September 10, 2019
An incredible settlement was reached for husband and wife homeowners in a Federal case where an investment bank, as the claimed “trustee” of a securitization Trust, sought foreclosure. Although we cannot reveal the terms of the settlement or the identity of the homeowners or the foreclosing bank, the settlement resulted in the bank agreeing to “eat” more than 65% of its claim due in significant part to the efforts of Mr. Barnes (who represents the homeowners) in obtaining an Order from the Federal Judge which placed the bank in serious jeopardy of being able to prove its case. Mr. Barnes’ inquiries of the bank’s witness during a deposition of the witness revealed the Bank’s weaknesses in is case, which the Federal Judge found to be significant.
W.J. Barnes, P.A. has also been retained by homeowners on two separate cases where Mr. Barnes has prepared Petitions for Certiorari Review to the United States Supreme Court. Mr. Barnes completed both Petitions in the span of 30 days. The first case involves a challenge to Colorado’s “Rule 120” non-judicial foreclosure process. The second involves a determination by the Tennessee appellate courts which upheld a prohibition and preclusion on Mr. Barnes’ cross-examination of the bank’s witness, during a deficiency trial, as to the manner by which foreclosure sales were conducted and the prices obtained for the commercial properties sold where the witness testified to these matters on direct examination. The law of both Tennessee and the U.S. Supreme Court permits cross-examination of a witness even on matters which are otherwise inadmissible if the witness opens the door as to the matters on direct examination.
Jeff Barnes, Esq., www.ForeclosureDefenseNationwide.com