Cases Dismissed for Lack of Standing of Mortgage servicer or Third Party

cases-dismissed-for-lack-of-standing-1

AmericanBrokersConduitvZAMALLOAJudgeSCHACK11Sep2007
AmericanBrokersConduitvZAMALLOAJudgeSCHACK28Jan2008
AuroraLoanServicesvMACPHERSONJudgeFARNETI11Mar2008
BankofNYNAvSINGHJudgeKURTZ14Dec2007
BankofNYNAvTORRESJudgeCOSTELLO11Mar2008
BankofNYNAvOROSCOJudgeSCHACK19Nov2007
CitiMortgageInc.vBROWNJudgeFARNETI13Mar2008
CountrywideMortgagevBERLIUKJudgeCOSTELLO13Mar2008
DeutscheBankv.Barnes-JudgmentEntry
DeutscheBankv.Barnes-WithdrawalofObjectionsandMTD
DeutscheBankvALEMANYJudgeCOSTELLO07Jan2008
DeutscheBankvBenjaminCRUZJudgeKURTZ21May2008
DeutscheBankvYobannaCRUZJudgeKURTZ21May2008
DeutscheBankvCABAROYJudgeCOSTELLO02Apr2008
heBankvCASTELLANOS2007NYSlipOp50978UJudgeSCHACK11May2007
heBankvCASTELLANOS2008NYSlipOp50033UJudgeSCHACK14Jan2008
DeutscheBankvCLOUDEN2007NYSlipOp51767UJudgeSCHACK18Sep2007
DeutscheBankvEZAGUIJudgeSCHACK21Dec2007
DeutscheBankvGRANTJudgeSCHACK25Apr2008
DeutscheBankvHARRISJudgeSCHACK05Feb2008
DeutscheBankv.LaCrosse,Cede,DTCComplaint
DeutscheBankvNICHOLLSJudgeKURTZ21May2008
DeutscheBankvRYANJudgeKURTZ29Jan2008
DeutscheBankvSAMPSONJudgeKURTZ16Jan2008
GMACMortgageLLCvMATTHEWSJudgeKURTZ10Jan2008
GMACMortgageLLCvSERAFINEJudgeCOSTELLO08Jan2008
HSBCBankUSANAvCIPRIANIJudgeCOSTELLO08Jan2008
HSBCBankUSANAvJACKJudgeCOSTELLO02Apr2008
IndyMacBankFSBvRODNEY-ROSSJudgeKURTZ15Jan2008
LaSalleBankNAvCHARLEUSJudgeKURTZ03Jan2008
LaSalleBankNAvSMALLSJudgeKURTZ03Jan2008
PHHMortgageCorpvBARBERJudgeKURTZ15Jan2008
PropertyAssetManagementvHUAYTA05Dec2007
Rivera, In Re
ServicesLLCvSATTAR2007NYSlipOp51895UJudgeSCHACK09Oct2007
USBankNAvAUGUSTEJudgeKURTZ27Nov2007
USBankNAvGRANTJudgeKURTZ14Dec2007
USBankNAvROUNDTREEJudgeBURKE11Oct2007
USBankNAvVILLARUELJudgeKURTZ01Feb2008
WellsFargoBankNAvHAMPTONJudgeKURTZ03Jan2008
Wells Fargo,Litton Loan v. Farmer WITH PREJUDICE Judge Schack June2008
Wells Fargo v. Reyes WITH PREJUDICE,Fraud on Court & Sanctions Judge Schack June2008
Deutsche Bank v. Peabody Judge Nolan (Regulation Z)

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21 Responses

  1. Us bank / Downey / country wide , mers loan 7 yrs paying , our rages pymts , 9counts of fraud on forensic audit , been screwed out of a mod .. In Forbarence till June 2013, husband laid off , what happens then ??

  2. HELP, I believe the assignment of my mortgage from MERS to Residential Funding has been forged. I have found a variety of signatures for “Matt Favorite” , VP of MERS and coincidentally also the preparer of said mortgage assignment, showing that he is really with Residential Funding who foreclosed on me.

    Please help me. I can’t seem to find an attorney in michigan.

