and run post.

[Baron von Schtinkenbutt]

No, I'm sorry.  I was going to let this pass, but it's simply impossible.

A mortgage is not a real party in interest.  Period.  A bank account cannot file a suit.  The account is an asset of the bank; the bank has to file the suit.

In that case, aren't the plaintiff and defendant the same party?

[DontSayBanana]

No, I'm sorry.  I was going to let this pass, but it's simply impossible.

A mortgage is not a real party in interest.  Period.  A bank account cannot file a suit.  The account is an asset of the bank; the bank has to file the suit.

The account cannot file a suit, but an account manager of said mortgage can. The point is that this is contract law, and each account is a separate contract. If you're going to argue about conflicts of interests, then keep it to the question of how the second contract could be generated with the same party without annulling the first.

[Scipio]

A bank account cannot file a suit.

A bank account (or the contents thereof) can be a defendant, though...as can "Forty Barrels and Twenty Kegs of Coca-Cola."

Civil forfeiture is not a foreclosure.  Your statement is like equating cancer to the common cold, inasmuch as some cancers can be caused by viruses.