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A foreclosure sale was stopped and two Motions for Summary Judgment were withdrawn by the foreclosing parties in two states within three days this week.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

 

 

NEXT FREE FORECLOSURE SEMINAR PLANNED FOR BROOKLYN MID-SEPTEMBER

August 22, 2017

In response to numerous requests, we are planning our next free one hour foreclosure seminar for mid-September, 2017, to be held in Brooklyn, New York. The conference room location will be announced in a later post, as we are currently reviewing various facilities to try to secure a location with close access to public transportation and with adequate parking.

There will be a 30-minute Q&A following the seminar. Anyone is welcome to attend.

Jeff Barnes, Esq., www.ForeclosureDefenseNationwide.com

FREE FORECLOSURE DEFENSE SEMINAR IN NEW YORK RESCHEDULED TO AFTERNOON OF THURSDAY, AUGUST 17, 2017

August 9, 2017

We previously posted that we are holding a free foreclosure defense seminar which had been scheduled for Friday, Aug. 18, 2017.

The seminar has been rescheduled to Thursday, August 17, 2017 beginning at 3:30 p.m. and will be held at 745 5th Avenue, 5th Floor, New York, New York (which is just south of the east side of the intersection of East 58th Street and 5th Avenue; Bergdorf Goodman is to the left at the ground floor of the building). A one-hour presentation will be made followed by a 30-minute Q&A.

The seminar is open to anyone.

The rescheduling is due to a recent Judge’s Order which changed the hearing date on a motion in a case in Florida, which hearing Mr. Barnes must attend on August 18, 2017.

Materials will be provided at the seminar. Please e-mail us by no later than next Tuesday, Aug. 15 if you plan to attend, as we need to make sure that we have the appropriate number of copies of materials to be distributed.

Jeff Barnes, Esq., www.ForeclosureDefenseNationwide.com

CHATTANOOGA, TENNESSEE JUDGE VACATES FINAL JUDGMENT AND STAYS EVICTION

August 7, 2017

Today, a Hamilton County, Tennessee (Chattanooga) Circuit Judge granted the homeowner’s sworn motion to vacate a Final Judgment of foreclosure and to stay eviction proceedings. For those of you who follow this website, this is the same case where in March of 2016 the same Court denied FNMA’s Motion for Summary Judgment in an FED (eviction) case. (SeeĀ post of March 15, 2016 in archives section of this website, to the right of this post).

The homeowner is represented by Jeff Barnes, Esq. and local TN counsel Fred Clelland, Esq. Mr. Barnes, who is admitted PHV in the case, prepared the Sworn Motion on an expedited basis, as the homeowner just discovered that she was about to be evicted by a notice posted on the door of her residence and without any prior notice that the case had progressed since the March, 2016 summary judgment hearing.

After the motion for summary judgment was denied, FNMA changed attorneys. Despite the record fact that Mr. Barnes and Mr. Clelland were of record as representing the homeowner, FNMA’s new attorneys failed to inform either attorney that it was proceeding forward, and obtained a Final Judgment without any notice to the homeowner or either of her counsel.

Tennessee law supports due process and notice to a litigant concerning critical steps in court proceedings. A final judgment entered without notice constitutes reversible error, which law was cited by Mr. Barnes in the homeowner’s sworn Motion to Vacate and Stay.

Jeff Barnes, Esq., www.ForeclosureDefenseNationwide.com