  3. since, my last post, the attorney representing the financial thugs who currently have me bent over a fraudulent foreclosure case, has been found in contempt of federal court, sept 17th 2008, and this very same florida bar certified attorney committed (5) five counts of perjury,under oath and on the witness stand in federal court. oh yeah, he was found by the judge of willfully violating the court’s automatice stay. then he lied to the courts as to his involvement in recording the unnotarized, unsigned mortgage instrument. stay tune.

  4. Gordon and Simmons, LLC
    603B W. Patrick Street
    Frederick, Maryland 21701

    301-662-9122
    301-698-0392 fax

    Mr. Brian Maul handled the case.

  5. Seidu – can you disclosure the name of the lawyer in Maryland? I’m also in Maryland. I was able to get a foreclosure on a 2nd mortgage dismissed on my own. Need help with the first.
    Thanks
    jacobson.beth@yahoo.com

  6. I’M IN FRUADCLOSURE, NOT FORECLOSURE ,MY MORTGAGE COMPANY TOOK 119 K FROM ME TO STOP THEIR BOGUS FORECLOSURE ACTION, WHEN I ONLY OWED 42K THEN FOUR MONTHS LATER PROCEEDED WITH THEIR BOGUS FORECLOSURE ACTION,I WAS FORCED TO FILE CHAPTER 13 BANKRUPTCY TO STOP THE SALE OF MY PROPERTY,AND THE NOTE MY MORTGAGE COMPANY HAD BASED IT’S DEFAULT CLAIM UPON, IS UNSIGNED, I DID NOT SIGN THE NOTE,NOR WAS MY SIGNITURE NOTORIZED ON THE MORTGAGE,THEN DURING BANKRUPTCY PROCEEDING THE UNSIGNED NOTE AND THE UN-NOTARIZED MORTGAGE WAS SUBMITTED BY MOVANT ATTORNEY AS THEIR PROOF OF CLAIM,OH YAH. MY MORTGAGE COMPANY DID NOT RECORD THE MORTGAGE,IT WAS ONLY 950,000,00 FOR NEARLY THREE YEARS .IN FLORIDA BEFORE A MORTGAGE FORECLOSURE ACTION CAN BE LEGALLY BROUGHT AGAINST ANY ONE, THE STATE TAXES MUST FIRST BE PAID,AND THE RECORDING DOCK STAMPS MUST BE PAID NEITHER OF THESE POST FORECLOSUER REQUIREMENT WERE MET, BUT YET THE STATE COURT GAVE MY MORTGAGE COMPANY SUMMARY JUDGEMENT ,BUT NOT TO WORRY, THANK GOD I DID LOCATE A LAWYER WHO GOT THE JUDGEMENT VACATED AS A RESULT OF NON-PAYMENT OF THOSE RECORDING TAXES.NOW THE MORTGAGE COMPANY IS IN A PICKLE,THE STATE COURT ABATED OUR MOTION TO DISMISS THE FORECLOSURE ACTION,AND GIVE THE MORTG, COMPANY 21 DAYS TO RECORD IT’S MORTGAGE,BUT NO CAN DO, IN ORDER FOR THAT TO OCCURE THE FEDERAL BANKRUPTCY COURT MUST LIFT THE AUTOMATIC STAY,WHICH STOP THE ORIGINAL SALE OF THE PROPERTY,”REMEMBER” THE FEDERAL COURT REJECTED COUNSEL FOR THE MORTGAGE MOTION FOR STAY RELIEF, BUT HOLD ON IT GET’S SLIMMY WOULD YOU BELIEVE MY MORTGAGE CO. RECORDED THIER UNSINGED NOTE AND MORTGAGE IN WILLFULL VIOLATION OF THE COURTS STANDING STAY… I IMMEDATELY FILED A MOTION WITH COURTS ADVISING OF THE WILLFUL STAY VIOLATION,AND THE HONORABLE JUSTICE ORDERED THAT THE RECORDING OF THE 950.000.00 BE VOIDED IMMEDATELY. AND IT WAS, BUT ASIDE FROM THAT HOW DID MY MORTGAGE COMPANY MANAGED TO GET A MORTGAGE DOCUMENT NOTATIZED 2 1/2 YEARS AFTER THE MORTGAGE WAS ILLEGALLY RECORED AND I WAS’NT PRESENT WHEN THE NOTARY NOTARIZED THE DOCUMENT,IN MY NAME.I CAN’T FOR THE LOVE OF GOD LOCATE A ATTORNEY IN FLORIDA THAT IS WILLING TO TAKE ON MY CASE AGAINST THESE RICH THUGS ‘ COULD’NT FINE A BANKRUPTCY LAWYER EITHER OS THE JUDGE FORCED ME THE PROCEED IN THE BANKRUPTCY PRO-SE , HELL YES I WAS TERIFIED, NEVER PRACTICE LAW OR DID KNOW THE FIRST THING ABOUT PLAEDING,MOTIONS ,FORMS TRUSTEES,BUT THANK GOD FOR THE INTERNET I LEARN..AND I GOT THOSE FAT CAT PROOF OF CLAIM KICKED OUT OF MY BANKRUPTCY PROCEEDING BACK TO STATE COURT FOR VALIDATION, NEED HELP,THERE ARE SO MANY THINGS WRONG WITH THIS FRUADCLOSURE IT’S REALLY FUNNY,BUT AT THE SAME TIME IT’S SERIOUS,IN STATE COURT IT’S THE SAME JUGDE WHO SING THE FORECLOSURE SUMMARY JUGDEMENT AND THE STATE TAXES HAD’NT BEEN PAID WHAT ELSE WOULD SHE OVER LOOK IN FAVOR OF THESE LEND TO TAKE PREDITORS.. PLEASE HELP I’M A LAY PERSON I CAN ONLY READ SO MUCH IT TAKES A REAL LAWYER TO PRODUCE THE REQIURED DEFENCES NEEDED IN CLOSING THE BOOK IN A WORLD HIT BY A WAIVE OF FORECLOSURES///I MEAN FRUADCLOSURES. THANKS

