January 26, 2010
January 26, 2010
For those defending foreclosure, it is important to keep current on the property taxes and insurance on the property for at least two reasons. It is also important to investigate the status of any “escrow” or “impound” account on a mortgage loan.
“Escrow” or “impound” loans take a portion of the monthly mortgage payment and [...]
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January 22, 2010
January 22, 2010
FDN successfully stopped three separate Trustee’s sales in three separate states in a span of 19 hours from 5:30 p.m. Thursday, January 21 to 2:30 p.m. Friday, January 22. The result of the Idaho case was published earlier today.
FDN attorney Jeff Barnes, Esq., with the assistance of local Arizona counsel Lynn Keeling, Esq., [...]
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January 22, 2010
January 21, 2010
In what has been hailed an enormously significant victory for Idaho borrowers, the Kootenai County District Court in Coeur D’Alene, Idaho converted a temporary restraining order obtained by FDN attorneys Jeff Barnes, Esq. and local Idaho counsel Monica Flood Brennan, Esq. into a temporary injunction late yesterday afternoon in a case where the [...]
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January 18, 2010
January 18, 2010
FDN attorneys Jeff Barnes, Esq. and local NJ counsel Michael Jacobson, Esq. have scored a stunning victory in New Jersey resulting in the reversal of a previously entered summary judgment and where the court made significant findings as to factual issues surrounding what appears to have been a double assignment by MERS first to CitiMortgage and then to [...]
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January 12, 2010
January 12, 2010
FDN attorney Jeff Barnes, Esq., together with the efforts of local Idaho counsel Monica Flood Brennan, Esq. (a recent addition to the FDN network) caused a Trustee’s Sale of a borrower’s residence to be stopped literally within hours of the scheduled sale. The Idaho District Court entered a temporary restraining order cancelling and [...]
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January 8, 2010
January 8, 2010
It is no secret that whether a MERS assignment is valid and legal or not depends on what part of the country you are in. The California courts have said yes and no depending on the circumstances; the Arizona courts apparently believe that whatever MERS does cannot be challenged; the Supreme Court of [...]
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January 8, 2010
January 8, 2010
In three separate court hearings in different counties in New Jersey today, the Courts agreed not to rule on motions for summary judgment filed by loan servicers and trustees of securitized trusts, essentially abating ruling on the motions pending referral of the foreclosure cases to Mediation and strongly encouraging counsel for the trustees [...]
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January 7, 2010
January 7, 2010
FDN is pleased to welcome attorneys Monica Flood Brennan, Esq. of Coeur D’Alene, Idaho and Ryan Blay, Esq. of LakeLaw in Southern Wisconsin as affiliate counsel to the ever-growing FDN network. Local counsel in Oregon and west Texas are in the process of becoming members of the FDN team shortly.
Jeff Barnes, Esq.
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January 5, 2010
January 5, 2010
As we previously advised on this website, the decision of the Supreme Court of Kansas which attacked MERS assignments has literally subjected some sixty (60) million mortgage foreclosures to challenge. Notwithstanding the wealth of recent court decisions on the fallacy behind and the legal invalidity of MERS assignments, several jurisdictions (most notably Arizona [...]
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