Livinglies's Weblog

Here’s a case we’ve seen a thousand times. Plaintiff, U.S. Bank Trust, N.A. as Trustee for LSF9 Master Participation Trust, is substituted in during the litigation. Caliber as the servicer sends in its witness minion to parrot what he/she has been told.

But this time things went south very quickly for Caliber. Though the note, mortgage, assignment, and most everything else were stipulated to prior to trial, attorney Michelle Belmont attacked the validity of the LPOA to which the court rejected and dismissed the case involuntarily. The Court clearly recognized that the witness could not reach first base without the Court allowing the LPOA into the record. The best part however, is the judge telegraphs what he perceives was the fatal strategy to bring in a witness from Caliber, when the Plaintiff became “U.S. Bank Trust, N.A.” He says, “Where’s the witness from U.S. Bank?” As everyone knows well, U.S. Bank Trust, N.A., or U.S. Bank, N.A. as Trustee knows nothing!

This is a roadmap that should be used in every single case!