October 29, 2015

W. J. Barnes, P.A. is pleased to announce the opening of its new branch office in Denver, Colorado in connection with the Firm’s affiliation with Atlas Law Firm, P.C. of Denver. Mr. Barnes will be working with Edward Levy, Esq. of Atlas per our prior post below.

The Denver office is located in Suite 575 of the Ptarmigan Building, 3773 Cherry Creek North Drive, Denver, Colorado 80209. Meetings in that office will be by appointment only, and may be scheduled with Tiffany Goldwater (of W. J. Barnes, P.A.) by e-mailing [email protected].

W.J. Barnes, P.A. and Atlas Law Firm, P.C. will shortly be publishing a directory of services which will include foreclosure defense, bankruptcy (Chapters 7, 11, and 13), defense of Stay Relief Motions and Proofs of Claim in Bankruptcy proceedings, FED/UD defense, appeals (state and Federal court), and loan enforcement dispute actions. Expert witness services will also be made available through Richard Kahn, who was formerly the national product manager for Merrill Lynch’s mortgage-backed securities division on Wall Street who has over twenty years of experience in securitization and who has been qualified as an expert witness in numerous states across the country.

Recently, Mr. Barnes has been requested by homeowners across several states who are current and not in default on their loans to file pre-emptive actions to determine whether a claimed lender or servicer has the right to seek payment on a mortgage loan which was not originated in the name of the servicer or their principal. Most of these cases involve securitization of the loan or SBM (alleged “successor by merger”) situations (such as the claim of JPM that it is the alleged “successor in interest” to the defunct WaMu or BOA is the alleged “purchaser” of a Countrywide originated loan).

These Loan Enforcement Determination actions are becoming ripe due to recent decisions of appellate courts, particularly in Florida, that mere possession of a Note with an undated blank endorsement does not prove standing (resulting in many reversals of foreclosure judgments and the entry of judgment in favor of the homeowner), and in view of the increasing questionable nature of alleged “original” Notes which were previously claimed to be lost or which did not have an endorsement stamp appear until well into the foreclosure litigation.

Jeff Barnes, Esq., www.ForeclosureDefenseNationwide.com

October 22, 2015

In recent months, we have been advised by homeowners in different states that certain Judges in those states have taken the position that decisions by either the Supreme Court of that state or decisions of the United States Supreme Court are not binding on them. Taking such a position violates the Judge’s duties as an officer of the Court, erodes confidence in the judiciary, and renders the public more suspicious of the court system than it already is.

A Judge is duty-bound to follow the “law of the land” whether they agree with it or not. A Judge cannot impose his or her own personal views as to whether the state or US Supreme Court made the correct decision on an issue: when a state Supreme Court or the US Supreme Court decides a specific legal issue, the law is established and Judges must follow it. State supreme courts (other than as so denominated in New York, as the “Supreme Court” is a lower level court in NY) and the US Supreme Court are the highest appellate courts, and their decisions establish “the law of the land”: a state Supreme Court decision establishes the law for that State, while the US Supreme Court establishes the law for the country.

In our experience, the overwhelming majority of Judges are fair, honest, considerate of the position of both sides, and take the law into account when rendering their decisions. The examples below are isolated, but the fact that two such examples have been recently brought to our attention is disturbing.

One of the cases which we were advised of concerned the use of Mr. Barnes’ successful appeal of the MERS issues in the Supreme Court of Montana, which by its decision established that MERS was not the “beneficiary” of a Deed of Trust despite claiming to be so. Although this decision was issued two years ago, the homeowner advised that when that decision was presented to a local Montana county Judge, the Judge took the position that he was not bound by the Supreme Court of Montana’s decision.

Another homeowner advised us that in a prior foreclosure-related hearing before a state court Judge that the Judge told the homeowner that he was not bound by decisions of the United States Supreme Court.

This contempt and disrespect for state Supreme Courts and the US Supreme Court is beyond disconcerting.  There is no reason why homeowners facing foreclosure should be treated adversely when a decision of a state or the US Supreme Court is in favor of them and presented to the Judge. “And Justice for All” means just that: it does not mean “except no justice for homeowners in foreclosure.”

Jeff Barnes, Esq., www.ForeclosureDefenseNationwide.com

October 20, 2015

We are pleased to announce the network’s affiliation with mortgage securitization expert Richard Kahn. Mr. Kahn spent years on Wall Street as management with Merrill Lynch in their mortgage securitization division, reporting directly to (former Treasury secretary) Donald Regan. Mr. Kahn has been qualified as an expert in numerous states across the U.S. His company, FPG USA, offers initial loan assessments as well as full-blown mortgage loan reports.Mr. Kahn has been instrumental in assisting W. J. Barnes, P.A. with the defense of foreclosures involving securitizations, SBMs (successors by merger), and cases involving defunct and bankrupt original lenders across the U.S.

The network has also established an affiliation with Denver, Colorado bankruptcy attorney Edward Levy, Esq. Prior to opening his own law practice, Mr. Levy spent over 15 years as a certified public accountant with a national CPA firm, and was also a Chief Financial Officer and corporate controller in private industry. Mr. Levy currently provides bankruptcy services to homeowners facing foreclosure, including filings under both Chapter 7 and Chapter 13 of the Bankruptcy Code.

W.J. Barnes, P.A. and Mr. Levy’s law Firm are currently in the process of reviewing a number of locations for office space which will be shared by both Firms. In view of an increase in Mr. Barnes’ Colorado practice, his plans are to spend several days each month in what will be the Denver office.

Jeff Barnes, Esq., www.ForeclosureDefenseNationwide.com

October 19, 2015

Once again, the Florida Fourth District Court of Appeal has reiterated what is now established law in the State of Florida on “blank endorsements”: no proof of when the stamp was placed on the Note results in reversal of any final judgment in favor of the foreclosing party (and thus no foreclosure), and final judgment in favor of the homeowner. The most recent pronouncement of this maxim is set forth in Peoples v. SAMI II Trust, etc., Florida 4th DCA case No. 4D14-2757 (Fla. 4th DCA, Oct. 14, 2015).

The foreclosing party filed an Amended Complaint with a copy of the Note (in favor of America’s Wholesale Lender) with no endorsement, after which it filed an “original” Note with a stamp. There was no testimony at trial as to when the stamp (allegedly executed by Countrywide) was placed on the Note.  The final judgment which the trial Judge entered in favor of the foreclosing party (a BNY securitization) was reversed with directions to enter final judgment in favor of the homeowner.

Despite the issuance of this case, which is only the latest in a long line of appellate decisions in Florida, the foreclosure firms continue to argue that all they need to prove standing is “the original note with a blank endorsement”, period. Perhaps they are hoping that the Courts are not reading the law, as they apparently are not or they have and are just not being candid with the Court as to what the current state of the law really is.

Jeff Barnes, Esq., www.ForeclosureDefenseNationwide.com

October 13, 2015

Mr. Barnes mourns the recent loss of Robert “Bob” Smart, a longtime client of the Barnes law Firm who was killed in an automobile accident in Colorado last Friday. Bob was a kind and gentle soul and was a friend who will be sorely missed. Be at peace, Bob.

Jeff Barnes, Esq.

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You may see some style changes over the next few days as we complete the work and finish our upgrades.  Thank you for your patience and your dedicated viewership.