SUMMARY JUDGMENT REVERSED – US BANK HAS NO STANDING TO FORECLOSE – LOST NOTES

MOST POPULAR ARTICLES

COMBO Title and Securitization Search, Report, Documents, Analysis & Commentary GET COMBO TITLE AND SECURITIZATION ANALYSIS – CLICK HERE

SUMMARY JUDGMENT REVERSED – US BANK HAS NO STANDING TO FORECLOSE – LOST NOTES

BOOM!- Feltus v. US Bank, 2nd DCA Reverses Summary Judgment! Great Job Mack Law Firm!
October 19th, 2011 | Author: Matthew D. Weidner, Esq.
http://mattweidnerlaw.com/blog/2011/10/boom-feltus-v-us-bank-2nd-dca-reverses-summary-judgment-great-job-mack-law-firm/
We view U.S. Bank’s filing of a copy of the note that it later asserted was
the original note as a supplemental exhibit to its complaint to reestablish a lost note as
an attempt to amend its complaint in violation of Florida Rule of Civil Procedure
1.190(a). U.S. Bank did not seek leave of court or the consent of Feltus to amend its
complaint. A pleading filed in violation of rule 1.190(a) is a nullity, and the controversy
should be determined based on the properly filed pleadings. Warner-Lambert Co. v.
Patrick, 428 So. 2d 718 (Fla. 4th DCA 1983).

Before a court may grant summary judgment, the pleadings, depositions,
answers to interrogatories, admissions, and any affidavits must ” ‘conclusively show that
there is no genuine issue as to any material fact and that the moving party is entitled to
a judgment as a matter of law.’ ” Allenby & Assocs., Inc. v. Crown St. Vincent Ltd., 8
So. 3d 1211, 1213 (Fla. 4th DCA 2009) (quoting Fini v. Glascoe, 936 So. 2d 52, 54 (Fla.
4th DCA 2006)). The party moving for summary judgment bears the burden to show
conclusively that there is a complete absence of any genuine issue of material fact. Id.
The properly filed pleadings before the court when it heard the Bank’s
motion for summary judgment were a complaint seeking to reestablish a lost note,
Feltus’s answer and affirmative defenses alleging that the note attached to the
complaint contradicts the allegation of the complaint that U.S. Bank is the owner of the
note, a motion for summary judgment alleging a lost note of which U.S. Bank is the
owner, an affidavit of indebtedness alleging that U.S. Bank was the owner and holder of
the note described in the complaint, and U.S. Bank’s reply to Feltus’s affirmative
defenses asserting that it was now in possession of the original note, which it attached
to the reply. But the note attached to the complaint showed the lender to be
Countrywide Bank, N.A. And the complaint failed to allege that “[t]he person seeking to
enforce the instrument was entitled to enforce the instrument when loss of possession
occurred, or has directly or indirectly acquired ownership of the instrument from a
person who was entitled to enforce the instrument when loss of possession occurred.”

§ 673.3091(a). In addition, the affidavit of indebtedness revealed no basis for the
affiant’s assertion that U.S. Bank owns and holds the note. The affiant is an assistant
secretary for the alleged servicing agent of the Bank, and she asserted that she had
personal knowledge of the loan based on the loan payment records. She did not assert
any personal knowledge of how U.S. Bank would have come to own or hold the note.
See Shafran v. Parrish, 787 So. 2d 177, 179 (Fla. 2d DCA 2001) (“When affidavits are
filed to establish the factual basis of the motion [for summary judgment], they must be
made on personal knowledge, demonstrate the affiant’s competency to testify, and be
otherwise admissible in evidence.”).

FELTUSvUSBANK
http://mattweidnerlaw.com/blog/wp-content/uploads/2011/10/FELTUSvUSBANK.pdf

38 Responses

  1. ANONYMOUS

    “As a loan becomes delinquent — it gets subordinated to that lower tranche. Servicer may advance delinquent payments to the trust for as long as servicer believes the loan is still collectible. Once servicer deems loan is not-collectible, the loan is “zero” balanced and collection rights are “swapped” out of the trust.”

    “Servicer” do you mean the customer servicer the default servicer or the Master Servicer to the Trust? Is a Notice of Default an indication that the servicer (any servicer) now “deems loan is not-collectible”.

