W.J. BARNES, P.A. RETAINED FOR APPEALS IN STATE AND FEDERAL COURTS IN TENNESSEE, COLORADO, NEW JERSEY, PENNSYLVANIA, AND FLORIDA

May 18, 2018

W.J. Barnes, P.A. has recently been retained to handle appeals in state and Federal courts in several states, including Tennessee (state and Federal), Colorado (Federal), New Jersey (state), Pennsylvania (state), and Florida (state). Mr. Barnes has been lead appellate counsel in numerous appeals throughout the United States on a regular basis throughout his 30-year career as a litigator, and he is a member of the United States Courts of Appeal for the Third, Sixth, Tenth, and Eleventh Circuits.

There are still many states which do not have appellate decisions on several significant issues in foreclosure law, and there are new theories of defense being developed as well. As there is no appellate law on these new theories, appeals will continued to be filed on these issues.

Off topic, we wish everyone a happy and safe Memorial Day weekend.

Jeff Barnes, Esq., www.ForeclosureDefenseNationwide.com

MR. BARNES RETAINED ON NEW WASHINGTON FORECLOSURE CASES; JUDGE ANNOUNCES THAT SECURITIZATION CASE “WILL NOT FALL ON SUMMARY JUDGMENT”

April 30, 2018

Mr. Barnes has been retained on several new foreclosure cases in Washington, where he currently works with local WA counsel Jill Smith, Esq. on other pending cases at both the trial and appellate levels. Mr Barnes had been working on the pending cases with his prior local counsel James A. Wexler, Esq., who passed away on December 27, 2017. Ms. Smith has substituted in for Mr. Wexler.

The cases involve several securitization entites, including Wilmington Trust Company and Bank of New York Mellon both acting in the capacity of “trustee” for a mortgage securitization trust. In each of the cases, Mr. Barnes has amended the pleadings to assert various issues related to standing and the foreclosing party’s alleged ability to enforce the Note and Deed of Trust and has propounded discovery as to these issues.

In one of the cases, the presiding Judge informed counsel for both parties, following filings by Mr. Barnes and his admission to the Court in that case, that the case is “extremely complicated” and thus “will not fall on summary judgment”.

In view of this increase in cases in WA, Mr. Barnes is contemplating opening a branch office in the Seattle area. We will keep our readers advised of developments.

Jeff Barnes, Esq., www.ForeclosureDefenseNationwide.com

KINGS COUNTY (BROOKLYN) NEW YORK HAS 8,000 ACTIVE FORECLOSURE CASES AND MORE ON THE WAY

April 11, 2018

This morning, Mr. Barnes appeared in court and was admitted pro hac vice in a foreclosure case in Kings County (Brooklyn), New York. The court’s clerk advised Mr. Barnes that the County has over 8,000 active foreclosure cases with just three (3) Judges, and with more cases on the way.

Another attorney advised Mr. Barnes that literally thousands of new foreclosure cases will be filed in the coming months in Kings County due to the resetting of interest rates on numerous loans previously modified, which the homeowners will not be able to afford as the reset interest rates will substantially increase their monthly payments.

Many New York homeowners do not understand the foreclosure process in New York including the “FRP” (Foreclosure Resolution Part) procedures for attempting to settle a foreclosure case. Per previous posts, Mr. Barnes and his local NY counsel have and continue to be involved in assisting homeowners through this process and to help them save their homes from foreclosure.

Jeff Barnes, Esq., www.ForeclosureDefenseNationwide.com

CALIFORNIA JUDGE HITS BANK OF AMERICA WITH $46M IN FINES FOR DISHONESTY AND HEARTLESS CONDUCT DURING WRONGFUL FORECLOSURE

April 10, 2018

Finally, some justice for homeowners. A California Judge has issued a 107-page opinion in which he slays Bank of America for “brazen and heartless conduct, institutional obstinance, and dishonesty” during a wrongful foreclosure which involved BOA inviting and entertaining 20 loan modification applications since 2009 which the Judge found that BOA had no intention of granting. All of the applications and supplements were deemed by BOA to be “lost”, “insufficient”, or “incomplete”.

