FDN NETWORK ATTORNEY JASON ESTAVILLO DEFEATS SUMMARY JUDGMENT ON ALL COUNTS OF COMPLAINT

October 7, 2016

Today, FDN network attorney Jason Estavillo, Esq. was successful in defeating Bank of America and HSBC Bank on their Motion for Summary Judgment or in the Alternative Summary Adjudication in San Francisco Superior Court. Mr. Estavillo represents the homeowners.

The court denied BOA’s and HSBC’s MSJ as to all counts of the homeowners’ Complaint, sounding in Cancellation of Instruments, Violations of Business and Professions Code Sec. 17200 et seq., Declaratory Relief, and Breach of Contract. The Court held that BOA and HSBC “failed to show that the beneficial interest in the Note and Deed of Trust were “transferred” to Countrywide Financial.”

BOA and HSBC attempted to prove the alleged “transfer” of the loan through a third party letter, but the court held that the letter was not admissible evidence and even if it was, “it does not show that Countrywide Financial ever “accepted” it or even paid the purchase price. Additionally, no evidence is presented to show a connection between Countrywide Financial and Bank of America, N.A. as successor by merger to BAC Home Loans Servicing, LP FKA Countrywide Home Loans Servicing LP.”

Summary Judgment was denied as to all causes of action. The case now proceeds to trial.

Jeff Barnes, Esq., www.ForeclosureDefenseNationwide.com

FEDERAL 10TH CIRCUIT PERMITS HOMEOWNERS TO SUE BANK OF AMERICA FOR RICO VIOLATIONS IN CONNECTION WITH LOAN MOD MISREPRESENTATIONS

October 5, 2016

The United States Court of Appeals for the 10th Circuit (which is the Federal appeals court for Federal cases filed in Colorado, Kansas, New Mexico, Oklahoma, Utah, and Wyoming) has issued a 38-page opinion which reversed the trial court’s dismissal of RICO and other claims filed by homeowners against Bank of America and a company which it hired in connection with fraudulent administration of HAMP loan mod applications. The case is George et al. v. Urban Settlement Services and Bank of America, No. 14-1427 (10th Cir., Aug. 15, 2016).

The homeowners alleged that the Defendants fraudulently represented that if the homeowners made all of their TPP payments during the trial period that BOA would sign off on their loan modifications and the modifications would become permanent. Although the homeowners complied with all of the terms of the TPP and BOA sent permanent loan mod applications which were completed by the homeowners, BOA failed to modify the loans.

The 10th Circuit cited decisions from the 1st, 7th, and 9th Circuits which held that the promises made in TPP documents were enforceable, and found that the homeowners had alleged sufficient facts to support claims under RICO against BOA and the company it hired, and for promissory estoppel against BOA.

Jeff Barnes, Esq., www.ForeclosureDefenseNationwide.com

FD SEMINARS ADDITIONAL CLE CERTIFICATION OBTAINED

October 5, 2016

FD Seminars presenter Richard Kahn has obtained four (4) CLE credits for the courses which he will be teaching at the Foreclosure Defense seminar series. The Florida Bar has accredited his courses for four General CLE credits, and also 4 credits for business litigation and 4 credits for real estate.

Jeff Barnes, Esq., www.ForeclosureDefenseNationwide.com

FORECLOSURE DEFENSE SEMINARS TO ADD ADDITIONAL CLE CREDITS; SEMINAR APPROVED FOR 5.50 CLE CREDITS BY PENNSYLVANIA CONTINUING LEGAL EDUCATION BOARD

September 30, 2016

The FDSeminars Foreclosure Defense seminar has sought to add additional CLE credits so that the total credit for each seminar will be seven (7) credits. The additional credits being sought are for the courses to be taught by securitization expert Richard Kahn, who requested CLE accreditation from The Florida Bar for his presentations at the seminars. Mr. Barnes previously obtained accreditation for five (5) CLE credits for the courses which he teaches at the seminars.

Mr. Kahn is the author of two books on securitization and using securitization information in defending foreclosures. He and Jeff Barnes, Esq. will be the keynote speakers at the upcoming seminars in Oakland (San Francisco/East Bay), California on Friday, October 14, 2016, and in Irvine (Orange County) California on Friday, November 18, 2016.

Today, we received notification from a Pennsylvania attorney who attended our seminar in New Jersey that the seminar has been approved for 5.50 CLE credits by the Pennsylvania Continuing Legal education Board.

Information and registration may be obtained by going to the website, www.FDSeminars.com under the “SeminarInfo” link.

Jeff Barnes, Esq., www.ForeclosureDefenseNationwide.com

JEFF BARNES, ESQ. TO SPEAK AT COLORADO SUPREME COURT PUBLIC HEARING ON PROPOSED AMENDMENTS TO CRCP 120

September 28, 2016

The Colorado Supreme Court is holding a public hearing on Friday, November 10, 2016 as to proposed amendments to CRCP 120, which Rule governs the initiation and proceedings for non-judicial foreclosures in Colorado. Mr. Barnes’ Firm has been defending CRCP 120 proceedings for over eight years, and has seen first-hand the problems with the existing procedure. Mr. Barnes will be speaking at the meeting as to proposed amendments to the Rule.

