SUMMARY JUDGMENT DENIED IN WAKULLA COUNTY, FLORIDA ON DEUTSCHE BANK/MORGAN STANLEY SECURITIZATION

June 10, 2013A Crawfordville (Wakulla County) Florida Circuit Court Judge today denied a Motion for Summary Judgment filed by Deutsche Bank as trustee for a Morgan Stanley securitization.

Jeff Barnes, Esq. wrote the legal memorandum to oppose the Motion and personally argued the case in court this morning. The case involves a “blank endorsement” by the original lender which was had been out of business two years before the Complaint was filed, with no evidence as to when the endorsement was placed on the Note or with what authority.┬áThe Plaintiff’s Affidavit did not have the information required by recent Florida case law including the McLean v. JPMorgan Chase Bank line of cases as to the issues surrounding alleged blank endorsement which are undated.

The Plaintiff also failed to demonstrate that it has complied with the Court’s prior Order compelling the homeowner’s discovery and filing of a log as to any documents claimed by DB to be “privileged.”

Jeff Barnes, Esq., www.ForeclosureDefenseNationwide.com

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