July 26, 2018

This month, FDN celebrates ten consecutive years of representing homeowners nationwide who are fighting foreclosure. The attorneys in our network continue to work tirelessly and diligently to challenge foreclosures in more than 35 states at the trial and appellate levels in both state and Federal courts, and will continue to do so especially as we have been advised from many sources that another 2008 mortgage debacle is on the horizon.

Jeff Barnes, Esq., www.ForeclosureDefenseNationwide.com

July 26, 2018

Today, during a deposition of the designated representative of the Bank of New York as Trustee for a Countrywide CWMBS securitization, the representative (who is an attorney and employee of the servicer Shellpoint) admitted under oath that MERS is not the true beneficiary of a Deed of Trust (DOT) despite claiming to do so, as the Beneficiary is the lender and MERS is not and was never the lender. The representative also admitted that the Substitution of Trustee filed by a law Firm and signed by Shellpoint (as a dba of New Penn Financial) contained a false statement that the Note was payable to MERS. The representative further admitted that two letters sent to the homeowner which stated that the loan was owned by a CWALT Trust were also incorrect.

As those of you who follow this website know, the Supreme Courts of Oregon, Washington, and Montana issued opinions that MERS is not the beneficiary of a DOT despite claiming to be so, and the Washington case even permitted MERS to be sued for misrepresenting that it is the beneficiary. Today’s testimony is in line with these decisions. As MERS is not the beneficiary, it cannot act as such for purposes of executing Assignments of Deeds of Trust or Substitutions of Trustee in non-judicial foreclosure cases.

The homeowner is represented by Jeff Barnes, Esq. of W.J. Barnes, P.A. Mr. Barnes took the deposition of the representative this afternoon in Nashville, TN.

Jeff Barnes, Esq., www.ForeclosureDefenseNationwide.com

July 24, 2018

In just the last few weeks, we have seen more and more instances of unethical “bank” lawyers engaging in unprofessional and fraudulent conduct and actions designed to frustrate the homeowners’ defense of foreclosure actions. Of particular note:

(a)  In a case in Oregon where Mr. Barnes’ Firm represents the homeowners, the “bank” claimed for years that the original Note was lost, and confirmed this through a Lost Note Affidavit from a prior servicer and sworn deposition testimony of the “bank’s” representative. Three days before the trial, counsel for the “bank” advised that all of the sudden, the “original” Note had been located, but did not send a copy to the homeowners’ attorneys until the day before trial was to begin. The Court continued the trial, but the “bank’s” attorney has not yet provided the names of all persons who were involved in the miraculous discovery of the Note 72 hours before trial nor have they advised of the circumstances of the discovery,

(b)  In a case in New Mexico where Mr. Barnes’ Firm represents the Plaintiff homeowner, one of the attorneys in a fraud case who represents one of the Defendants is a material witness in the case as he signed Quitclaim Deeds in connection with the alleged fraud. His counsel agreed that he and his Firm must thus be disqualified from representing the Defendant client. He agreed in writing to have his deposition taken on August 22, but just now filed a “Motion for Protective Order” claiming that the deposition date was never discussed or agreed to. The New Mexico rules of professional conduct provide for the assessment of sanctions against attorneys who make frivolous claims. The homeowner will be seeking such sanctions.

(c)  In a case pending in New Jersey where the homeowners have retained Mr. Barnes’ Firm and his local NJ counsel, an Answer to the foreclosure Complaint was filed months ago and copied to counsel for the “Bank”. Notwithstanding this, the law Firm representing the “Bank” has just moved for a default judgment against the homeowners. Despite the homeowners’ local counsel bringing this error to the attention of the “bank’s” attorneys; they refused to withdraw their Motion and are seeking the entry of a foreclosure judgment without either a Motion for Summary Judgment being filed or a trial.

These are just a few examples of the kind of incredibly arrogant and dishonest conduct being engaged in by law Firms representing “banks” and servicers. It is time that the Courts begin assessing severe and punitive sanctions against these wrongdoers, who apparently have no respect for the rules of professional conduct.