    What does this mean? ‘trigger event” occurred, “the Senior Credit Support depletion date has occurred”.

  2. BSE

    Thank you. Repeal of Glass-Steagel and Commodities Futures Modernization Act — root cause of all the problems. Glad you are publicizing. Have studied for a long time.

    And, BSE — this is why Congress and Government REFUSE to help — they caused the problem. Will NEVER admit it.

    This was Obama’s opportunity to fix — he failed. He failed.

  3. Carie

    No one knows who distressed debt buyers are — likely not even the regulators. See other post re — Merrill Lynch and Bank of America, NA and derivatives transfer — and possible congressional investigation.

    Have to look at Deutsche Bank role — many subsidiaries — what capacity did they act in — disclosed and undisclosed??? Likely — yes – derivative holder — at some point – for some securities. At this point, Deutsche —however, is not likely your derivative holder – debt buyer to your collection rights. Goal was — and has been — to dispose.

    Deutsche — likely has completely disposed of US subprime mortgage collection rights they may have held by now. Europe derivatives — remains the main issue to Deutsche — and other European banks now. .

  4. ANON—

    Deutsche Bank is most likely NOT a “distressed debt buyer”—correct?

  5. carie

    Thank you.

    Will add — in every trust there is something called a “residual tranche.” This tranche is not securitized and usually held by the servicer. As a loan becomes delinquent — it gets subordinated to that lower tranche. Servicer may advance delinquent payments to the trust for as long as servicer believes the loan is still collectible. Once servicer deems loan is not-collectible, the loan is “zero” balanced and collection rights are “swapped” out of the trust. (All of this assuming the loan even went into the trust which is highly questionable).

    Credit default swaps act as credit protection — and, again, are contracts that are derived from the securities — which are derived from the certificates — which are derived from the receivables to the loans. The buyer of a CDS pays a premium to the seller of the CDS (monthly or other) — to assure that the seller will purchase the collection rights to default loans (usually on a portfolio of defaults — and at a “discount”). Servicers continues to service for derivative distressed debt buyer — but, servicer will never divulge that party.

    Once the crisis hit — distressed debt market was temporarily shut down — as distressed debt buyers could not perform their function due to the massive defaults. But, has been up and running — either privately or publicly through the government bailout.

    Again, the big problem is that derivatives are deregulated — we cannot get this information. When servicer claims they are acting for the trust — they are not — they are acting for derivative contract holders. But, there are ledgers that must show servicer advances to the trustee to trust — and, therefore we can see when the servicer ceased making advances. That is, IF we can see those ledgers. .

  6. @johngault—I don’t know if this will help answer your question, but here are some previous posts from ANONYMOUS:

    “First, ‘certificate purchasers’ are the banks themselves (security underwriters) and they only purchase a “pro-rata” share to a “pool” of cash flows —- that is all — they are NOT the mortgagee/creditor (the trust is assigned the loans from which the pass-through cash flows are derived –it is the DEPOSITOR (subsidiary) that owns the collections rights (they are not mortgage loans) and the Trust itself. The “certificate purchasers” (the bank security underwriters (another subsidiary) themselves) then repackage the certificates to “pro-rata” cash flows into CDOs that are marketed to security investors — who are also never the mortgagee/creditor. According to all PSAs — there must be a documented valid sale of the “loans”, with supporting Mortgage Schedule to the Depositor in order for any Trust to be valid. There was never any valid sale of loans — and the loans were never actually loans — they were collection rights.
    Second, since the “loan” refinances (subprime/alt-a) and jumbo new purchases were non-compliant and non-performing manufactured defaults, no ‘funding’ at all was necessary (except for the cash-out for the loans). The warehouse lines of credit never actually transferred any actual cash for funding. These lines of credit were simply “credit lines” that the “Depositor” would provide to their correspondent lenders. Once the “loan” refinance origination was completed the Depositor would then reverse the “credit” owed by the correspondent (originator). This never involved any actual deposit of cash proceeds —- the “funding” payoff check is never “deposited” into any bank account. The check is routed to a security derivative clearing house — who then simply cancels the credit-line transaction.
    Third, it is not productive to state that since someone else was actually making payments on the “loan”, “albeit” not the borrower, that the loan is not in default. Courts do not care about this — they only care if the borrower is in default. However, if the actual party does not come forward claiming that the debt is owed to them, and the actual party cannot prove how they came to own the collection rights — borrower does not owe the debt to anyone. That party is never going to able to demonstrate that collection rights belong to them because they would have to divulge the above fraudulent process and that the “mortgage loan” from onset was not a mortgage but, instead, collection rights. This admission would also mean that the “debt” is unsecured and can be discharged in BK. ”

    “…I do not need to know the “processes” — subprime/alt-a/jumbo refinances (as nearly 100% were refinances) — were and are nothing more than a transfer of servicing rights to false collection rights. And, jumbo new purchases fit in the same category.