The hearing will be held in the Colorado Supreme Court courtroom, 2 East 14th Avenue, 4th Floor, Denver, Colorado on Friday, November 10 beginning at 2:30 p.m. The hearing is open to the public.

Jeff Barnes, Esq., www.ForeclosureDefenseNationwide.com

PRAISES AND KUDOS FROM FORECLOSURE DEFENSE SEMINAR ATTENDEES

September 19, 2016

We have received praises and kudos from those who attended the first in the series of Foreclosure Defense seminars, which was held last Friday in Parsippany, New Jersey. The seminar was attended by attorneys and paralegals who came from Pennsylvania, New York, New Jersey, and Connecticut, with one attendee having come all the way from Tennessee. The seminar was haled as “exceptional, A+, 5 star” and “money well spent”, with the presentation being praised as “thorough and on point, entertaining, and memorable”.

The next seminar is scheduled for Friday, October 14, 2016 in the San Francisco Bay area. Registration may be done by going to the seminar website, www.FDSeminars.com.

Jeff Barnes, Esq., www.ForeclosureDefenseNationwide.com

CLE ACCREDITATION OBTAINED FOR FIVE COURSES IN UPCOMING SEMINAR

September 12, 2016

Today, FDSeminars has received, from The Florida Bar, formal accreditation for all five of the courses being taught by Jeff Barnes, Esq. at the upcoming Foreclosure Defense Seminars including that scheduled for this Friday, September 16, 2016 in Parsippany, New Jersey. The Florida Bar CLE accreditation confirmation documents will be given to each attorney participant at the seminar. Each course has been accredited for one hour of general CLE credit.

Jeff Barnes, Esq., www.ForeclosureDefenseNationwide.com

SUMMARY JUDGMENT DENIED TO BNY IN AWL SECURITIZATION CASE IN TENNESSEE

September 11, 2016

Summary judgment was denied to Bank of NY as the claimed “trustee” of a 2005 CWALT (Countrywide) securitization involving America’s Wholesale Lender (AWL) in Sevierville, Tennessee on Friday, September 9, 2016. after extended argument before the Court. Jeff Barnes, Esq. represents the homeowners together with local TN counsel and Tennessee State Representative Andrew Farmer, Esq. Mr. Barnes drafted all of the legal memoranda and argued the case before the Court last Friday.

Both sides had filed Motions for Summary Judgment: the homeowners on the basis that AWL never existed (per the findings of the St. Lucie County, FL Circuit Court in the Dimant  decision), and BNY based on a “blank endorsement” theory. After extensive briefing and argument, the Judge stated: “the issues in this case are greatly disputed. There are issues as to whether the lender existed; who owns and loan; and whether it has been paid off”.

This is a significant victory in multiple respects: it calls into question the alleged “existence” of AWL, which claims in the Deed of Trust to be “a corporation organized and existing under the laws of the State of New York” which the Dimant court found not to be true, and in fact determined that AWL never existed at all. One of the significant legal issues is whether a non-existent lender may (a) transfer any interest in the Note and mortgage instrument (here, a DOT) to anyone, and (b) whether a downline transferee may seek to enforce an interest which the original alleged “lender” never had.

Another significant issue is whether the loan has been paid off through credit enhancements, outright insurances, or otherwise (e.g. though a credit default swap), which directly affects BNY’s claim of the alleged amount owed. The homeowners’ expert, former Wall Street securtization professional Richard Kahn, has already testified that there are protections in place to pay in the event of borrower defaults, and that the borrowers paid for these protections.

The case now proceeds to trial, which is set as “number 1” beginning Monday, October 17, 2016.

Jeff Barnes, Esq/, www.ForeclosureDefenseNationwide.com

Seminar CLE Accreditation Update

September 2, 2016

The Florida Bar has approved CLE accreditation for the first of five courses to be taught by Mr. Barnes at the foreclosure defense seminar series. The process to accredit the other four courses has been temporarily interrupted due to the closure of the offices of The Florida Bar as a result of Hurricane Hermine.

The five courses to be taught by Mr. Barnes at the seminars are:

(a)  Identifying Preliminary Defenses and Case Screening (CLE approved);

(b)  Securitizations, SBM, Asset Purchase, and Merger Cases

(c)  Discovery and Dealing With Objections;

(d)  Filing and Defending Dispositive Motions and Declaratory Relief; and

(e)  Forbearance Agreements, Loan Modifications, Mediation, and Bankruptcy Issues.

Securitization expert and former Wall Street mortgage-backed securities manager and mortgage lender Richard Kahn will be teaching Securitization analysis and Loan History Examinations, including the use of expert testimony for discovery, defending summary judgment motions, and trial.

The seminars are open to attorneys, homeowners, paralegals, and anyone desiring to obtain knowledge as to the defense of foreclosure actions. Registration may be made by going to the website, www.FDSeminars.com.

Jeff Barnes, Esq., www.ForeclosureDefenseNationwide.com