November 22, 2017
Today, the Florida Second District Court of Appeal affirmed a Final Judgment in favor of the homeowner which was entered after a full trial. Jeff Barnes, Esq. represented the homeowner at trial and in the appeal.
The loan was originated by WaMu, and was then allegedly transferred to JPMorgan Chase and later to multiple LLCs, ending with Ventures Trust 2013-I-NH by MCM Capital Partners. At trial, Ventures attempted to introduce an “acceleration letter” on the letterhead of WaMu dated seven (7) months after WaMu had filed for bankruptcy. Ventures’ sole trial witness presented no evidence as to how WaMu could have generated the subject letter given the bankruptcy.
After trial, the Court took the matter under advisement and later entered Final Judgment in favor of the homeowner on his “paragraph 22” defense (as to the failure of proof given the suspect acceleration letter). Ventures appealed. The Florida Second District Court of Appeal today issued a per curiam affirmance of the Final Judgment.
Jeff Barnes, Esq., www.ForeclosureDefenseNationwide.com