Deutsch Bank Trips and Falls: Default Notice Strictly Construed

For further information please call 954-495-9867 or 520-405-1688

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see http://www.dailybusinessreview.com/id=1202719610201/No-Default-Notice-Means-No-Foreclosure-4th-DCA-Rules?slreturn=20150206120242

Case dismissed. Deutsch sent the notice of default to a P.O. Box when they should have sent it to the property address. End of story?

Maybe not. This decision from the 4th DCA shows that at least this Court in Florida is starting to lean heavily away from the bank illusions and myths. You can’t produce self serving documentation and then say that it is presumptively correct because you say so. As it becomes more clear that the legal presumptions and factual assumptions are leading trial courts AWAY from the truth and into a fraudulent scheme created by the banks.

When I represented banks I would send the default letter Certified return receipt requested to show delivery or attempted delivery refused. In nearly all cases the banks are showing a copy of a letter they say was sent but they have no proof it was ever sent. In this case with Deutsch, even if they sent it, it clearly went to the wrong address.

Not long ago such an error would have been considered as immaterial. This time it was dispositive ending the case in favor of the homeowner. What happens next? We don’t know. But for now the homeowner is safely in their home and not subject to forfeiture. Does he owe money? Maybe. But not to Deutsch and not to anyone identified by Deutsch in their so-called chain of ownership.

14 Responses

  1. @ E. ToLLe

    My complete file has: separate pages of printed liabilities….I wrote them in the application, they were removed from the application and altered with a new page…changing all the numbers, income and assets, while they forgot when giving me the papers back to remove the old page in the application AND also made me a stated income borrower, to my surprise. The broker did in fact alter that information. It had to be done prior to underwriting approval !!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!

  2. That was not actually my point C h r i s t i n e
    Never mind

  3. E Tolle,
    Thanks for the report info.

    ————————————————————————————–
    My broker tried to get me to give more income than I made and I gave less income than I made.
    I knew banks created inflation that would rise higher than my earnings and I didn’t need more house than I could afford, it was a known fact the city would raise taxes, utilities would rise, gas prices would rise, food prices would rise, and I wanted to live outside my home and have something to spend, so I didn’t go for the biggest house I could afford.

    The broker was begging for other sources of income, a trust fund, a rich granny, some child support, potential raises the employer would give over 30 years.

    It was ridiculous all the begging to pump up the volume.

    I stayed firm and got what I could afford and it was still stolen from me. To add salt to a wound, it was upsetting to see PNC stole the home, Quicken Loans with their 1800 MERS phone number sold it to someone without warranty as to the title, and PNC the audacity to show a balance owed on the credit report.

    PNC employees, judge, fake trustee with defunct paperwork and lack of standing, owe me!

    Trespass Unwanted, Creator, Corporeal, Life, Free, Independent, State, In Jure Proprio, Jure Divino

  4. Deb…

    Magna Carta dates from… 1215. Why go back to something that hasn’t worked and has been so circumvented that it means nothing today, even in England?

    And why Magna Carta? Because the US have always been a colony of England?

    What about 10 lousy laws that covered it all, worldwide? Add that 11th one, 2000 years ago. What’s wrong with those? They do cover everything of importance… and if humanity had stuck to them, we wouldn’t be spending time blogging. We’d be having fun and a lot of it!

  5. Really really contemplate if there IS no due process , – rewrite the Magna carta?

  6. “Deutsche Bank can file a motion for rehearing. If the appeals court denies that motion, the case would return to the trial court for dismissal.”

    Read more: http://www.dailybusinessreview.com/id=1202719610201/No-Default-Notice-Means-No-Foreclosure-4th-DCA-Rules#ixzz3UD3h6sST

    I would wait to see what DB does before celebrating. No case is won until it can no longer be appealed. Which is why I didn’t put much stock on my bank dismissing FC (filed 2 years after I had attacked in fed court) shortly after my win: dismissed without prejudice doesn’t cut it. Banks can still assign/transfer/convey to JDB or other banks, who then may choose to pursue further, giving Hell a new meaning.

    Don’t count the chickens before they hatch. I just attacked again in fed court, just to preempt it. With a slew of new allegations still completely valid. Bank will cave on my terms or I will croak fighting it. No in-between. Question of principle.

