FORECLOSURE APPEALS INCREASING; FORECLOSURE FILINGS ON THE RISE

January 21, 2013

FDN attorney Jeff Barnes, Esq. has been recently admitted to the United States Court of Appeals for the 6th Circuit, adding to his prior admissions to the United States Courts of Appeals for the Third, Tenth, and Eleventh Circuits. Mr. Barnes has also been recently retained to handle six (6) appeals in six different jurisdictions, which appeals are in both Federal and state courts. The Firm has also been recently retained on new foreclosure filings in various states, including Indiana, Tennessee, Colorado, and Florida.

As those of you who follow this website are aware, the MERS issues were argued by Mr. Barnes in the Supreme Court of Oregon on January 8, 2013, as MERS appealed the decision of the Oregon Court of Appeals which ruled against MERS. Mr. Barnes will also be presenting the MERS issues to the Supreme Court on Montana next month in another case of first impression, as Montana has no state appellate law on the MERS issues (as Oregon did not until the Oregon Court of Appeals issued the Niday decision on July 18, 2012 which was argued by Mr. Barnes as well).

There are many states which have no state appellate law on many of the issues in foreclosure defense litigation, including the MERS issues and securitization related issues (compliance with PSA requirements, etc.). It has been and will continue to be part of the mission of FDN attorneys to make the law on these issues so that states have guidance from their state appellate courts.

Jeff Barnes, Esq., www.ForeclosureDefenseNationwide.com