  7. WHERE ARE THE NY LAWYERS. MY GOODNESS I DON’T STAND A CHANCE. I WILL BE EVICTED ON OR ABOUT DECEMBER 31, 2008. I PUT A MOTION IN COURT BUT THE COURT DATE IS NOT UNTIL NEXT WEEK. I AM ASKING THE JUDGE TO VACATE THE THE FORECLOSURE JUDGMENT BASED ON FAULTY ASSIGNMENTS AND A LACK THERE OF. NO HELP FROM ANY LAWYER. I WILL KEEP EVERYONE POSTED

  8. WHERE ARE THE NY LAWYERS. MY GOODNESS I DON’T STAND A CHANCE. I WILL BE EVICTED ON OR ABOUT DECEMBER 31, 2008. I PUT A MOTION IN COURT BUT THE COURT DATE IS NOT UNTIL NEXT WEEK. I AM ASKING THE JUDGE TO VACATE THE THE FORECLOSURE JUDGMENT BASED ON FAULTY ASSIGNMENTS AND A LACK THERE OF. NO HELP FROM ANY LAWYER. I WILL KEEP EVERY

  9. WHERE ARE THE NY LAWYERS. MY GOODNESS I DON’T STAND A CHANCE. I WILL BE EVICTED ON OR ABOUT DECEMBER 31, 2008. I PUT A MOTION IN COURT BUT THE COURT DATE IS NOT UNTIL NEXT WEEK. I AM ASKING THE JUDGE TO VACATE THE THE FORECLOSURE JUDGMENT BASED ON FAULTY ASSIGNMENTS AND A LACK THERE OF. NO HELP FROM ANY LAWYER. I WILL KEEP EVERYONE POSTED.

  10. Can anyone tell me where to download forms to request that the foreclosure party produce the note? Thanks
    dturtledove@aol.com

  11. I helped my client get her foreclosure with Bear Stearns canceled. Her and I kept sending request for copies of the file. The lawyer for Bear Stearns thought she was going to be cute and filed a motion to strike me from the case because I was “an uninvolved third party”. The judge laughed at her and told her to give me and the client what we asked for. Ten minutes later the foreclosure was canceled.

  12. does anyone have a case name or info about the lady in tennessee that was forclosed on her note once, than again later by the real holder of the note?