The female homeowner suffered PTSD as a result of BOA’s incomprehensible conduct, and her husband attempted suicide as a result of the stress inflicted by BOA’s actions.

Judge Klein hit BOA with fines totaling $46M. The full text of the opinion can be found by googling “California Judge Bank of America $46M”.

We hope that this is a bellwether of things to come, and that more Judges will refuse to permit, and will severely punish, the banksters and their pawns (the servicers) which continue to frustrate homeowners by simultaneously interposing every obstacle to a homeowner obtaining relief while actively pursuing their real goal, which is to take someone’s home under the guise of “your loan modification request has been denied.”

Jeff Barnes, Esq., www.ForeclosureDefenseNationwide.com

NEVER TRUST A SERVICER, INCLUDING SLS AND OCWEN

April 4, 2018

Recent experiences with “servicers” have lead to this post, which is a cautionary warning for all homeowners dealing with “servicers” on any level.

As we all know, Ocwen Loan Servicing has been sued for fraud by the government (again). Despite this, Ocwen continues to lie and commit fraud upon homeowners by first agreeing to payment plans and loan resolutions only to then reneg on their prior position, and in more than one case, claiming that it did not receive modification payments and declaring the homeowner to be in “default” despite the fact that Ocwen signed for receipt of the payments.

In another case, SLS made a detailed settlement offer which the homeowner accepted. When the homeowner requested that the settlement be reduced to writing, SLS then attempted to impose several harsh additional conditions on the settlement which were not part of the offer made by SLS and were thus not accepted by the homeowner.

The lesson to be learned here, in the vernacular, is that one can never, ever, trust a servicer under any circumstances. They will lie, fabricate events, fail to disclose the truth, and engage in fraud for their own selfish ends.

Jeff Barnes, Esq., www.ForeclosureDefenseNationwide.com

 

COLORADO DISTRICT JUDGE ORDERS DEUTSCHE BANK TO PROVE UP OWNERSHIP OF NOTE IN CRCP 120 PROCEEDING

February 21, 2018

A Colorado District Judge has ordered Deutsche Bank to prove up a claimed “original” Note in a CRCP 120 proceeding. The attorney for Deutsche Bank requested the Judge to take “judicial notice” of a claimed “original” Note in an apparent effort to bypass the evidentiary proof requirements, and without any evidence being presented that the alleged Note is in fact an “original”. Section 202 of the The Colorado Evidence Code, which governs requests for judicial notice, does not provide for a court to take judicial notice of a disputed document.

The borrower disputes the claimed “original” nature of the Note given that (a) the original lender filed for bankruptcy in 2007, and (b) there was no evidence that the Note was either a retained asset of the bankrupt original lender or that it was sold before the bankruptcy was filed. There is thus no evidence as to how Deutsche Bank could be in possession of the alleged “original” Note.

Jeff Barnes, Esq. represents the borrower, who has also raised the defense that the Note is not enforceable as it is a prohibited “negative amortization” Note, as “neg am” loans were declared to be illegal by Colorado statute long before the origination of the loan. The Judge remarked that the case has significant legal issues as to real party in interest under CRCP 17 and the case law in Colorado.

The Judge thus declined to entertain Deutsche Bank’s CRCP 120 request for an Order Authorizing Sale, and has scheduled a full evidentiary hearing on all issues for March 9, 2018.

Jeff Barnes, Esq., www.ForeclosureDefenseNationwide.com

LITIGATION ACADEMY OF FLORIDA TO BEGIN SCHEDULING CLASSES IN JUNE, 2018

February 5, 2018

Over the years, a significant number of people, both clients and others, have requested if Mr. Barnes, who is a former teacher and professor, provides classes to students in college who are interested in becoming litigators. Many students who are “pre-law” express an interest in learning about the litigation process including drafting of lawsuits, motions, and discovery, and also arguing motions and trying a case, but do not have the opportunity to obtain this type of experience while in college.

