February 1, 2013
Today, a Hillsborough County, Florida Circuit Judge has denied a motion for summary judgment filed by JPMorgan Chase Bank, N.A. involving a WaMu origination. The borrower is represented by Jeff Barnes, Esq. who argued the matter in a Tampa courtroom this morning. Mr. Barnes filed the Lawrence Nardi deposition in which Mr. Nardi, as a former employee of WaMu who became employed with JPM after the failure of WaMu, testified that although a schedule of WaMu mortgage loans to be purchased from the FDIC was contemplated, it was never prepared, has never been produced in any case, and does not exist. JPM separately admitted in the Federal litigation that it is not the successor in interest to WaMu in its own motion for summary judgment which it filed in that case, which Mr. Barnes filed as well.
Based on the questions as to JPM’s standing raised by the Nardi deposition and the Federal court admission and the lack of any sworn testimony in JPM’s Affidavit as to when and how it came into possession and ownership of the Note, the Court denied summary judgment.
Mr. Barnes has filed the Nardi deposition and the Federal court admission in several cases, but this was the first time that they were tested for summary judgment purposes, resulting in summary judgment being denied. The Court also ordered that Mr. Barnes may take the deposition of a corporate representative of JPM in light of the issues.
Jeff Barnes, Esq., www.ForeclosureDefenseNationwide.com