  13. Does anyone know how to find these cases? I have looked on Westlaw and can’t see to find them.

    Has anyone gotten copies of these cases?

  14. This is a great site with loads of information,but i haven’t found much for my state of kentucky.
    Haven’t gotten any response from anyone as to what my options are or could be,with my situation i’m in.I posted in the FAQ and another post the i had posted there.Maybe get some answers before long.Good luck to all that is in trouble
    jabrina@setel.com
    Eddie

  15. Hi Neil,

    Need urgent answer…I have a HELOC loan in default. The Lender (Irwin) was awarded summary judgment a year ago (before I realized) what was going on) and is now hauling me into court to collect. I’m planning on filing a 60(b)(5) motion pro se to contest their fraudulent claim to the court that they had legal standing since I was pretty sure the loan was sold. However in reseaching their SEC filings, I noticed that starting in 2002, the no longer “sold” loans from an accounting standpoint, but instead now pledged them as collateral to borrow against them. Does that change anything regarding my contention that they are no longer the injured party? It seems to me that the person(s) to whom the collateral was pledged would still have a claim against me even if I paid them, right? Additionally, the lender has probably already been paid through a credit default swap, right?

    Please help asap…my court date is Friday 11/7.

    Thanks!

  16. CJ-
    If you didn’t get help, this may be worth a try, and I am NOT a lawyer, just another person using legal issues to delay, and hopefully overturn, our own foreclosure…

    BTW, I attended the “sale” on the county office steps for the day my home was set to sell, just recently, although I had already successfully bought time with a delay tactic and had the date pushed back…just because I was curious, and wanted to see the kind of people who attended the auctions looking for “deals”, as well as see if anyone was there specifically hoping to snag MY home….anyways…

    Here is my idea. First, get up EARLY and fax a demand to any all fax numbers you have for the lender, the trustee company, mortgage servicer, any legal vendor handling the noticing that you have received, or the final “notice of trustee sale” you got 3+ weeks ago.

    In your fax, besides noting your address, loan #, name, contact info, etc. and “URGENT-TRUSTEE SALE DATE TODAY AT xxx A.M (or P.M.), say something like “I immediately request (insist? your call) a suspension of the foreclosure proceedings, especially the trustee sale scheduled for later today at xx a.m., due to (choose something to this effect, per your comfort level with the wording) apparent inconsistencies between the legal notices I have received regarding this default, foreclosure and trustee sale and my original loan documents I signed.

    I am extremely serious about my options to pursue legal recourse against any entity, company, loan investor, 3rd party vendor or other related party who participates in finalizing this foreclosure at today’s trustee sale, or afterwards.

    Please notify me immediately that you are in receipt of this notice.”

    Now, not being a lawyer, i am loathe to say what will work, BUT, anything to save your home is something you may be into, right? So here is what I am guessing will happen IF you can get that fax into the hands of someone smart enough to know about this new wrinkle in foreclosure lawsuits IN TIME tomorrow:

    They hopefully will notify the person handling the sale (the one with the clipboard, there to see if there are any buyers, otherwise they report back into each lender on which properties had new buyers, and which the lenders have to “buy back” themselves) that your property sale has been cancelled for that day by beneficiary request.

    If not, or you didn’t get your fax to anyone on time (or phone call to any/all phone numbers on your Notice of Trustee Sale-because those generally go TO the company/vendor who has the power to STOP the sale minutes before it occurs), bring a copy of the fax TO THE SALE LOCATION. FIND the person with the clipboard before they start announcing the homes for sale tomorrow, or at least TELL them when they ask if there are any buyers present for YOUR address that you have a legal issue that might affect the ability to sell it to ANYONE (a new buyer, or reverting back to the lender if no buyer). Ask for 30 seconds of their time privately if possible, and without giving them any sob story, give them the copy of the fax, TELL them you already faxed it off to the lender, trustee, servicer, etc. and that the property may be a legal hot potato, for ALL parties (inferring THEM TOO) if the sale proceeds tomorrow…and that maybe they may want to handle it in a fashion that is conservative regarding what the status may be for LEGALLY continuing with the sale tomorrow.