    This does not preclude QT challenge — all for it — just want most to understand — we are not challenging mortgage title — it never existed in the first place — we are challenging ANY title based on fraudulent loan (collection rights) assumption – and fraudulent mortgage title origination – to begin with.
    All is NOT as THEY would like it to appear to be. Far from it. If you call them a “mortgage” — when it is not a mortgage — they will try to find some way to hold accountable —-this is wrong – and it is fraud. Just because it looks like a “duck” — does not mean it is a “duck” — no matter how it “quacks.”
    Unsecured — name of the game. .
    johngault,— depends on how you define “mortgage” — as I know it — subprime/alt-a/jumbo — were not mortgages — they were transfers of collection rights (albeit — with escalated balance owed and egregious terms). Once the Note/loan — is charged off — no more mortgage — only collection rights survive.
    TARP Inspector General — Footnote 35 again — and again– and again.
    “Without the note, a mortgage is unenforceable, while without the mortgage, a note is simply an unsecured debt obligation, no different from credit card debt.”

  7. @anonymous
    will you tell me more about your take on written off debt and debt-collectors? What forms the basis of the contract between the ‘lender’
    and the debt-collector: Is the debt collector who obtains collection rights paying the ‘lender’ up front for the collection rights and if so, is this by separate contract, and not end. of note and assg’t of dot? Do you think there is an agreement that the ‘lender’ will receive a stated percentage of recovery (the lion’s share and this is important), or what?

  8. cubed2k,

    You are correct it is still slavery for 5 yrs..But there are advantages.
    A BK can be used as a tool. There are ways to convert from a Chap 13 to Chap 7…Read up some more..if you find the right ATTY then it is useful.

  9. Debi in Pittsburgh- try Patrick Loughren. He is the atty. who sued Phila./NJ foreclosure mill Goldbeck, McCafferty, Mckeever for unlicensed practice of law. Fannie and Freddie suspended them from their “preferred vendor list”, and then dropped them completely. One of the partners resigned, the firm is now reborn under another name, Anyway, he understands all the frauds.

  10. And if you want price stability, meaning prices for things are stable, or not going up in value or down in value,

    why you don’t dilute the value of things by issuing more money

    But more money is created everyday by people using credit cards, getting loans,,,,,,,,,,,,,,

    BUT,,,,,,,,,,,,who makes money when things go up and down in prices……………why that would be wall street…………..

  11. @carie

    “it’s simply collects
    RENT from all of us for the use of OUR OWN MONEY.”

    HOW MANY PEOPLE REALLY UNDERSTAND THAT STATEMENT?

    “It’s” = means the government, so you think, but it’s is actually the federal reserve system of banks or central banks.

    “Rent” = means taxes

    “OUR OWN MONEY” means :

    Issuance by government.

    So why would the issuance of money, need to collect rent or taxes? For money it issued or issuance? Why would you need to collect taxes or rent for something called money back? Why? You issued it, so why collect some of it back? Why?

    Enter the Federal Reserve System, yes System, of Banks……………

    The System of banks is actually issuance of money or credit in exchange for interest. Who benefits?

    Why does any country need to borrow money when they can issue it?

    Why do we borrow money from China? Where does China get it’s money to lend to us, the USA?

    But yet we lend money to other Countries? What is that all about?

  12. @Trespass

    Stealing from a thief is taking back one’s own.

    This is a Malinke say. I like it. A lot. Someone posted it a few months ago on this site. Been meditating on it since. Still like it. A lot.

  13. This is at BSE and others here looking at livinglies

    You put yourself in a possible BK.

