February 28, 2017

Today, the Foreclosure Department of the Supreme Court of New York, Nassau County, elevated a foreclosure case to a Bad Faith hearing, where the homeowner will request a dismissal with prejudice, attorneys’ fees, and other sanctions against Christiana Trust, who has failed to appear for foreclosure settlement hearings on three occasions and where the borrower has completed three trial modifications, paying in excess of $40,000.00 in trial mod payments. Jeff Barnes, Esq. was recently retained to represent the homeowner, with Donna Douglas, Esq. as local New York counsel.

Mr. Barnes appeared in court in Mineola, New York today in connection with the scheduled settlement hearing and requested relief for Christiana Trust’s bad faith conduct. The case was one of eighty-one (81) foreclosure cases on today’s docket.

New York courts may elevate a case from the foreclosure resolution department to a Bad Faith hearing. Mr. Barnes had provided a letter to the servicer on February 3, 2017 notifying the servicer of the history of the case and of the hearing and demanded a permanent loan modification in view of the three prior completed trial modifications.

Jeff Barnes, Esq., www.ForeclosureDefenseNationwide.com

February 24, 2017

We have had a significant number of requests to make FDSeminars’ April 7, 2017 foreclosure defense seminar available by live streaming (for those who cannot physically attend the seminar), and also by DVD. We are in the process of making this happen.

Attorneys who attend remotely via live streaming or who purchase the DVD will receive the same (8) CLE credits as those who attend in person, as permitted by the applicable state Bar rules for remote attendance or through a DVD. Those who attend remotely via live streaming or who purchase the DVD will receive the same materials as those who attend the seminar in person.

Prices for remote attendance or the DVD will be the same as those for live attendance, which can be found on the website: www.FDSeminars.com.

Jeff Barnes, Esq., www.ForeclosureDefenseNationwide.com

February 21, 2017

FDSeminars has scheduled its next foreclosure defense seminar for Friday, April 7, 2017 at the Westshore International Plaza located at 2202 North Westshore Boulevard, Suite 200, Tampa, Florida 33607. The seminar will begin at 8:30 a.m. and will run to 5:00 p.m.

Attorneys will receive eight (8) CLE credits. Written and electronic materials will be presented to all attendees. Fees are $595.00 for attorneys, $495.00 for paralegals, and $395.00 for others.

The seminar will be presented by Jeff Barnes, Esq. and mortgage fraud and securitization expert Richard Kahn. Registration is available by going to www.FDSeminars.com and clicking the “enroll” link.

The March 3, 23017 seminar scheduled for Miami had to be cancelled as Mr. Barnes has been called to a specially set, court-ordered hearing in Lincoln, Nebraska on that date. The next seminar is scheduled for Friday, May 5, 2017 in Orlando, Florida.

Jeff Barnes, Esq., www.ForeclosureDefenseNationwide.com

February 3, 2017

Today, a District Court in Fort Bend County, Texas has granted a homeowner’s emergency motion to cancel a foreclosure sale scheduled by JPMorgan Chase which sale was scheduled for February 7, 2017. The homeowner is represented by Jeff Barnes, Esq. (who drafted the Petition (Complaint), Emergency Motion for Temporary Restraining Order, and the TRO itself), and local Texas counsel J. Derek Winfrey, Esq.

The case centers around JPM’s alleged acquisition, from the FDIC, of a WaMu-originated loan via the FDIC Receivership of WaMu. The Petition recites the lack of any mortgage loan schedule to the Purchase and Assumption Agreement between JPM and the FDIC; the lack of any reference to mortgage loans in the P&AA; the inconsistent position taken by JPM in Federal litigation in which it claimed that it is not the successor in interest to WaMu; and the deposition testimony of former WaMu and JPM mortgage management employee Lawrence Nardi that there was never any schedule of mortgage loans as to loans (allegedly) acquired by JPM from the FDIC and that there were no assignments, allonges, or endorsements evidencing the transfer of any WaMu loans to JPM.

The case will now proceed into discovery.

Jeff Barnes, Esq., www.ForeclosureDefenseNationwide.com

January 26, 2017

Due to several new matters which have come into Mr. Barnes’ office this week which require immediate attention, the webinar which was scheduled for Friday, January 27, 2017 is cancelled and is being rescheduled. We will post the new date when the decision as to the specific date has been made.

