September 23, 2010

In what can only be characterized as a series of stunning victories, Jeff Barnes, Esq. and his local counsel Christine Sand, Esq. have completedly turned around what was a dead case against the borrower as of 2005. Wells Fargo had previously been granted summary judgment against the borrower in 2005 which, as those of you who read this website saw recently, was vacated by the Court after Wells Fargo sought, on the eve of trial of the borrower’s pro se counterclaim, to substitute Lehman Brothers as the Plaintiff and filed papers admitting that it did not own the Note and that the Note has been lost. The borrower thus moved for a continuance of the trial scheduled for September 30, 2010 due to these recent revelations by Wells Fargo (and in view of the fact that Wells Fargo had filed an Affidavit under oath in 2005 in support of its Motion for Summary Judgment that it owned and held the Note).

Incredibly, Wells Fargo’s counsel opposed the request for a continuance (termed “resisting” in Iowa), claiming that “there has already been a foreclosure” (that being the 2005 summary judgment, which had already been vacated before the hearing on the Motion for Continuance. The Court, however, apparently disagreed with Wells Fargo and granted the borrower’s motion for continuance. The Order not only cancelled the September 30, 2010 trial reopened discovery as well.

Our thanks to local Iowa counsel Christine Sand, Esq. for her work with Mr. Barnes on this case.

Jeff Barnes, Esq., www.ForeclosureDefenseNationwide.com