May 8, 2014
A Philadelphia, Pennsylvania Court of Common Pleas Judge has denied a Motion for Summary Judgment filed by Bank of America/BAC Home Loans Servicing, L.P. The loan was originated by America’s Wholesale Lender (AWL, a warehouse arm of the former Countrywide) and was allegedly transferred to BAC Home Loans Servicing, L.P which later “merged into” BOA.
The homeowner is represented by Jeff Barnes, Esq. and local Pennsylvania counsel Lawrence Granite, Esq. Mr. Barnes drafted all of the Briefs and argued the matter in person in the Philadelphia court. It is known that oral argument on summary judgment Motions is almost nonexistent in Philadelphia foreclosure cases. The Court itself ordered oral argument after the Briefs were filed.
BOA took the typical position of “we have the Note, endorsed in blank”, etc. The claimed “endorsement” bore the name/stamp of Michelle Sjolander, who has testified under oath in a deposition in another case that she never signs endorsements and never places them on promissory notes. The “endorsement” was also undated and had no other authenticating information.
The only date of any claimed transfer of the Note and Mortgage was the April 14, 2011 MERS Assignment. However, the Plaintiff’s designated representative, who was deposed by Mr. Barnes, testified that he did not even know if AWL was even in existence as of the date of the MERS Assignment. Further, none of the MERS cases cited by BOA dealt with the precise issue. The homeowner’s briefs set forth the national state of the law as to MERS, and also pointed out that BOA failed to negate the homeowner’s affirmative defenses, which alone preclude summary judgment.
The case now proceeds to full trial in June.
Jeff Barnes, Esq., www.ForeclosureDefenseNationwide.com