Deutsche National Trust Company Dies in NY!

 

Very promising development in a recent judicial foreclosure case out of New York State. A principal issue in the case was whether the foreclosing party (mortgagee, the typical designate in a judicial foreclosure state) possessed the subject note before commencing the foreclosure process, and whether it had complied with serving statutorily required notices prior to initiating the foreclosure process.

The lower court allowed Deutsche Bank National Trust Co. to get away with presenting as evidence of the Note, and the notice requirement of foreclosure, affidavits by Corp officers supposedly possessing knowledge about the Note on the one hand, and the notices of foreclosure, on the other hand. The New York Appellate Division appropriately reversed the summary judgment foreclosure, on the basis that Deutsche needed to demonstrate actual evidence of possessing the Note, and actual evidence of having mailed the requisite foreclosure notices.

The discovery process would further enable the homeowner to pound on the essential not allowing the foreclosing party to get away with affidavits of X documents and events, rather than actual tangible proof of same. Moreover, even where the Note can be shown to be possessed, Neil rightly points out the common sense requirement of UCC Article 9 Section 203 requiring actual possession of the Note is a finesse itself, when same ‘holders’ typically cannot upon discovery and/or in responding to a forensic audit, demonstrate records to show that payment of value, consideration, was made for ownership of the underlying mortgage obligation.

Then Bill will be discussing a deposition transcript whereby a Nationstar deponent testifies in effect that the seller at issue never delivered anything of value, showing only a so-called purchase of the underlying mortgage asset, with no proof of legal consideration; further, that same deponent on money issues, states only that someone in the Financing Dept. has those answers. So the best course of action in this case would be to then depose the Financing Dept. head or someone equally knowledgeable of the sorts of issues in the particular lawsuit.

Finally, Charles addresses latest legal mess with COVID and how the foreclosure and eviction moratoriums are more muddled than ever.

LIST OF FORECLOSURE LAWS BY STATE

Get In Touch

Location

111 W Washington Street,
Chicago, IL 60602

Email

info@fraudstoppers.org

Hours: CST

Mon: 10am - 5pm
Tue: 10am - 5pm
Wed: 10am - 5pm
Thur: 10am - 5pm
Fri: 10am - 5pm
Sat: Closed
Sun: Closed

Send A Message

FREE MORTGAGE FRAUD & FORECLOSURE DEFENSE DOCUMENTS 

For information on foreclosure defense call us at 800-459-1215. We offer litigation support, admissible evidence, expert witness testimony, education, training, and support in all 50 states to attorneys and pro se homeowners.

CREDIT REPAIR $19 DOWN

THE CON

The Con

The Con

How to Win in Court in Only 24hrs

Fraud Stoppers How to Win in Court

LegalShield

Identity Protection

EMP PROTECTION

Blog

FRAUD STOPPERS PMA Mortgage Foreclosure Defense Blog

free fraud analysis

Free Documents

FREE LOAN MODIFICATION

Fight Traffic Tickets

Sue the Bank for under $300

Chicago Foreclosure Help

Free Loan Modifications

Mortgage Refinance

Rule of Law Radio

Rule of Law Radio

Process Service

Free Bankruptcy Documents

JOIN FRAUD STOPPERS PMA

Free Fraud Analysis

Free COVID Lawsuit

Mediation Services Requested

Social Media Buttons

VISIT US AT

face book youtubeg+ twitter

Attorney Services Request

American Justice League

AMERICAN JUSTICE LEAGUE

Pro Bono Attorneys

Jooble

Free Foreclosure EBook

FRAUD STOPPERS Foreclosure Traps Pitfalls and Swindles

FRAUD STOPPERS Foreclosure Traps Pitfalls and Swindles

Private Attorney Network

 

Fraud Stoppers Logo

THIS SITE IS NOT INTENDED TO BE MISCONSTRUED AS LEGAL ADVICE. FRAUD STOPPERS is a Private Members Association PMA. FRAUD STOPPERS PMA is NOT a law firm, non-profit organization, or government agency.  FRAUD STOPPERS PMA does not operate in the public sector. Although this website is visible to the public  FRAUD STOPPERS PMA does not intend for any information contained in this website to be considered as legal advise.

The information about Foreclosure law and other legal information provided on this website does not, and is not intended to, constitute legal advice; instead, all information, content, and materials available on this site are for general informational purposes only.  Information on this website may not constitute the most up-to-date legal or other information.  This website contains links to other third-party websites.  Such links are only for the convenience of the reader, user or browser; FRAUD STOPPERS and its members do not recommend or endorse the contents of the third-party sites.

Readers of this website should contact their attorney to obtain advice with respect to any particular legal matter.  No reader, user, or browser of this site should act or refrain from acting on the basis of information on this site without first seeking legal advice from counsel in the relevant jurisdiction.  Only your individual attorney can provide assurances that the information contained herein – and your interpretation of it – is applicable or appropriate to your particular situation.  Use of, and access to, this website or any of the links or resources contained within the site do not create an attorney-client relationship between the reader, user, or browser and website authors, contributors, contributing law firms, or committee members and their respective employers. This site provides “information” about the law and is only designed to help users safely cope with their own legal needs. But legal information is not the same as legal advice — the application of law to an individual’s specific circumstances.

The views expressed at, or through, this site are those of the individual authors writing in their individual capacities only – not those of their respective employers, FRAUD STOPPERS, or committee/task force as a whole.  All liability with respect to actions taken or not taken based on the contents of this site are hereby expressly disclaimed.  The content on this posting is provided “as is;” no representations are made that the content is error-free.

For instant access to an affordable local competent attorney click here

 

Spread the love
  • Yum