Posted on 06/15/2010 11:33:37 AM PDT by Chunga85
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Foreclosure case dismissed after judge finds he’s been misled by alleged lender by Kim Miller
A foreclosure case against a St. Johns County couple was dismissed last week following confusion and possible deliberate “fraud upon the court” concerning the actual owner of the promissory note.
Foreclosurehamlet.org highlighted the case on its Web site and it appears to follow a judicial trend where judges are paying closer attention to who actually owns the note and whether the entity even has a right to foreclose.
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"According to the June 10 ruling in St. Johns, the plaintiff originally said the note was lost, then claimed the note was found, then claimed it owned the note by virtue of an assignment. But a foreclosure action cannot be based on an assignment that didn’t even exist at the time the initial foreclosure was filed in February 2009.
The lender then claimed it was the servicer of the loan and that Wells Fargo owned the note, but a stamp on the amended documentation was from the First National Bank of Nevada, which closed in 2008 and therefore couldn’t have been added after the 2009 filing.
It’s all very confusing, but in the end, Circuit Court Judge Michael Traynor says the court “has been misled by the plaintiff from the beginning.”
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(Excerpt) Read more at blogs.palmbeachpost.com ...
Flame Suit buttoned up tight...check!
Wells Fargo...First National...IN YOUR FACE YOU SHAMELESS WEASELS!
In my haste I forgot to provide a link to the tiny little website...whose membership consists solely of volunteers.
http://www.foreclosurehamlet.org/
Bookmark.
So, do they “win” a free house?
You’re funny! You don’t understand do you?
It was the “Lender”, whomever that turns out to be, that did NOT “win a free house”.
Chances are very good the “Lender”, whomever that turns out to be, was made whole already courtesy of Ambac, AIG, and the American taxpayer.
Chances are also very good that the “Lender” never put up a dime for the collateral.
For those in Rio Linda..
http://www.youtube.com/watch?v=nZ6lPaiKmwg
Ok, I'll grant you that. Now, can you answer me: "Did they "win" a free house?
The alternative would be that whoever made the "lender" whole (AIG, taxpayer, etc.) will get the house.
So, do the people living in the house have to pay whoever is the legit mortgage holder back the money that was loaned on the house, or do they get to keep it without ever paying for it?
I don’t feel like searching/reading the court docs. Usually the borrower is still expected to pay whatever the contract says. In this case the servicer cannot foreclose since they do not own the house. If there is an actual owner and they’re motivated to do so, they can foreclose.
Thx. That makes sense.
“Now, can you answer me: “Did they “win” a free house?”
Whatever you want to call it is fine with me.
This matter was heard in court, by a judge, and here is what he found:
“It’s all very confusing, but in the end, Circuit Court Judge Michael Traynor says the court “has been misled by the plaintiff from the beginning.”
FL Supreme Court Ruling 110(b) no longer allows documents like the one below to be admissible in court - Under Penalty of Perjury.
http://www.scribd.com/doc/32979257/Cheryl-Samons-David-J-Stern
Another note for those in Rio Linda...this Assignment of Mortgage was filed in a clerk of court. It is Notarized, Witnessed, yet Unsigned. That would be a third degree felony my friends.
If everything is on the up-and-up why the need to mislead?
As far as any deficiency judgments that could hypothetically be droned about... I say stuff it in your TARP fund.
http://www.foreclosurehamlet.org
— for reference —
If you think these “Lender” are screwing the homeowners...one can only imagine what they are doing amongst themselves!
Awful quiet in here...
Yesterday I posted this notarized, witnessed, yet unsigned Assignment of Mortgage, recorded in the clerk of court, and executed by the David J. Stern Law Firm in a foreclosure action:
http://www.scribd.com/doc/32979257/Cheryl-Samons-David-J-Stern
Fast Forward to today:
What do have we here ladies and gentlemen? This Press Release is dated June 01, 2010 but was recently discovered and pollinated by: http://www.4closurefraud.org /
The full story can be read below:
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“I bet this investor group would LOVE to hear about the Foreclosure Frauds perpetrated by this organization…
Kick Em While They’re Down
Just like they do to the homeowners that they are fraudulently foreclosing on…
PRLog (Press Release) – Jun 01, 2010 – An investigation on behalf of investors in DJSP Enterprises, Inc (NASDAQ :DJSP) securities over possible violations of Federal Securities Laws by DJSP Enterprises was announced.
If you are an investor in DJSP Enterprises, Inc (NASDAQ :DJSP) securities, you have certain options and you should contact the Shareholders Foundation, Inc by email at mail@shareholdersfoundation.com or call +1 (858) 779 – 1554.”
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All of our eyes can not be covered.
http://www.foreclosurehamlet.org
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