    Now look at the rules, and take the time to figure out if you are bankrupt or not. And you can go to nolo dot com and put it your numbers.

    and when you put it your numbers on income and expenses, why you will be surprised that you are in fact not bankrupt according to the new rules. And you must file for BK 13………….which puts you on a 5 year plan, a debt slave for 5 years…………and then you are free…………

    Check it out. Don’t take my word for it.

  14. http://www.msnbc.msn.com/id/31510813/#45067919

    Dylan Ratigan today:

    “…as we continue to kick the can down the road…let the shareholders

    off the hook, and stick the taxpayers with the bills for an ongoing

    system that does not create growth or value—it’s simply collects

    RENT from all of us for the use of OUR OWN MONEY.”

  15. @BSE.

    Filing for bankruptcy ain’t so easy these days. It is not forgiveness of debt like you think.

    I know. I have attempted to do it these last few weeks.

    You need to look at the rules in present time and put yourself in the shoes of a debtor to fully understand it.

    BK is not the end all anymore like it was 10 years ago.

    And this is because Debt Collectors lobbied Congress and got their ways. You become a debt slave for five years. You got it?

    You got it?

    Look up the rules and pretend if you wish to file for BK.

    I have figured it out for myself and wife.

    if you make the medium income for a couple in calif, which is about 62k, and deduct your living expenses which are set by the BK rules,,,,,,,,,why any amount above the means,,,,,,,,,,,means you go on a payment plan, and you pay the so called creditors your excess income ………..,,,,,,,,,,,and every year you have to send in your yearly tax form to the BK trustee, and if you make more money, why you have to send the excess above your living expenses (set by the BK trustee) to the trustee so he can send it to the creditors. So in a nutshell, you will only get money to survive for 5 years, any excess you make goes to the trustee to distribute. And you get to only survive based on living expenses for five years. After five years, all debt is wiped out…………only then and 5 years you are free……….trustee gets 10% of disburesments, maybe 25%, I forget now

    Do You Understand?

    BK doesn’t mean more debt than assets anymore. It means income to pay over a set amount of medium living expenses and excess income over that medium goes to so called creditors.

    It is now different from 6 years ago. Look it up yourself.

  16. DELAWARE AG BEAU BIDEN SUES MERS:

    http://www.huffingtonpost.com/2011/10/27/beau-biden-mortgage-registry-lawsuit-banks_n_1062635.html

    Delaware Attorney General Beau Biden sued a private national mortgage registry on Thursday, citing a slew of deceptive trade practices that prevent homeowners from effectively fighting off foreclosure.

    The lawsuit in state court alleges that Mortgage Electronic Registration Systems Inc. deceived borrowers by knowingly obscuring important information, acting as an agent of the true owners of mortgage loans without authority, and failing to properly oversee the registry or enforce its own rules for foreclosure proceedings.

    Major mortgage industry players — including Bank of America, Wells Fargo, Fannie Mae and Freddie Mac — formed MERS in 1995 to bypass county records offices and facilitate the then-booming mortgage-backed securities market. That market’s collapse helped bring about the 2008 Wall Street meltdown that sparked the Great Recession.

    In a statement outlining the lawsuit, Biden’s office said that MERS “engaged and continues to engage in deceptive trade practices that sow confusion among homeowners, investors, and other stakeholders in the mortgage finance system, seriously damaging the integrity of the land records that are central to Delaware’s real property system, and leading to improper foreclosure practices.”

    Homeowner confusion arose from the fact that MERS assumed title to the mortgage instruments associated with the loans that its member organizations were bundling and selling off as securities. Yet MERS, according to the complaint, failed to ensure proper transfer of the mortgages, leading it to foreclose upon houses without the authority to do so. Homeowners trying to fight off foreclosure were hampered by the convoluted chain of title — in other words, it wasn’t clear who was actually foreclosing on them.

    Over the past summer, both Biden and Massachusetts Attorney General Martha Coakley announced investigations into MERS. In the wake of those announcements, MERS revised its rules to forbid its members from foreclosing on houses in the registry’s name, according to a Reuters report.

    The case of State of Delaware v. MERSCORP Inc. has been filed in the Wilmington division of the Delaware Chancery Court.

  17. Trespass Unwanted

    You speak of good thoughts. I veiw bankruptcy as a way to steal back what they the thieves stole in the first place. If you are upside down..It is best to strip off any thing unsecured. Securitization inflated student loans, inflated autos, inflated the home and enslaved the mankind…

  18. And I’m going to tell you something…………

    Let’s say here in Calif I won the 50 million dollar megaMillions lotto.

