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