March 27, 2011

FDN is pleased to announce that it has added the law offices of John R. Sterbick, P.S. in Tacoma, Washington to the FDN network to assist with Seattle-area cases. As we have previously published on this website, Washington has a “use it or lose it” trustee’s sale statute, which requires a borrower to file an action to challenge a foreclosure sale before the sale takes place in order to preserve a challenge to the foreclosure. Failure to do so limits, by statute, the borrower’s post-sale remedies solely to damage claims which cannot in any way affect title to the property, or create a lien on the property, or affect the rights of anyone who purchased the property at the sale.

We have also just received a number of inquiries from borrowers who are being subjected to foreclosure proceedings by SunTrust Mortgage, Inc. Our ongoing litigation with SunTrust reveals that SunTrust did in fact sell off mortgage loans to third parties, but retained servicing rights under the same corporate name leading borrowers to believe that since the name of the “lender” and the name of the foreclosing party are the same that no transfer of the loan occurred. It was only through our rigorous discovery that SunTrust’s practices were revealed.

In New Jersey cases, the foreclosure mill Zucker Goldberg continues to obstruct and refuse to produce discovery, including securitization documents, despite a history of court orders compelling such discovery and court-ordered dismissals of foreclosure actions filed by the Zucker Firm as a sanction for failure to comply with court orders compelling this discovery in cases where Jeff Barnes, Esq. and local New Jersey counsel Michael Jacobson, Esq. represent the borrowers and have repeatedly sought this discovery. The same discovery which has been compelled by the New Jersey Chancery Courts (which handle foreclosure cases in New Jersey) has also been recently compelled, on Motion filed by Mr. Barnes, in cases in Oregon and Florida.

Jeff Barnes, Esq., www.ForeclosureDefenseNationwide.com