June 24, 2010
FDN attorney Jeff Barnes, Esq. has just had three separate foreclosure actions filed by three separate law Firms representing three separate Plaintiffs dismissed in a Key West, Florida court in a span of less than one hour.
The foreclosing Plaintiffs were Deutsche Bank as Trustee for a securitized mortgage loan trust, Countrywide Bank, and American Home Mortgage Servicing, Inc. The Court rejected the MERS assignment present in two of the three cases on the authority of the recent Collier County, Florida ruling which cites numerous anti-MERS cases from around the United States which have been previously discussed on this website. The Court found a “repugnancy” between the allegations of the Complaint and the exhibits attached to the Complaint, warranting dismissal.
All three cases were argued in person by Mr. Barnes.
Jeff Barnes, Esq., www.ForeclosureDefenseNationwide.com