April 16, 2012
FDN’s Jeff Barnes, Esq. is currently lead appellate counsel in appeals pending in four different states:
(a) In Oregon, a homeowner has appealed a summary judgment to the Oregon Court of Appeals on the issue of whether MERS can be a “beneficiary” under the Oregon Trust Deed Act. The Oregon Trial Lawyers’ Association has filed amicus briefs in support of the homeowner’s position. The appeal has been fully briefed and was orally argued by Mr. Barnes.
(b) In Washington, a homeowner has appealed a decision of the Bankruptcy Court on the issue of whether the claimed “secured” creditor satisfied the evidentiary prerequisites necessary to overrule the homeowner/debtor’s objection to the Proof of Claim filed by the alleged “secured” creditor per the requirements of the Ninth Circuit Bankrupty Appellate Panel’s decision in the matter of In Re Veal. Mr. Barnes will be arguing the case before the 9th Circuit Bankruptcy Appellate Panel on May 16, 2012.
(c) In Tennessee, Mr. Barnes has filed the borrower’s first Brief in an appeal of the denial of a Tennessee court to permit the borrower’s newly retained counsel to file a response to the foreclosing party’s Motion for Summary Judgment. The hearing on the Motion was unilaterally accelerated by the foreclosing party’s counsel without notice to the homeowner’s newly-retained counsel. The state court judge did not grant the summary judgment until almost a week after receiving the homeowner’s newly retained counsel’s motion to file a response to the summary judgment motion, and waited over a month to deny the homeowner’s request. The Order appealed from states, in part, that if the court were to grant the relief requested that it would be “aiding and abetting” the homeowner.
(d) In Florida, Mr. Barnes will shortly be filing the homeowner’s Initial Brief in a case where a Florida state court judge granted the foreclosing party’s motion for summary judgment despite the judge’s statements during the summary judgment hearing that there appeared to be issues of fact as to the endorsement on the Note.
Mr. Barnes has also been retained on other appellate matters which are in their initial stages.
Jeff Barnes, Esq., www.ForeclosureDefenseNationwide.com