November 9, 2012
FDN attorneys have obtained positive results in foreclosures cases in three different states this week.
Today in Lee County, Florida, a Circuit Judge denied Deutsche Bank’s Motion for Summary Judgment. The Court Order provides that there are genuine issues of material fact and discovery remains an issue. Jeff Barnes, Esq., who had a previously summary judgment in the case vacated, represents the homeowner and argued the matter earlier today. The case involves not only a signature on an alleged “original” promissory note which signature does not match that of the homeowner on either her driver’s license or her Affidavit (and which “original note” was mysteriously “found” just before a prior summary judgment hearing and when the Complaint contained a count for “Lost Note”), and outstanding discovery compelled by a prior Order of the Court which also assessed attorneys’ fees against Deutsche Bank. There are also issues as to the validity of the alleged “endorsement”.
In Tennessee, a Judge has entered an Order staying any sale of the homeowner’s property pending the full disposition of the litigation without the requirement of a bond, and has commanded that all discovery (which the “bank”, that being Bank of New York Mellon as the securitization trustee, had opposed) be overseen by a Special Master. The “bank” had previously filed a Motion to Dismiss and Motion to Stay Discovery. The Court reserved ruling on the Motion to Dismiss pending discovery. Notwithstanding that no discovery was produced, the “bank” renewed its Motion to Dismiss, which was denied again. The homeowner is represented by Jeff Barnes, Esq. and local Tennessee counsel Andrew Farmer, Esq.
The third was the Colorado ruling in the post below. We have had over a dozen requests for copies of this decision from attorneys in several states.
Jeff Barnes, Esq., www.ForeclosureDefenseNationwide.com