February 21, 2018

A Colorado District Judge has ordered Deutsche Bank to prove up a claimed “original” Note in a CRCP 120 proceeding. The attorney for Deutsche Bank requested the Judge to take “judicial notice” of a claimed “original” Note in an apparent effort to bypass the evidentiary proof requirements, and without any evidence being presented that the alleged Note is in fact an “original”. Section 202 of the The Colorado Evidence Code, which governs requests for judicial notice, does not provide for a court to take judicial notice of a disputed document.

The borrower disputes the claimed “original” nature of the Note given that (a) the original lender filed for bankruptcy in 2007, and (b) there was no evidence that the Note was either a retained asset of the bankrupt original lender or that it was sold before the bankruptcy was filed. There is thus no evidence as to how Deutsche Bank could be in possession of the alleged “original” Note.

Jeff Barnes, Esq. represents the borrower, who has also raised the defense that the Note is not enforceable as it is a prohibited “negative amortization” Note, as “neg am” loans were declared to be illegal by Colorado statute long before the origination of the loan. The Judge remarked that the case has significant legal issues as to real party in interest under CRCP 17 and the case law in Colorado.

The Judge thus declined to entertain Deutsche Bank’s CRCP 120 request for an Order Authorizing Sale, and has scheduled a full evidentiary hearing on all issues for March 9, 2018.

Jeff Barnes, Esq., www.ForeclosureDefenseNationwide.com

February 5, 2018

Over the years, a significant number of people, both clients and others, have requested if Mr. Barnes, who is a former teacher and professor, provides classes to students in college who are interested in becoming litigators. Many students who are “pre-law” express an interest in learning about the litigation process including drafting of lawsuits, motions, and discovery, and also arguing motions and trying a case, but do not have the opportunity to obtain this type of experience while in college.

Litigation Academy of Florida, Inc. was formed today in response to this request. Mr. Barnes, who will be conducting the course, has been a career litigator for almost thirty (30) years, and developed curricula while a teacher before becoming an attorney. He has also given numerous CLE seminars to attorneys which have been accredited by The Florida Bar and the Supreme Court of Ohio, and also recognized for CLE credit in Pennsylvania.

The one-week course is designed for college students who are interested in pursuing a career as litigators. The course will take the students through the various court systems, drafting of lawsuits and motions, serving discovery, and actual argument of a significant motion (such as a Motion to Dismiss or for Summary Judgment) or a simple trial. The students will be grouped into teams who will argue against each other, and so that all students will be able to observe the presentation and argument of a significant motion or a simple trial.

Classes are anticipated to be held in June and August, 2018, after the time when college students are finished attending their regular classes so as to not interfere with college studies and exams. The classes will begin at 8:30 a.m. on a Monday and run through 5 p.m. on the Friday of the scheduled week, with oral argument for motions and trial(s) being held on the Friday. Written materials will be provided, and participants who complete the course will be issued a Certificate as well.

In view of the intensive nature of the one-week course, class size is limited to twenty (20) students per session (either June or August). The course will be held in the Atrium Building at 1515 North Federal Highway, Boca Raton, Florida 33432.

Those who are interested in the course may inquire by going to the “Contact Us” link on this website, or e-mailing Mr. Barnes at [email protected]. Classes are limited to college students who are “pre-law” or who are genuinely interested in pursuing a career in litigation.

Jeff Barnes, Esq.