Jeff Barnes, Esq., www.ForeclosureDefenseNationwide.com

July 17, 2018

Moments ago, a Colorado District Court Judge entered an Order cancelling a Trustee’s (foreclosure) sale which was scheduled for tomorrow morning (July 18) in Douglas County, Colorado. The foreclosing party is Deutsche Bank as claimed Trustee of an American Home Mortgage securitization trust which closed in 2006. It is public knowledge that AHM filed for Bankruptcy in the United States Bankruptcy Court for the District of Delaware in 2007 which proceeding remains active to this day.

The case involves issues as to a MERS Assignment of the Deed of Trust and Deutsche Bank’s alleged legal ability to seek enforcement of the Note (issued in favor of the bankrupt American Brokers Conduit, which was a subsidiary of the bankrupt AHM).

The homeowners, who have lived in their home for over 18 years, are represented by Jeff Barnes, Esq. of W.J. Barnes, P.A. The homeowners were given less than 7 days’ notice of the sale of their home. Mr. Barnes filed a new action with supporting papers including an Emergency Motion for a TRO last Friday. The matter was assigned to the Judge yesterday, who just entered the TRO minutes before this post with a detailed ruling citing case law and factually that the homeowners had satisfied all of the necessary elements, both procedural and substantive, to be entitled to a TRO.

The matter now proceeds into discovery and the conversion of the TRO into a preliminary injunction so that no sale can occur while the matter is being litigated.

Jeff Barnes, Esq., www.ForeclosureDefenseNationwide.com

June 26, 2018

A Lee County (Ft. Myers) Florida Circuit Judge this afternoon denied Motions for Summary Judgment filed by US Bank as Trustee of a securitized mortgage loan trust, Bank of America, MERS, and Nationstar in a pre-emptive action filed by the homeowner which seeks Declaratory Relief and damages due to fraud and the Florida Unfair and Deceptive Trade Practices Act, and also seeks to quiet title to the homeowner’s property. The homeowner is represented by Jeff Barnes, Esq. of W.J. Barnes, P.A.

The Note and Mortgage are in the name of America’s Wholesale Lender, a purported “New York corporation” (which it never was), and the claimed “endorsement” on one version of the Note is not by AWL but by Countrywide Home Loans, Inc. d/b/a AWL. The homeowner was later directed to send payments to Bank of America (which he did) but after investigation, suspected that BOA had never legally succeeded to the interest of what he learned to be the non-existent AWL “a New York corporation”.

He initiated an action seeking the truth as to who his lender actually is, and for damages resulting from payments made to a non-holder and what he claims is a fraudulent lien on his property. The homeowners’ expert conducted significant research into the loan and determined that AWL was not the actual lender, and that the true lender was a third party located in Virginia.

The Defendants filed extensive Motions for Summary Judgment seeking to have all claims dismissed. Mr. Barnes file opposition papers totaling 57 pages of issues, documents, and case law.

After a 2.5 hour court hearing this afternoon, the Judge denied all of the Defendants’ Motions, holding up a pad which he showed to counsel where he had, during the course of the hearing, made a list of genuine issues of material fact. The matter will not proceed to trial. The homeowner has requested a jury trial, which the Defendants are opposing. A hearing on the matter is being scheduled.

Jeff Barnes, Esq., www.ForeclosureDefenseNationwide.com

This year, Mr. Barnes’ Firm and the FDN network celebrate their tenth consecutive year representing homeowners defending foreclosures throughout the United States in both state and Federal courts and at the trial and appellate levels. Mr. Barnes has been told by numerous attorneys representing banks and servicers, including attorneys working for large national foreclosure Firms, that he (Mr. Barnes) is the only attorney in the entire United States that they know of who represents homeowners in as many states as he does in all courts for as long as he has been doing so, and has more knowledge of the issues than any other attorney defending foreclosures.This has recently lead to numerous settlements of foreclosure cases.

As an apparently response to and respect for Mr. Barnes’ decade-long legal work including the establishment of the law as to MERS through victories in the Supreme Courts of Oregon and Montana and his tireless efforts to protect homeowners, Mr. Barnes has been recently requested to act as a mediator in foreclosure cases, and thus announces that mediation is now an additional service that his Firm offers.

Mr. Barnes was previously certified as a Mediator by the Supreme Court of Florida, and was also certified as a Qualified Neutral by the State of Minnesota.He has also attended countless mediations in foreclosure cases in numerous states over the past 10 years.