    Now, one could say cool, and pay off all his credit card debt, and if defaulted why pay off the debt collectors to make them go away. Hey, you got all the money.

    And if you are behind on your mortgage and underwater, why you pay it off too. and be done with it……………

    WELL. I tell you, I would not pay a single cent, not one god damn penny to these scum suck’in pigs……………..

    No sir,,,,,,,,,because I have so much money winning the lotto,,,,,,,,,,,,,why I would tell the debt collectors and so called pretender lender on my mortgage to fuk’in prove it……………….and I would fight it out in court………………

    So tell me,,,,,,,,,,,,why would I do that…………..?

    and any lawyers in the background……………why don’t you step up to the plate and do the right thing……………..you all could be hitting home runs………………

  19. “Many don’t know about the choice to ‘not play the game.’”

    THAT’s RIGHT. And that’s why I state stray away from the banks. You can borrow from friends and family for big purchases.

    When you just realize and discover thru your own research that every loan whether it be cars, homes, credit cards, Target Credit Cards, Walmart Credit Cards, Macy’s Credit Cards,,,,,,,,,,,,,,why they are all sold into securization trusts to be traded on the secondary market called Wall St and all of Congress is in on it and if someone in congress is not in on it, they are duped into thinking it is for the general good……………when in fact it is not but a trap………….to get everybody using plastic, electronic transactions, and not using cash………….

    mark my words………..and do your own research on google and connect the dots……………do not take my word for it,,,,,,,,,,,,find out for yourself………………

  20. BSE,
    I hear you on that. At least this has awaken many. We seem to be complacent when things are against others because in our mind, they deserve it. Then things come against us and we never see it as wearing the shoes on the other foot.

    What’s happening to us has happened to many and we sat by and let it happen because it wasn’t us.

    Everything in place ‘is our fault’. In some way by action or inaction we helped create it..and I agree, we need to fix it, even if by occupying the very seats we hand to others.

    But we’ve been schooled well. Out of sight, out of mind.
    If One doesn’t have enough money or clout or t.v. time to shift the masses to their agenda, then One needs to decide if they still want to participate in the process.

    there’s always choices.
    Many don’t know about the choice to ‘not play the game.’

  21. In my opinion, bankruptcy is a ‘gift horse’.
    To liquidate one’s inheritance from the Creator to an unknown, you don’t know what else ‘unknown’ is promised in the transaction.

    From a spiritual level, be careful when one asks Man to take away all One has just to keep a physical property One cannot take into the spirit realm.

    Maybe next lifetime you find out what you really gave up. Don’t believe me, well I guess you’ll know when you find out there is a next lifetime and you liquidated ‘everything’ given unto you by your Creator.

    Just an opinion, but please use discernment.

    Your signature is a powerful and valuable asset. You sign on the dotted line and may find out like Shrek the Third that there are unintended consequences without an escape clause.

    Light and Love,
    Trespass Unwanted, corporeal, life, jure divino – by divine right (not giving anything away in any bankruptcy)

  22. Trespass Unwanted

    Stealing a man’s property is literally stealing a part of his life, since the time, energy, and effort the man expended in earning the property is irretrievably gone and not the efforts of gods or men can return the life-diminishing labor he expended in acquiring the property (even if the same or similar property is subsequently bestowed upon the man). In the words of a Zen master, “An evil done can never be undone.”

    These are crimes allowed by the US Government. They could care less about the people who pay their way through life. It is time some of these Government officials are strip of their rights to life and the pursuit of happiness. “For the people and by the people”, Unfortunately not in this country. It is now time we OCCUPY the senate seats.

  23. I’m looking for an attorney in Pittsburgh PA who “gets it” and is reasonable in price.

    Thanks
    Debbi

  24. UsedKarguy,
    First consultation usually is free. Don’t give any money until you review the Retainer Agreement. Read it carefully before you sign it.

