March 9, 2015
An Orange County (Orlando), Florida Judge dismissed a foreclosure filed by Citibank NA as alleged “trustee” for a WaMu securitization. The Plaintiff had failed for eight (8) months to respond to the homeowners’ requests for admissions, and filed a Motion just 8 days before trial asking to be excused from “technical admissions.” The trial Judge did not accept Citi’s argument that there would be “no prejudice” to the homeowners by letting Citi off the hook for its failure to comply with discovery, as the deeming of the admissions (due to Cit’s failure to respond thereto) materially affected the homeowners’ trial preparation (as they relied on the matters being deemed admitted by law), and relieving Citi of its discovery obligations at trial would have amounted to severe prejudice to the homeowners.
Jeff Barnes, Esq. represents the homeowners, who are now entitled to payment of their attorneys’ fees and costs from Citi as they were the prevailing parties in the action and as Florida law provides for the assessment of a homeowner’s attorneys’ fees and costs against the foreclosing party even if the case is dismissed without prejudice.
Mr. Barnes will also be arguing issues relating to MERS (e.g. whether a MERS assignment transferred any interest, the alleged equating of a MERS assignment to an endorsement, and whether the presence of these issues precluded summary judgment) in the Supreme Court of Delaware on Wednesday, March 11, 2015. Several of the issues in the appeal are of “first impression”, meaning that there is currently no Delaware case law “on point” as to those issues. Mr. Barnes represents the homeowner in the multi-tiered appeal.
Jeff Barnes, Esq., www.ForeclosureDefenseNationwide.com