(Mr. Barnes has been “on the road” for the past weeks traveling to hearings in different states)
November 19, 2015
A Pinellas County, Florida Circuit Judge vacated a Final Default Judgment against a homeowner who resides in Israel who never resided in the Florida property upon which Wells Fargo foreclosed upon. The loan file reflected that Wells Fargo knew that the homeowner resided in Israel and actually had his address in Israel, yet directed its process server (per statements on the process server’s Service Affidavit) not to attempt service in Israel. Service was allegedly made by “publication”.
The Final Default Judgment was thus vacated and set aside, as the obvious attempt of Wells Fargo was to avoid compliance with Florida’s service of process statutes and circumvent the required service with “publication”. Jeff Barnes, Esq. represents the homeowner.
In Connecticut, a foreclosure action was dismissed based on a lack of standing and lack of any proof of any proper transfer of the loan to the foreclosing Plaintiff, which was proven by a loan investigation report of the homeowner’s expert witness Richard Kahn. Mr. Kahn was formerly upper management with Merrill Lynch’s mortgage-backed securitization division on Wall Street, and has also assisted Mr. Barnes in securing a victory at trial and successfully opposing summary judgment motions in other cases.
The homeowner was represented by the Scalzi law offices in Connecticut, with substantial assistance from John Krondes who is a paralegal with that Firm who also assists W. J. Barnes, P.A. in that capacity with other cases.
Jeff Barnes, Esq., www.ForeclosureDefenseNationwide.com