VICTORY IN ARIZONA: COURT STOPS SALE WHERE BORROWER PRESENTED EVIDENCE OF FRAUDULENT NOTICE OF TRUSTEE’S SALE

May 31, 2010

On Friday afternoon, May 28, 2010, an Arizona state court entered a restraining order cancelling a June 1, 2010 Trustee’s Sale of the borrower’s home which sale had been scheduled by Defendants MERS, Aurora Loan Servicing, and Quality Loan Service. The borrower presented evidence that the Notice of Trustee’s Sale prepared by Defendant QLS was fraudulent, as it claimed that the “current beneficiary” was Defendant Aurora when in fact the purported MERS assignment to Aurora did not occur until one month after the Notice of Trustee’s Sale was generated.

The borrower also cited to the Court the recent decision of the Arizona Bankruptcy Court in the matter of In Re Weisbrod, in which the Bankruptcy Court essentially stripped MERS of its purported authority and which case cites the In Re Sheridan decision from the Idaho Bankruptcy Court and others. The Weisbrod decision has been hailed as a rejection of the Blau and Cervantes pro-MERS decisions from 2009, and is in line and consistent with the findings of the Supreme Courts of Kansas, Nebraska, and Arkansas; the states courts of Vermont, Missouri, and South Carolina; and the Bankruptcy Courts of Idaho and Nevada which have dissected the purported expansion of MERS’ alleged “authority” in mortgages and Deeds of Trust where MERS on the one hand attempts to confine itself to “only a nominee” but later attempts to anoint itself with the power to assign mortgages and notes and institute or further foreclosures. The great majority of the courts are finally starting to see though MERS’ facade and relegate MERS to what it really is: nothing more than an entity which tracks the transfer of mortgages.

The borrower is represented by Jeff Barnes, Esq., who prepared the litigation and memorandum of law, and local Arizona counsel Lynn Keeling, Esq. who obtained the restraining order.

Jeff Barnes, Esq., www.ForeclosureDefenseNationwide.com

FLORIDA JUDGE DISMISSES FORECLOSURE COMPLAINT FILED BY BANK OF NEW YORK AS TRUSTEE FOR A SECURITIZED MORTGAGE LOAN TRUST FOR FAILURE TO COMPLY WITH SUPREME COURT RULES REQUIRING FORECLOSURE COMPLAINTS TO BE VERIFIED AND FOR FAILURE TO PROPERLY ALLEGE CHAIN OF TITLE FROM ORIGINAL LENDER TO FORECLOSING PLAINTIFF

May 27, 2010

In an extremely significant ruling, a Florida Circuit Judge today dismissed a residential foreclosure Complaint filed by the Bank of New York as trustee for a securitized mortgage loan trust for failure to comply with the Supreme Court of Florida Order amending the Rules of Civil Procedure to require that all residential mortgage foreclosure Complaints be verified and as the Plaintiff also failed to properly allege the chain of title from the original lender to the foreclosing Plaintiff as required by recent Florida case law. The Supreme Court of Florida rule amendment and the recent case law requiring proof of chain of title in order to be able to foreclose were both previously reported on this website.

The original lender was Taylor Bean & Whitaker, which failed and was taken over by the government for fraudulent lending practices. There was no assignment or other evidence showing how the loan went from TBW to the Bank of New York. The Complaint was filed on February 12, 2010, the day after the effective date of the Supreme Court Order requiring verification of all residential foreclosure Complaints.

The ruling is extremely significant, as it ratifies the effect of the Supreme Court Order requiring that ALL residential mortgage foreclosure complaints filed in Florida after February 11, 2010 be verified and that such Complaints also allege the proper chain of title of the note and mortgage from the original lender to the foreclosing Plaintiff, and that if the Complaint does not do both, the Complaint is subject to dismissal.

The borrower is represented by Jeff Barnes, Esq., who filed the Motion to Dismiss and argued the matter at a hearing this morning.

Jeff Barnes, Esq., www.ForeclosureDefenseNationwide.com