JESINOSKI RESCISSION AND LOAN ENFORCEMENT DETERMINATION ACTIONS ON THE RISE

February 11, 2016

Jeff Barnes, Esq. has been retained to file and has filed TILA rescission actions in the Federal courts of Florida, Colorado, and Tennessee. As those of you who follow this website are aware, Mr. Barnes has successfully staved off an eviction in Colorado by asserting a Jesinoski rescission defense, as has FDN’s local counsel in Tennessee based on the filing of a rescission Complaint prepared by Mr. Barnes. Other such actions are presently being prepared for filing in Hawaii and Arizona.

Mr. Barnes has also been retained to file Loan Enforcement Determination (LED) actions in various states, demonstrating the evolution of mortgage lending cases from strict foreclosure defense to offensive claims. Mr. Barnes has also recently filed an action for rescission and various fraud-based claims against Wells Fargo Bank in Federal court in Florida pursuant to Jesinoski and Florida law which is supported by the detailed findings of fraud made by Marie McDonnell, the expert witness who was instrumental in the recent $5.4M jury verdict against Wells Fargo in Texas which case bears striking similarities (including the same alleged “original” lender, that being the long-bankrupt New Century Mortgage) to the Texas case.

Mr. Barnes is also currently in a trial in Oregon involving whether America’s Wholesale Lender (which a Florida Judge found, after a full trial and pursuant to sworn testimony of a witness from Bank of America not to have existed), ever transferred any interest in either the Note or the Deed of Trust to the Bank of New York as the claimed “trustee” of a securitization trust. A separate rescission action based on the non-existence of AWL (and thus no legal loan having ever being “consummated” with the non-existent alleged “lender”) is also being filed shortly in Federal Court in Colorado by Mr. Barnes’ Firm.

Jeff Barnes, Esq., www.ForeclosureDefenseNationwide.com

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