June 26, 2018
A Lee County (Ft. Myers) Florida Circuit Judge this afternoon denied Motions for Summary Judgment filed by US Bank as Trustee of a securitized mortgage loan trust, Bank of America, MERS, and Nationstar in a pre-emptive action filed by the homeowner which seeks Declaratory Relief and damages due to fraud and the Florida Unfair and Deceptive Trade Practices Act, and also seeks to quiet title to the homeowner’s property. The homeowner is represented by Jeff Barnes, Esq. of W.J. Barnes, P.A.
The Note and Mortgage are in the name of America’s Wholesale Lender, a purported “New York corporation” (which it never was), and the claimed “endorsement” on one version of the Note is not by AWL but by Countrywide Home Loans, Inc. d/b/a AWL. The homeowner was later directed to send payments to Bank of America (which he did) but after investigation, suspected that BOA had never legally succeeded to the interest of what he learned to be the non-existent AWL “a New York corporation”.
He initiated an action seeking the truth as to who his lender actually is, and for damages resulting from payments made to a non-holder and what he claims is a fraudulent lien on his property. The homeowners’ expert conducted significant research into the loan and determined that AWL was not the actual lender, and that the true lender was a third party located in Virginia.
The Defendants filed extensive Motions for Summary Judgment seeking to have all claims dismissed. Mr. Barnes file opposition papers totaling 57 pages of issues, documents, and case law.
After a 2.5 hour court hearing this afternoon, the Judge denied all of the Defendants’ Motions, holding up a pad which he showed to counsel where he had, during the course of the hearing, made a list of genuine issues of material fact. The matter will not proceed to trial. The homeowner has requested a jury trial, which the Defendants are opposing. A hearing on the matter is being scheduled.
Jeff Barnes, Esq., www.ForeclosureDefenseNationwide.com