Jeff Barnes, Esq., www.ForeclosureDefenseNationwide.com

May 18, 2018

W.J. Barnes, P.A. has recently been retained to handle appeals in state and Federal courts in several states, including Tennessee (state and Federal), Colorado (Federal), New Jersey (state), Pennsylvania (state), and Florida (state). Mr. Barnes has been lead appellate counsel in numerous appeals throughout the United States on a regular basis throughout his 30-year career as a litigator, and he is a member of the United States Courts of Appeal for the Third, Sixth, Tenth, and Eleventh Circuits.

There are still many states which do not have appellate decisions on several significant issues in foreclosure law, and there are new theories of defense being developed as well. As there is no appellate law on these new theories, appeals will continued to be filed on these issues.

Off topic, we wish everyone a happy and safe Memorial Day weekend.

Jeff Barnes, Esq., www.ForeclosureDefenseNationwide.com

April 30, 2018

Mr. Barnes has been retained on several new foreclosure cases in Washington, where he currently works with local WA counsel Jill Smith, Esq. on other pending cases at both the trial and appellate levels. Mr Barnes had been working on the pending cases with his prior local counsel James A. Wexler, Esq., who passed away on December 27, 2017. Ms. Smith has substituted in for Mr. Wexler.

The cases involve several securitization entites, including Wilmington Trust Company and Bank of New York Mellon both acting in the capacity of “trustee” for a mortgage securitization trust. In each of the cases, Mr. Barnes has amended the pleadings to assert various issues related to standing and the foreclosing party’s alleged ability to enforce the Note and Deed of Trust and has propounded discovery as to these issues.

In one of the cases, the presiding Judge informed counsel for both parties, following filings by Mr. Barnes and his admission to the Court in that case, that the case is “extremely complicated” and thus “will not fall on summary judgment”.

In view of this increase in cases in WA, Mr. Barnes is contemplating opening a branch office in the Seattle area. We will keep our readers advised of developments.

Jeff Barnes, Esq., www.ForeclosureDefenseNationwide.com

April 11, 2018

This morning, Mr. Barnes appeared in court and was admitted pro hac vice in a foreclosure case in Kings County (Brooklyn), New York. The court’s clerk advised Mr. Barnes that the County has over 8,000 active foreclosure cases with just three (3) Judges, and with more cases on the way.

Another attorney advised Mr. Barnes that literally thousands of new foreclosure cases will be filed in the coming months in Kings County due to the resetting of interest rates on numerous loans previously modified, which the homeowners will not be able to afford as the reset interest rates will substantially increase their monthly payments.

Many New York homeowners do not understand the foreclosure process in New York including the “FRP” (Foreclosure Resolution Part) procedures for attempting to settle a foreclosure case. Per previous posts, Mr. Barnes and his local NY counsel have and continue to be involved in assisting homeowners through this process and to help them save their homes from foreclosure.

Jeff Barnes, Esq., www.ForeclosureDefenseNationwide.com

April 10, 2018

Finally, some justice for homeowners. A California Judge has issued a 107-page opinion in which he slays Bank of America for “brazen and heartless conduct, institutional obstinance, and dishonesty” during a wrongful foreclosure which involved BOA inviting and entertaining 20 loan modification applications since 2009 which the Judge found that BOA had no intention of granting. All of the applications and supplements were deemed by BOA to be “lost”, “insufficient”, or “incomplete”.

The female homeowner suffered PTSD as a result of BOA’s incomprehensible conduct, and her husband attempted suicide as a result of the stress inflicted by BOA’s actions.

Judge Klein hit BOA with fines totaling $46M. The full text of the opinion can be found by googling “California Judge Bank of America $46M”.

We hope that this is a bellwether of things to come, and that more Judges will refuse to permit, and will severely punish, the banksters and their pawns (the servicers) which continue to frustrate homeowners by simultaneously interposing every obstacle to a homeowner obtaining relief while actively pursuing their real goal, which is to take someone’s home under the guise of “your loan modification request has been denied.”

Jeff Barnes, Esq., www.ForeclosureDefenseNationwide.com