April 2, 2013

A Volusia County, Florida Circuit Judge has this morning denied a Motion for Summary Judgment filed by USBank as the claimed trustee of a securitized mortgage loan trust which closed in 2005. Counsel for USBank argued that the “note was endorsed in blank”, which was a falsity as there is no endorsement on the Note at all, and the “Allonge” filed by the Plaintiff after the suit was filed was on a separate sheet of paper and was undated, unnotarized, unwitnessed, and was signed by “Lydian Data Services” of Boca Raton, Florida (a company which was acquired by another company in 2009) with no evidence of authority for Lydian to sign anything for anyone.

The MERS “Assignment” attempted to transfer the loan to the securitized mortgage loan trust years after the trust closed, and was signed by known robo-signer Herman John Kennerty, who testified under oath that he signs between 50 and 150 documents per day and only checks the date of the document. The relevant portion of the deposition was filed with the Court as part of the homeowner’s opposition to the summary judgment motion. Mr. Kennerty set forth no facts in his Affidavit as to the “Allonge” or how USBank came into any interest in the Note. There was also no evidence that USBank had any interest in the Note when the case was filed.

The attorney for USBank also claimed that “The Plaintiff filed opposition to the borrower’s affirmative defenses”, which was also a false statement, as there was no summary judgment evidence filed to negate any of the homeowers’s affirmative defenses. The law in Florida requires admissible evidence to legally refute all of the homeowner’s affirmative defenses.

The homeowner is represented by Jeff Barnes, Esq., who personally argued the matter in court in Deland, Florida this morning. Mr. Barnes was the only attorney to appear personally in court for the entire calendar of hearings; there were six attorneys for the “banks” on the phone, and no other attorney appeared to defend any other homeowner on any of the other cases on the hearing calendar.

Jeff Barnes, Esq., www.ForeclosureDefenseNationwide.com