March 11, 2016
As those of you who follow this website know, Mr. Barnes and his local counsel have filed Jesinoski-based rescission actions in several states. Pushback from the bankster attorneys has been fierce and arrogant, and in one case in Tennessee, downright nasty and unprofessional. Attorneys for the “bank” Defendant screamed at and threatened Mr. Barnes’ local counsel, claiming “You and that guy Barnes are just going around the country getting people free houses!!!”.
The truth is that Mr. Barnes and his local counsel have, for now going on 8 years, continuously advocated the homeowner’s rights and interests and have steadfastly challenged the banksters’ and servicers’ alleged claims of being the “person entitled to enforce” the Note and mortgage instrument (whether it be a Mortgage, Deed of Trust, or what is called in Georgia a “Security Deed”). As our followers know and as demonstrated by the archives section of this website (to the right), the fight has been long and hard, but we are and will continue to keep fighting against the Wall Street/investment bank goliaths.
No one has ever received a “free house”. The accusation itself is untrue, unless applied to the banksters who, in most of the cases we deal with, are not even the lender and who most likely have been paid more than once and up to perhaps 30 or 40 times over on the Note given the structure of securitizations and tranche assignments when viewed against the portfolio insurances, reserve pools, credit default swaps, and other “protection mechanisms” which insure that the banksters get paid regardless of any claimed “default” on the part of the borrower. The foreclosure proceedings are thus designed to give the downline claimed transferees a “free house” with minimal effort, and after they have already been paid on a Note that they did not even originate.
Jesinoski has opened up a plethora of new legal issues. In fact, in one Motion to Dismiss filed by the “bank” in one of the pending cases, counsel for the “bank” admits that the courts of that state have not addressed the precise issue framed by the complaint. Given the truth of that statement (that the case is in fact one of “first impression” in that state), it all but insures that the non-prevailing party will take any decision to the U.S. Court of Appeals for that jurisdiction, and to the United States Supreme Court thereafter if deemed necessary.
What irks the banksters is that homeowners are demonstrating that they will no longer be treated like cattle to the slaughter, nor can the banksters simply steamroll over and trample upon homeowner’s rights and permit the banksters to continue to perpetrate fraudulent foreclosures. Banksters view homeowner defenses to foreclosures as roadblocks to their business model to obtain “free houses” for little or no cost or effort.
The battle here has just begun.
Jeff Barnes, Esq., www.ForeclosureDefenseNationwide.com