Litigation Academy of Florida, Inc. was formed today in response to this request. Mr. Barnes, who will be conducting the course, has been a career litigator for almost thirty (30) years, and developed curricula while a teacher before becoming an attorney. He has also given numerous CLE seminars to attorneys which have been accredited by The Florida Bar and the Supreme Court of Ohio, and also recognized for CLE credit in Pennsylvania.

The one-week course is designed for college students who are interested in pursuing a career as litigators. The course will take the students through the various court systems, drafting of lawsuits and motions, serving discovery, and actual argument of a significant motion (such as a Motion to Dismiss or for Summary Judgment) or a simple trial. The students will be grouped into teams who will argue against each other, and so that all students will be able to observe the presentation and argument of a significant motion or a simple trial.

Classes are anticipated to be held in June and August, 2018, after the time when college students are finished attending their regular classes so as to not interfere with college studies and exams. The classes will begin at 8:30 a.m. on a Monday and run through 5 p.m. on the Friday of the scheduled week, with oral argument for motions and trial(s) being held on the Friday. Written materials will be provided, and participants who complete the course will be issued a Certificate as well.

In view of the intensive nature of the one-week course, class size is limited to twenty (20) students per session (either June or August). The course will be held in the Atrium Building at 1515 North Federal Highway, Boca Raton, Florida 33432.

Those who are interested in the course may inquire by going to the “Contact Us” link on this website, or e-mailing Mr. Barnes at jeff@wjbarneslaw.com. Classes are limited to college students who are “pre-law” or who are genuinely interested in pursuing a career in litigation.

Jeff Barnes, Esq.

APARTMENT HOUSE SAVED FROM FORECLOSURE IN NEW YORK

This Monday, January 22, 2018, Mr. Barnes was successful in saving an apartment house in New York from foreclosure and sale. The effort took many months and several motions prepared by Mr. Barnes to vacate the Final Judgment and bring the case back to a posture of defense on the merits.

The homeowner’s prior attorney withdrew the client’s affirmative defenses and a previously filed opposition to U.S. Bank’s Motion for Summary Judgment at the summary judgment hearing without any notice to or consent of the homeowner client. The Court noted this withdrawal in its prior Order granting the MSJ, which was followed by the entry of a Final Judgment.

Mr. Barnes and local NY counsel Oliver Budde, Esq. successfully had the Final Judgment vacated after two separate hearings, as NY law provides that defenses cannot be withdrawn by an attorney without consent of the client, and that the actions of the prior attorney constituted those which amounted to ineffective assistance of counsel. US Bank vigorously opposed the Motions prepared by Mr. Barnes, who has been admitted pro hac vice into the case.

Mr. Barnes has prepared an Amended Answer which will now be filed and extensive discovery which will to be served upon US Bank, as the case has been restored to active litigation status.

Jeff Barnes, Esq., www.ForeclosureDefenseNationwide.com

FORECLOSURES ON THE RISE IN ARIZONA; LEE COUNTY, FLORIDA; AND NEW YORK

January 19, 2018

There appears to be no slowdown of foreclosures despite the recent rumors of the economy “recovering”. Foreclosure filings in Maricopa County, Arizona (Phoenix) have risen 1000% over last year; more than 600 new foreclosure cases have been filed in Lee County, Florida; and foreclosures in New York (with over 11,000 pending cases in Kings County (Brooklyn) alone) continue to increase.

Prior to the end of 2017, Mr. Barnes’ Firm was retained in a number of new foreclosure actions in Tennessee, New Jersey, New York, and Washington state as well. FDN has brought on new local counsel in Washington to assist with the cases pending there.

Jeff Barnes, Esq., www.ForeclosureDefenseNationwide.com