July 26, 2017
This morning, a Pierce County, Washington Superior Court Judge granted the homeowners’ Emergency Motion to enjoin a Trustee’s (foreclosure) sale which was scheduled for July 28, 2017 in a case where the alleged original lender is America’s Wholesale Lender (AWL). The homeowners are represented by Jeff Barnes, Esq. and local Washington counsel James A. Wexler, Esq. Mr. Barnes prepared the Complaint, Emergency Motion, and supporting papers and argued the matter in the Pierce County Courthouse this morning after the Judge granted Mr. Barnes’ application for admission pro hac vice.
The Complaint alleges several causes of action grounded upon, among other things, that AWL never existed and that the claimed “endorsement” stamp on the Note is of no effect as it was not executed by the original named lender but only by Countrywide Home Loans, Inc. d/b/a AWL, and not AWL, the “New York corporation” identified in the Note and Deed of Trust as the “Lender”. The Complaint also includes the argument which Mr. Barnes successfully advanced in Portland, Oregon last Friday, July 21, 2017 (see separate post below) that the residential mortgage loan contract was unilaterally modified by the securitization trust without notice to or consent of the borrowers.
As there is no case law in Washington on these issues, the case is one of first impression in Washington. The Judge agreed and so stated on the record, also stating that the matter is not one for summary judgment and that the issues need to advance to and be resolved at trial.
Jeff Barnes, Esq., www/ForeclosureDefenseNationwide.com