  7. The banksters just can’t help themselves. They are committing fraud and theft anyway possible. http://www.reuters.com/article/2015/03/11/us-nomura-hldgs-trader-plea-idUSKBN0M72F820150311

  8. @ E tolle Everything you said is absolutely correct, aside that the mortgage brokers cannot commit fraud because they do not underwrite loans. That is why the government has never gone after the Brokers, the trail leads right back to the government’s master.

    Eric Holder showed the government’s cards a couple weeks ago by ordering all investigations or lawsuits against banks be filed with three weeks, before he officially exits.

    What he has openly refused to prosecute, and all the remaining tidbits will be swept neatly under the rug. Gotta clean the mess before he goes back to the law firm that advises banks.

  9. Trickle down economics? They were not talking about money….

  10. ET
    Thx for link

  11. Neil and all:
    This idea that a bank can file its initial Complaint and “declare” facts on paper, under oath to the validity of documents is clearly nothing but an unconstitutional violation of due process. This includes the procedures used in FLA, NJ and MD to name a few. When due process is violated see 28 USC 1983, et al.

    THERE IS NO presumption as a matter of evidence, that any of this type of permissible procedure in certain states will stand if the borrower CHALLENGES it by motions, etc. Attorney vouching may also be unethical especially when there is no factual FOUNDATION for their vouching about documents they never created, saw created, know the chain of custody of or were involved with as a custodian of records or person most knowledgeable. Every vouching attorney, or bank employee signing such affidavits should have their DEPOSITION noticed and taken….then when they fold under cross exam [homeowners can do this pro se with some litigation assistance], then, make your motion, e.g., for judgment on the pleadings or summary judgment against the lender! This was done in the BONY Mellon v. Janeece F case.
    Read about her victory over the big bank at our Blog tab at

    Consumer Rights Defenders, call us today for litigation support and a free consultation at 818.453.3585.

  12. Princeton University’s Woodrow Wilson School of Public and International Affairs just released a research paper that details the run-up in blatantly criminal acts by brokers that were a direct cause to the crash. More importantly from my POV, the paper states:

    “The researchers place the blame for falsified earnings listed on mortgage applications — which the researchers call “buyer income overstatement” — on brokers producing mortgages intended to be sold as securities.”

    I personally spent the better part of two years attempting to get my AG’s office to show even a glimmer of interest in going after the brokers who were wildly inflating mortgage applications, to no avail. They showed zero interest, even when I had conclusive evidence of serious fraud. Just in my own application, the broker, in an app taken over the phone, added a zero to my income. One little zero. That small change then described my annual salary as my monthly salary. And before you bank apologists go off on your pet theories describing how it was I that signed off on the application…..I never saw it until closing, and it was exceedingly difficult to see that it was, in fact, a monthly column instead of an annual column. The loan was approved without my involvement post phone-application. Done deal.

    This Princeton research paper explains exactly what happened….in an effort to create new fodder for securities, the brokers altered incomes in lower income areas routinely, not a little here and some there, but across the board. This is the perfect crime, as also across the board, this particular slice of the public is the most unrepresented group there is. Who’s going to sue? Who will even raise an eyebrow when things go south? Does anyone give a shit?

    What this particular research doesn’t tabulate is how the next stage of this perfectly planned heist occurred…. Inflated, illegal loans then bundled into securities that were absolutely 100% guaranteed to fail, with insurance that would kick in as soon as things went south. Next came (still comes) the loss of countless properties once owned by the unrepresented millions, all the while the government runs interference for the criminals by pretending to sanction the criminality, when it goes without saying that these acts are simply ludicrous Potemkin constructs. All show, with no ramifications.

    And then there’s the other headline of today:

    “The heart of the U.S. financial system got a seal of approval from the Federal Reserve Wednesday, prompting major U.S. banks to unleash a flood of dividend increases and more than $23 billion in stock buybacks on their shareholders.

    In the second phase of the Fed’s so-called stress tests, 29 out of 31 top lenders got the thumbs up to spend their cash on shareholders.”

    Oh…TWO BIG THUMBS UP! Take heart….the banking industry is doing really well, as are America’s politicians, thanks to your unwilling contributions to the banking class. Trickle up America.

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