SUMMARY JUDGMENT STOPPED IN HAWAI’I: MERS “ASSIGNED” LOAN TO DEUTSCHE BANK AS TRUSTEE OF SECURITIZED MORTGAGE LOAN TRUST 17 MONTHS AFTER ORIGINAL LENDER HAD MORTGAGE LICENSE REVOKED

June 14, 2010

FDN attorneys Jeff Barnes, Esq. and Ronald Grant, Esq. have stopped a summary judgment in a judicial foreclosure in Hawaii where Deutsche Bank, as trustee for a securitized mortgage loan trust, claimed there was no genuine issue of material fact as to the foreclosure. The borrower had been proceeding pro se until the summary judgment was set for hearing.

Deutsche Bank claimed entitlement to foreclose by virtue of a MERS assignment from Home 123, which was a subsidiary of the bankrupt New Century Mortgage. The problem is that the subject “assignment” was executed by MERS “as nominee for Home 123” some 17 months after the mortgage lender’s license of Home 123’s parent New Century had been revoked in California, and where Hawai’i had revoked Home 123’s registered agent’s authority.

FDN’s Jeff Barnes, Esq. researched and prepared the borrower’s Supplemental Memorandum in Opposition to Deutsche Bank’s Motion for Summary Judgment and discovery requests for the borrower. Deutsche Bank’s counsel stipulated to cancel the summary judgment hearing upon the filing of the borrower’s Supplemental Memorandum and service of the discovery, which has been filed by local Hawai’i counsel Ronald Grant, Esq.

Jeff Barnes, Esq., www.ForeclosureDefenseNationwide.com

 

Jeff Barnes, Esq.

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