    Keep interview more lawyers until you find the One. I interviewed 22 lawyers before I found mine. I prepared a list of questions about popular foreclosure defense matters such as PSA, securization, robot signors, standings issues and recent case laws such as Ibanez, Glarum etc,

    Check out http://www.avvo.com, read the replies of the lawyers and call them.
    I found my lawyer on http://www.avvo.com.
    Keep trying. If you can’t find one before the appeal deadline, I think you can file Motion for Reconsideration and Vacate the Sale then set the hearing. I think it will stop the deadline clock. When you go to the hearing and they denies the Motion, then the clock will tick again for Appeal deadline.
    BK is another option which I see many people use. Here is a brief overview on BK. I am not sure if you can file Appeal after losing in
    BK federal court. You may want to ask the lawyer this question.

    http://www.scribd.com/doc/70583557/Sulaiman-Law-Group-Bankruptcy-Seminar-4-11-11

  25. Ann

    Thanks for the info. I’ve contacted Suliaman, paid his $150 fee to discuss the case, and he just suggested that I file for bankruptcy. Not disputing the fact that it was good advice. I’ve since called several times and sent e-mails but they have not responded back.

    Usedkarguy

    I’ve also contacted Edelman. Sent doc’s for his review. He declined to take the case. I did send an e-mail to Fish Law. Maybe they can help. Thanks for your help. I need all I can get.

    BSE

    Can’t agree with you more!

  26. Lu,
    I called a Foreclosure Defense Lawyer in Chicago and he sent me this e-mail 5 minutes after my call. Sounds interesting. You may want to see his website and call him. He gave Foreclosure Defense Seminar so I guess he knows Foreclosure Defense matter very well.

    Quote
    Good Afternoon,

    We hope this message finds you well, and we thank you for inquiring about our Law Firm. My name is Elvia Herrera, with Sulaiman Law Group, Ltd., personal assistant to Attorney Ahmad T. Sulaiman, recipient of the Super Lawyers: Illinois Rising Stars 2010, awarded to less than 2.5% of all Illinois Attorneys in 2010. To be honored by one’s Peers and Clients is the highest honor a Law Firm can earn, and we strive each day to deliver the highest order of service to our Clients.

    We look forward to the opportunity to working with you. Please review the attached document titled Sulaiman Mortgage Foreclosure Defense Litigation CLE. The attached document is a Legal Seminar that our Law Firm presents to other Attorneys for educational credit and to the Public. Please visit us at SulaimanLaw.com for more detailed information about Mortgage Foreclosure Defense Litigation and other related material. This is the time to arm yourself with as much information about this subject as possible. We invite and encourage you to benefit from the research our Law Firm has completed on the subject of Mortgage Foreclosure Defense Litigation at Sulaimanlaw.com, the attached Legal Seminar and the multiple articles and other publications we have made available at no charge to other Attorneys, Law Schools and to the Public.

    This is an important subject and most unfortunately it is seriously underserved by attorney, as you have probably realized by now, based on all the bankruptcy attorneys who have been contacting you. Bankruptcy can be a very powerful weapon if used effectively and strategically. Our firm will analyze your case and recommend the best course of action. If bankruptcy is the best option then we make sure to file a “strategic bankruptcy” that may save your home or potentially keep you in the home for as long as legally possible. We understand the importance of your home and will work very closely with you to achieve your goals. If you decide to have a consultation with our Law Firm, we respectfully request that you absolutely read the attached Legal Seminar to become informed and send our office a brief narrative of your current situation. Please take the time to research our Law Firm and our qualifications in this field of Law and again, we look forward to working with you and offering you any assistance that we can.

    Sincerely,

    Elvia Herrera, Paralegal

    Sulaiman Law Group, Ltd.

    900 Jorie Blvd, Ste 150

    Oak Brook, IL 60523

    Office :(630)575-8181

    Fax: (630)575-8188

    Email: elherrera@sulaimanlaw.com

  27. Here is a list of Foreclosure Defense lawyer in Chicago.
    http://www.google.com/#hl=en&sugexp=kjrmc&cp=31&gs_id=3e&xhr=t&q=chicago+foreclosure+defense+lawyer&pf=p&sclient=psy-ab&source=hp&pbx=1&oq=chicago+foreclosure+defense+law&aq=0v&aqi=g-v1&aql=f&gs_sm=&gs_upl=&bav=on.2,or.r_gc.r_pw.,cf.osb&fp=eaa01c5641b8aa67&biw=1280&bih=592
    Call each of them and ask questions. First interview should be free. Don’t decide to hire a lawyer at the interview. Note your impression and go home, do research, go to the Court house and check out cases he/she is defending before hiring. Don’t give all money upfront, negotiation a payment plan so in case you’re unhappy with a lawyer, you still have money left for the new one.

