October 4, 2019
This morning, an Oklahoma City District Court Judge granted the homeowners’ Motion for Reconsideration of a prior grant of summary judgment in favor of Wilmington Savings Fund Society as the claimed “trustee” of a securitization trust. The case involves an original lender which filed for bankruptcy in 2009 and four claimed allonges, 3 of which were filed after the Complaint was filed and as the Plaintiff kept being substituted.
Jeff Barnes, Esq. represents the homeowners together with local Oklahoma City counsel Scott Harris, Esq. Mr. Barnes prepared the Motion for Reconsideration and argued it in person in the Oklahoma District Court this morning.
A prior Judge had granted Wilmington’s MSJ without even permitting Mr. Barnes to make his argument and without hearing any evidence as to whether Wilmington had satisfied Oklahoma’s statutory and decisional law requirements to establish an allonge as a legal form of endorsement, commenting only that “well, your client owes somebody money, right?”. The prior Judge also did not permit an examination of the alleged original Note or allonges at the prior hearing, a fact which Wilmington’s counsel admitted at this morning’s hearing.
The Judge today recognized the issues involved and thus granted rehearing, which served to preclude Wilmington from presenting the case for final adjudication today which Wilmington had requested.
Jeff Barnes, Esq., www.ForeclosureDefenseNationwide.com