Jeff Barnes, Esq., www.ForeclosureDefenseNationwide.com

January 17, 2017

Due to another matter which has recently arisen involving Mr. Barnes’ litigation schedule, the Foreclosure Defense seminar which was scheduled for Friday, February 3, 2017 is being moved to May, 2017. Seminars are planned for Orlando and Tampa in March and April. We will advise as soon as the new date is firmed up.

Jeff Barnes, Esq., www.ForeclosureDefenseNationwide.com

January 3, 2017

We announced the webinar series in our prior post below. The date for the first webinar is Friday, January 27, 2017 at 1:00 p.m. Pacific Daylight Time (PDT). The cost is $99.00 which is paid through PayPal, directing the payment to the e-mail address of [email protected].

The webinar will be a total of ninety (90) minutes (60 minutes of instruction followed by 30 minutes of Q&A from participants). Written materials are provided.

Webinars will be held once a month, with future dates to be announced.

Jeff Barnes, Esq., www.ForeclosureDefenseNationwide.com

December 30, 2016

In response to overwhelming demand, FDN’s Jeff Barnes, Esq. will begin his webinar series in January, 2017. The webinars will be held on Fridays and will last 90 minutes (60 minutes of presentation followed by 30 minutes for Q&A from participants). The cost is $99.00, which is paid through PayPal. Written materials will be provided to each paid participant in advance of the webinar.

The first installment of the webinar series will be Initial Case Analysis and Identification of Issues, which will cover what issues to look for in a case and basic matters of defense.

Details as to the dates and times of the webinars will be provided shortly after January 2, 2017. We wish everyone a happy, healthy, and successful New Year.

Jeff Barnes, Esq., www.ForeclosureDefenseNationwide.com

December 13, 2016

FDN is pleased to announce the addition of Donna Douglas, Esq. of Brooklyn, New York to the attorney network. Mr. Barnes has been forging a relationship with Ms. Douglas for over a month, and met with Ms. Douglas for most of the day yesterday in New York reviewing cases and interviewing clients before attending Court in Brooklyn where Mr. Barnes was admitted pro hac vice.

Ms. Douglas will be working with Mr. Barnes handling foreclosure cases in Manhattan, Brooklyn, Queens, and Nassau County at this time, with expansion plans being in the works.

Some of the cases reviewed involve mortgage documents with forged borrower signatures. This pattern is on the rise, especially in cases which were originally filed as “lost note” cases or where a copy of the Note was not attached to the Complaint. Several of the cases involve elderly borrowers, which is another disturbing pattern.

Mr. Barnes will thus be pursuing Fraud on the Court and other causes of action where borrowers signatures have been forged in an apparent attempt to lend credibility to an otherwise infirm foreclosure action.

Jeff Barnes, Esq., www.ForeclosureDefenseNationwide.com

December 9, 2016

A Hillsborough County (Tampa) Circuit Judge has denied summary judgment in a case involving a WaMu loan origination which (allegedly) passed to JPMorgan Chase following WaMu’s demise and FDIC receivership and (allegedly) notwithstanding WaMu’s Bankruptcy filing the day after it went into receivership. The loan was then (allegedly) sold multiple times to three different entities. Each time the borrower amended his defenses to address a sale of the loan and substitution of Plaintiff, the loan was sold again. The 4th downline transferee, which is a private limited partnership, is now seeking to foreclose. The borrower is represented by Jeff Barnes, Esq., who prepared the formal opposition to the MSJ and argued it this week. The case is now set for trial in February, 2017.

Separately, FDSeminars’ foreclosure defense seminar series will be resuming beginning in February, 2017. The first seminar will be held on Friday, February 3, 2017 in Boca Raton, Florida at 1515 North Federal Highway (Atrium Building). The second seminar will be held in the Miami area on Friday, March 3, 2017. The third and fourth seminars will be held in Tampa and Orlando, Florida. One will be held on April 7, 2017 and the other on a date in early May which is being finalized. Locations will be announced shortly.

Attorneys will receive a minimum of 7 CLE credits. We are in the process of seeking to obtain CLE credits for both general and specific practice areas as well. We will also be videotaping the seminar so that interested parties who cannot physically attend may purchase the seminar in video format.

Details can be found at the website, www.FDSeminars.com.

Jeff Barnes, Esq., www.ForeclosureDefenseNationwide.com