Foreclosure volume has declined but that doesn’t reduce the number of cases that are deficient and even fraudulent.
As more senior Judges have more time to review the evidence, the legal presumptions sought by foreclosure mills and come to conclusions about the facts, they are increasingly suspicious about the claimant, the claim and the failure of proof of real facts.
Kudos again to trial lawyer Patrick Giunta, Esq. with offices in Ft. Lauderdale, Florida. Trial was held on October 7, 2019. This is the third time we have covered a win by Giunta.
Final Judgment for Defendant Case #50-2017-CA-012236, 10/8/19
Circuit Court West Palm Beach, Florida
ORDERED AND ADJUDGED AS FOLLOWS:
- Plaintiff failed to prove it had standing to enforce the note.
- On Count I, Mortgage Foreclosure, and Count II Re-establishment of Lost Note, Plaintiff US Bank as Trustee for the LSF9 Master Participation Trust take nothing by this action and the Defendants …. shall go hence without day.
Game set and match. The Judge here obviously sought to prevent the foreclosure mill from bringing another action.
Some judges upon finding that standing was lacking follow precedent and dismiss without prejudice enabling the foreclosure mill to try again. But more judges are taking great pains to examine the evidence and are coming to the legal conclusion that the Plaintiff’s proof failed.
Upon a factual finding of failure to prove a prima facie case, the court then enters Final Judgment, which for all purposes between that claimant and that borrower is a final determination on the merits. Any future attempts to foreclose by US Bank or the LSF9 Master Participation Trust are barred by res judicata, collateral estoppel and the Rooker Feldman Doctrine if it applies.
If any attempt is made to bring another foreclosure action in the name of another entity, trust, LLC or corporation, they would also likely be barred without pleading and proving real facts that show that the Plaintiff is the owner of the debt and paid value for it and the previous parties had executed assignments and other documents without any right, justification or excuse and without notice to the new claimant. That isn’t going to happen.
Giunta doesn’t take a lot of these cases but when he is engaged he tends to win. He understands securitization and relates it back to the failure to prove a prima facie case. He avoids trying to prove or even accepting the burden of proving who actually paid value for the debt, if anyone.
He employed Bill Paatalo in this case whose testimony underscored the deficiencies in the allegations, the documents, and the proof. Paatalo appeared as an expert fact witness.
Filed under: burden of persuasion, burden of pleading, BURDEN OF PROOF, foreclosure, foreclosure defenses, forensic investigation, legal standing, Pleading, prima facie case, sham transactions, standing | Tagged: investigator bill paatalo, Patrick Giunta |
So where is the actual decision that we can read for ourselves?
So awesome!
Statute of Limitations to file a foreclosure is 5 years in Florida. If you prove lack of standing, and 5 years have passed, can anyone else then sue for foreclosure?
The only response I can muster…every time I have been in court the judge “ignores” the paper trail….actual evidence. They claim I am not properly before the court. Okay, your honor, then what are they doing before the court? No proper receipt for payment-injury caused, no legal assignment, no title transfer, no possession, no retainer agreement, no proof of loan funding, etc…, what is going on here, your honor? I could go on, but there is no point. Someone on here said recently, “the judges are not corrupted”…I have to say respectfully (chocking on that), I disagree. Or they are completely incompetent.
Anyone know the answer to this question above?
Always good to hear news of this sort.
A question I have often pondered though.
How is it that the fraud on the court and homeowner by the bank/attorneys get a free pass for their fraud?
Where is the justice in that?
Failure to prosecute the fraudsters just gives them a pass to do so again. NO CONSEQUENCES….
SURPRISE!!! American Government would never even think about it!
New IMF chief Georgieva warns of ‘synchronized slowdown’ in global growth
“Our new analysis shows that if a major downturn occurs, corporate debt at risk of default would rise to $19 trillion, or nearly 40 percent of the total debt in eight major economies,” she said. “This is above the levels seen during the financial crisis.”
https://www.reuters.com/article/us-imf-georgieva/new-imf-chief-georgieva-warns-of-synchronized-slowdown-in-global-growth-idUSKBN1WN1MN
Poppy — you are right again. Here is the situation for many:. CFPB notices the Ocwen “data” is a mess for “loans” serviced (I like to call them transactions as they were never real loans), and they are angry and file a lawsuit and they think it is the data input “system” that caused the problems.
NOOO- It was not the “system.” It IS what was really inputted – garbage. It does not just apply just to Ocwen — but Ocwen was BIG. .
Now, did the government KNOW that the whole scheme was a scam when they bailed out and invented the fictitious HAMP program? Of course they did. And now CFPB wants to know why records are a mess? Ask the government.
All attorneys should be as good as this one here — BUT the LSF9 Trust is bogus. No registration as a valid trust — that means — incorporation is needed. Nope – there is none.
Neil is correct – foreclosures have declined because people are tired of losing. However, no one should give up. The truth must be told — one way or another.
Thanks.
Can’t say this enough…the “alleged” servicer is pulling all the strings. They create a paper default, assign as a POA or attorney in fact and never pay a dime for the note. They never present an original note. The courts are starting to get this, but not quick enough. The note says anyone in possession “AND” ENTITLED to enforce….they, the lawyers are twisting this language. Entitled is the key element…standing, possession, rights…must be acquired legally and properly. Anything in contravention to the trust is “void”…and everything these alleged services are doing is in contravention to the trust, particularly if they hold certificates.
Congrats to Mr. Giunta…