October 29, 2015
W. J. Barnes, P.A. is pleased to announce the opening of its new branch office in Denver, Colorado in connection with the Firm’s affiliation with Atlas Law Firm, P.C. of Denver. Mr. Barnes will be working with Edward Levy, Esq. of Atlas per our prior post below.
The Denver office is located in Suite 575 of the Ptarmigan Building, 3773 Cherry Creek North Drive, Denver, Colorado 80209. Meetings in that office will be by appointment only, and may be scheduled with Tiffany Goldwater (of W. J. Barnes, P.A.) by e-mailing Tiffany@wjbarneslaw.com.
W.J. Barnes, P.A. and Atlas Law Firm, P.C. will shortly be publishing a directory of services which will include foreclosure defense, bankruptcy (Chapters 7, 11, and 13), defense of Stay Relief Motions and Proofs of Claim in Bankruptcy proceedings, FED/UD defense, appeals (state and Federal court), and loan enforcement dispute actions. Expert witness services will also be made available through Richard Kahn, who was formerly the national product manager for Merrill Lynch’s mortgage-backed securities division on Wall Street who has over twenty years of experience in securitization and who has been qualified as an expert witness in numerous states across the country.
Recently, Mr. Barnes has been requested by homeowners across several states who are current and not in default on their loans to file pre-emptive actions to determine whether a claimed lender or servicer has the right to seek payment on a mortgage loan which was not originated in the name of the servicer or their principal. Most of these cases involve securitization of the loan or SBM (alleged “successor by merger”) situations (such as the claim of JPM that it is the alleged “successor in interest” to the defunct WaMu or BOA is the alleged “purchaser” of a Countrywide originated loan).
These Loan Enforcement Determination actions are becoming ripe due to recent decisions of appellate courts, particularly in Florida, that mere possession of a Note with an undated blank endorsement does not prove standing (resulting in many reversals of foreclosure judgments and the entry of judgment in favor of the homeowner), and in view of the increasing questionable nature of alleged “original” Notes which were previously claimed to be lost or which did not have an endorsement stamp appear until well into the foreclosure litigation.
Jeff Barnes, Esq., www.ForeclosureDefenseNationwide.com