Livinglies's Weblog

Foreclosure litigation is actually quite simple. But lawyers from foreclosure mills are attempting to make  it complex. If you let them you will lose. If you confront them it is likely you will win.

the assignment made by Arthur M. Bressler to A. H. Kleiser was made
without consideration from the assignee and that Kleiser did not take
or claim to take any title to the mortgage or note, but that he
understood that as a matter of accommodation he was taking the title
as trustee for Mary A. Bressler. (e.s.)

Smith v. Kleiser, 91 Fla. 84, 87 (Fla. 1926)

But —- you can’t simply say this is the case, you must show it to be
the case. So you might need to try to issue subpoenas for documents
and even deposition testimony in order to establish that either (1)
there was no consideration paid and therefore no interest in mortgage
was conveyed or (2) they refuse to answer the question  thus raising
the inference that no consideration was paid.

Be careful with Streicher case., The court ruled for US Bank on
procedural grounds. BUT the Federal Judge did correctly state elements
that are critically important to your position:

The Court: Here we have a case where the evidence being presented is
by a party not even named in the pleading.

” Streicher v. U.S. Bank Nat’l Ass’n, CASE NO.:14-cv-80265-KAM, at *3
(S.D. Fla. Mar. 14, 2016)

When filing a complaint, it is important for
the party with the interest in the outcome to have the case filed in
its own name rather than in someone else’s. Wells Fargo Bank, N.A.
(“Wells Fargo”), the mortgage servicer for U.S. Bank, learned this the
hard way when it initiated a state-court foreclosure action against
the Streichers not “as agent for” nor “as servicer for” but simply as
U.S. Bank.

Streicher v. U.S. Bank Nat’l Ass’n, CASE NO.:14-cv-80265-KAM, at *1
(S.D. Fla. Mar. 14, 2016)

no one questioned where U.S. Bank was or why a lawyer for a non-party was conducting the plaintiff’s case-in-chief. In any event, the
witness explained that Wells Fargo serviced the loan. (Trial Tr.
7-24.) At one point, during the Streichers’ counsel’s voire dire of
the Wells Fargo employee, the employee explained that “[w]e’re the
servicer for U.S. Bank” and “[t]hat’s who we’re foreclosing in the
name of.” (Trial Tr. 12:22-24, 15:24-16:3.) She also stated that she
was not an employee of U.S. Bank.

Streicher v. U.S. Bank Nat’l Ass’n, CASE NO.:14-cv-80265-KAM, at *3
(S.D. Fla. Mar. 14, 2016)

“During argument on the motion, the issues of Wells Fargo’s absence
from the complaint and U.S. Bank’s absence from trial finally became
crystalized:” Streicher v. U.S. Bank Nat’l Ass’n, CASE
NO.:14-cv-80265-KAM, at *3 (S.D. Fla. Mar. 14, 2016)

The Court: Here we have a case where the evidence being presented is by a party not even named in the pleading.

” Streicher v. U.S. Bank Nat’l Ass’n, CASE NO.:14-cv-80265-KAM, at *3 (S.D. Fla. Mar. 14, 2016)

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Filed under: foreclosure |