    After hiring a lawyer, follow closely your case , check the Court Docket frequently. Do your own reseach on your Bank i.e PSA etc, email all reseach you find to your lawyer. Request him to e-mail you all pleadings he received and his responsive pleadings to you. Make sure he e-mail you his pleadings before filing and he files them on time. Remind him by e-mail or phone one day before your case hearing sand ask if he wants you to go with him to the hearings. Lawyer respects clients who follows closely his own case. Remember, you have only one case to work on, the lawyer has many cases to take care of. If you want to win, keep close eyes on your case and what is happening in the foreclosure news. It helps.

  28. Must be a judicial state.
    The following is reproduced in accordance with Section 107 of title 17 of the Copyright Law of the United States relating to fair-use and is for the purposes of criticism, comment, news reporting, teaching, scholarship, and research.

    From Life, Law, and the UCC
    http://www.illuminati-news.com/life-law-and-the-ucc.htm

    Who can claim a greater right to someone’s property than the one who acquired ownership by expenditure of thought, effort, time, and energy? Stealing a man’s property is literally stealing a part of his life, since the time, energy, and effort the man expended in earning the property is irretrievably gone and not the efforts of gods or men can return the life-diminishing labor he expended in acquiring the property (even if the same or similar property is subsequently bestowed upon the man). In the words of a Zen master, “An evil done can never be undone.”

    I can’t put it better than that!

    Light and Love,
    Trespass Unwanted, corporeal, life, free, jure divino (by divine right), in jure proprio (in one’s own right)

  29. Lu,

    To find a good foreclosure defense lawyer, you can go to your county court house, ask the clerk to see foreclosure cases of Jan or Feb or older. Foreclosure cases are public info. Read those cases to find the attorney whose pleadings reflect his/her understanding of the foreclosure defense matters i.e mortgage assignments, securitized mgt,
    standings etc.
    If you want to file an appeal, go to Appeal Court and look at the files to search for prominent Appeal lawyers.

    Your lawyer can also file Motion for Reconsideration and Vacate Judgment at the lower court, reinstating the issues . Bring in a Court reporter to record the hearing . Appeal Court usually won’t hear your case without certified hearing transcript. With a good lawyer you may be able to have the Judgment vacated without going to Appeal.
    http://www.scribd.com/doc/53323479/Ds-Supplemental-Memorandum-of-Law-in-Support-of-Motion-for-Rehearing-Motion-to-Vacate-Final-Judgment-Emergency-Motion-to-Stop-Foreclosure-Sale-Motion
    http://www.scribd.com/doc/40412591/Fraud-on-the-Court-Emergency-Motion-to-Vacate-Judgment
    http://www.scribd.com/doc/40559197/Emergency-Motion-to-Stop-Foreclosure-Sale-Motion-for-Stay-Pending-Appeal

    Another option is to file Bankruptcy and fight the foreclosure in federal court.

    To get ideas for Appeal Briefs or other motions, check out this site
    http://www.scribd.com/my_document_collections

    It may help your new lawyer if you print out those Appeal Briefs or Motion for Reconsideration on the Scrib website and give them to him for his research so he does not have to write from the scratch (and bill you for his reseach hours). Hiring a foreclosure lawyer with litigation experience is a big help. It gives the bank’s lawyers the signal that you are serious, ready and able to go to trial. Not all lawyers are familiar with trial technques. Most Personal Injury lawyers are familiar with Pre trial preparation and Trial techniques/strategy. Some of them are now practicing Foreclosure Defense, bringing their extensive trial experience to defense Homeowner. If you need an elite foreclosure defense lawyer in South Florida, call Dillon Graham at 305-445-9185 for free consultation.

    Best wishes

  30. Fish Bridges is advertising heavy in Chicago for foreclosure defense. Also Edelman Combs. I’ve spoken with Mr. Edelman, Good attorney.

