APPEALS NOW PENDING IN SIX STATES ON SIGNIFICANT ISSUES

November 27, 2012

FDN’s Jeff Barnes, Esq. has been retained as lead appellate counsel in appeals pending in six different states on leading issues in foreclosure defense. The appeals are in state, Federal, and Bankruptcy Courts.

In Hawaii, Mr. Barnes has been retained to appeal the grant of a summary judgment where there are multiple issues of fact relating to the standing of a non-lender to institute a non-judicial foreclosure, where the corporate representative of the non-lender denied, under oath, any personal knowledge of numerous issues relating to the alleged transfer of the mortgage and Note.

In Colorado, Mr. Barnes has been retained to prosecute an appeal in the 10th Circuit Bankruptcy Appeallate Panel on securitization issues as they relate to the grant of relief from the automatic stay to pursue foreclosure.

In Oregon, Mr. Barnes has been retained to defend his earlier victory in the Oregon Court of Appeals on the issue of whether MERS is a “beneficiary” under the Oregon Trust Deed Act. MERS has appealed that decision. Mr. Barnes is also appealing an adverse verdict at trial in another case where the homeowner’s securitization defenses were excluded by the trial court.

In Tennessee, Mr. Barnes is appealing, to the United States Court of Appeals for the 6th Circuit, the grant of summary judgment in a securitization case where the homeowner requested a declaration that the securitized trustee did not own the mortgage loan. Mr. Barnes was admitted to the 6th Circuit today. A second appeal is being taken to the Tennessee Supreme Court from an affirmance, by the Court of Appeals, of an adverse decision by the trial court where the trial court did not permit the homeowner to raise defenses to a summary judgment motion which was back-noticed without notice to the homeowner’s counsel.

In Montana, Mr. Barnes will be taking an appeal of the MERS issues to the Supreme Court of Montana, similar to the Oregon appeal, as Montana has no appellate law on what MERS can and cannot do.

In Florida, Mr. Barnes is prosecuting three separate appeals in three different appellate districts. All relate to the grant of summary judgment in favor of the non-lender foreclosing party.

Jeff Barnes, Esq., www.ForeclosureDefenseNationwide.com

Leave a Reply