    They may be savvy enough to not want to deal with it, offer it to any new buyer (probably very unlikely anyone will buy your house tomorrow EXCEPT the lender “buying” it back themselves after no buyer shows), or report back to your lender after they get back to their office anything other than, “um, you guys (to your lender) get a fax regarding a legal thing on this address? Because the homeowner showed up and gave me a copy of the fax, and I am pretty uncomfortable with how I fit in here…so….instead of this property reverting to you, maybe you need to look into this before taking it back, and make sure someone in your legal department is seeing this fax?”.

    Now, as far as I can tell, assuming there is no NEW buyer tomorrow for your home, the “crier” or “cryer” (as in town crier from the olden days) handling the sales tomorrow just returns news to the lenders holding the notes on tomorrow’s list of addresses as to which properties had no buyers, i.e. which properties were cleared for the lenders to take back, which ends your foreclosure and ownership. That must happen AFTER the crier reports to them, in some sort of document process that I assume can’t just magically occur instantaneously on the “courthouse steps” or whatever location your Sale Notice states…

    This means you can possibly STOP tomorrow’s sale, even if you see no proof of your success or hear from anyone before the end of the business day. Perhaps the crier will be kind enough to talk to you AFTER their business is done and they have concluded the rest of the list and everyone has dispersed. They may tell you enough to confirm that it isn’t THEM that does any paperwork to conclude the foreclosure “repossession”, if my assumptions are correct.

    Be SUPER respectful of them, their job, and their knowledge. Don’t get in their face in any negative, threatening or pathetic (pleading, crying) kind of way. Just get that seed of doubt in them, that they are part of a process that may be going legally awry, since I doubt they want to touch any unusual situation, and I don’t even think THEY personally “sell” the home back to the lender either.

    If you luck out, you will get an extension on the sale date, and have time to regroup. What I DON’T know is how much to emphasize to the lender (or any party on their side of the foreclosure proceedings) how far you may be considering going legally, or how MUCH you know about possible legal defenses to delay or overturn the foreclosure. In other words, if you tell them too much, and they figure out what your possible plans are, what if that gives them time to go FIND the original note??? There goes the surprise factor of one of your angles if you take it to court, hoping to overturn the entire thing per the encouraging info from this site.

    I am extremely interested in hearing what happens tomorrow, and hope you are reading this in time. Again, PLEASE consider my ideas as well-intentioned and NOT proven, NOT coming from a lawyer and NOT coming from someone who has successfully concluded my own case! I felt I had to respond when I saw your sale date, that’s all! I delayed my own date by different means, focusing on other improprieties in the process that I pointed out to the lender, although it was only a few days before the auction date as well.

    Good luck, and if you get your delay, read every link to other good sites, including some of my faves:
    The Home Equity Theft Report,
    Homeownership Preservation Foundation, and San Diego Predatory Lending, and even the ABA, who is reporting the “true sale” (who really has the Note) legal defense as REAL and worthy, legally sound, etc. in their attorney forums and news!

    Sorry this was sooooo long…

    Signing off from Central CA! FYI, I am not putting my email address out there at the moment, due to being in the hairy phase with my lender on negotiations, so I will check this forum again to see how you did, if you care to share news!

  17. If you are in need of a lawyer in Washington DC practicing foreclosure defense, I would be glad to assist.

    jtaylor@rismllc.com
    http://www.rismllc.com

  18. I have found a very enthusiatic and reasonable attorney in maryland. I have been on this search for a while because of my situation. His fees are within reason and I believe he is well aware of Mr Garfield mission because during our conversation he was amazed at my knowledge on how to mount a defence of my case. That’s when I mentioned that livinglies has been part of my life the past three months.His practice is now almost dedicated to this cause and I hope his firm would be able to handle the businees that would be coming his way. I am holding on to his identity for now until he gives me the greenlight to disclose .

  19. I need help locating a lawyer in the Bay Area,
    East Bay. Please Help!!! Sale will be on Friday 31th.

  20. We need help in locating a lawyer in maryland.Please help !

  21. I’d love to keep adding to this list !!

    Steve
    San Diego, Calif.
    99Libra@gmail.com

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