TWO SUMMARY JUDGMENT MOTIONS AND A FORECLOSURE SALE STOPPED IN TWO STATES WITHIN THREE DAYS

August 25, 2017

A foreclosure sale was stopped and two Motions for Summary Judgment were withdrawn by the foreclosing parties in two states within three days this week. Jeff Barnes, Esq. represents the homeowners in all three cases as lead counsel.

The foreclosure sale was stopped in Sevier County, Tennessee and involves America’s Wholesale Lender as the alleged “originator” of the loan, Bank of New York as the claimed “trustee” of a CWALT securitization trust, and Shellpoint as the servicer. Mr. Barnes prepared the Complaint, Motion for TRO and Preliminary Injunction, and Memorandum of Law. He is assisted by local counsel (and Tennessee state representative) Andrew Farmer, Esq. The Court entered the TRO on the papers without a hearing.

The second case is pending in Williamson County, Tennessee, and involves America’s Wholesale Lender, Bank of New York Mellon as successor Trustee to JPMorgan Chase as the claimed “trustee” of a SAMI II (Structured Asset Mortgage Investment) securitization Trust, and Nationstar as the servicer. Mr. Barnes prepared and filed the opposition papers to BNY’s Motion for Summary Judgment. BNY withdrew the MSJ after receipt of the Opposition papers. Mr. Barnes is working with local TN counsel John Higgins, Esq. on this case.

The third case is pending in Oklahoma City, OK and involves an entity which denominates itself “Syncretic Financial”. The underlying loan was allegedly securitized through Wells Fargo as the claimed “trustee” for a Stanwich Trust. The hearing on Syncretic’s Motion for Summary Judgment was cancelled by Syncretic after receipt of the opposition papers, which were prepared by Mr. Barnes. He is assisted by local Oklahoma counsel Scott Harris, Esq.

Jeff Barnes, Esq., www.ForeclosureDefensenationwide.com

 

 

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