May 13, 2014

A Palm Beach County, Florida Circuit Judge has denied a Motion for Summary Judgment filed by New York Community Bank (NYCB). Jeff Barnes, Esq. represents the homeowner. Mr. Barnes filed the Brief in opposition to the MSJ and argued the matter in the Palm Beach County court.

NYCB was not the original lender. There is no endorsement of any kind on the Note. NYCB filed two “Allonges”, the first of which identified another bank which was not identified in the Complaint, the MSJ, or the Plaintiff’s Affidavit. Multiple stamps of different banks appeared on this Allonge.

The second Allonge was signed twice by one Christine Ackley, who simultaneously claimed to be the “attorney in fact” for the FDIC as assignor as well as the “authorized agent” for NYCB as assignee. No corporate resolution, conflict of interest waiver, or any other document was filed by NYCB authorizing Ms. Ackley to wear both hats on the same day in the same document for 2 different entities where she herself purported to represent both the transferor and the transferee.

The Affidavit filed by NYCB had no facts on personal knowledge as to how NYCB came to own or hold the Note as required by Florida case law.

Jeff Barnes, Esq., www.ForeclosureDefensenationwide.com