  31. US Bank…Nothing more than a bunch of evil bastards
    that must be jailed.

  32. The Deposition transcript of Michael Ackerman, a partner of the NJ law firm Zucker Ackerman & Goldberg. The law firm is the largest foreclosure firm in the state of New Jersey. In this matter, Mr. Ackerman executed an Assignment of Mortgage allegedly transferring ownership of the Mortgage from American Mortgage Express Corp. to his client, Wells Fargo. Mr. Ackerman’s law firm subsequently filed a foreclosure complaint a few days later.
    Mr. Ackerman was unable to produce proof of his authority to execute the Assignment of Mortgage.
    After litigating for several months, the homeowner won the right to take the deposition of Michale Ackerman. Shortly after the deposition, on the eave of a motion to dismiss, the Court entered an order dismissing the complaint on Plaintiff’s own application to withdraw.
    The Defendant is represented by Denbeaux & Denbeaux located in Bergen County, New Jersey

    http://www.scribd.com/doc/63261049/The-Deposition-of-Michael-Ackerman-Esq-of-The-NJ-Law-Firm-Zucker-Ackerman-and-Goldberg

  33. No signature needed by borrower nor notary for modifications thanks to Fannie

    eSignatures & other assisting technologies allow for use of true eSigned note with immediate MERS registration upon signing and delivery as a Category 1 MISMO-complaint SamrtDoc eNote to Fannie Mae eValut.

    ‘Servicer’ need not wait for full end-to-end solution that covers every base –

    DOES THIS MEAN ‘NO DOCUMENTATION’!

    INDUSTRY MOVING TOWARD USE OF

    MISMO-COMPLAINT eNOTES…

    NON-NOTARIED

    NON-RECORDED MODIFICATIONS

    ‘SERVICER’ WITH AN ACTIVE eSIGNATURE COMPONENT TO ITS SERVICING AND LOSS MITIGATION EFFORTS WILL BE MORE THAN READY TO REAP THE BENEFITS!

    http://www.lpsvcs.com/LPSCorporateInformation/ResourceCenter/ThoughtLeadership/Articles/Documents/LSI-150_Streamlining_Loan_Workouts_eSignatures.pdf

  34. Can anyone tell me what are Net Funded loans?
    Our refinanced loan is net funded by Taylor, Bean and Whitaker
    We just found out from the bankruptcy court ruling in TBW case

  35. HELP!

    Does anyone know of an attorney in the Chicagoland area that “gets it”? US Bank got a summary judgment and the sale was held. I filed an emergency motion to deny confirmation. The loan USB got the summary judgment for was taken out in 2003 with Integrity Finance as holder of the note and USB was immediately assigned the note at closing. During my search of paperwork I found documents (residential loan app, which shows the payoff off of the 2003 loan, commitment/approval letter, good faith estimate, interest rate lock-in, fee deposit acknowlegement, all documents are signed by myself and USB) and filed them with the emergency motion. Judge looked at the documents and ordered USB to respond within 14 days and I was given 7 to respond to their response. USB failed to file any response. Somehow I thought that if a party does not respond to a court order that they admit the evidence submitted. When I went to court USB said they have searched their files and they found nothing other than the papers I submitted. The judge asked me what shows that the 2003 loan was paid. I told him that the documents attached are the closing documents for the 2004 loan. I responded that it is a valid contract and if USB has failed to properly record the note and mortgage that it was their error/negligence. Judge didn’t care. Just signed off on the confirmation and gave me 60 days to vacate. I’m at my wits end. I’ve tried looking for an attorney that understands and will fight these bloodsuckers. I’ve got about 20 days to file an appeal. I also need someone to sue these evil SOB’s for all their worth. I am so tired of fighting but I know I just can’t let them get away with this. Thanks all!

  36. Couldn’t have happened to a nicer company. We have been in a six year ordeal where the bank actually forged our signatures to the deed, notarized and recorded it. They are fighting us for an equitable mortgage. Our mortgage was voided in 2007. For reporting a crime we have lost six years of our lives. We are joining in the fight with our blog http://www.mortgageforgery.webpress.com. Thank you for this excellent content.

  37. […] SUMMARY JUDGMENT REVERSED – US BANK HAS NO STANDING TO FORECLOSE – LOST NOTES « Livinglies&#821…. Rate this: Share this:TwitterFacebookLinkedInEmailPrintLike this:LikeBe the first to like this post. Leave a Comment […]

Leave a Reply

%d bloggers like this: