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 successfully had the Final Judgment vacated after two separate hearings, as NY law provides that defenses cannot be withdrawn by an attorney without consent of the client, and that the actions of the prior attorney constituted those which amounted to ineffective assistance of counsel.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