BANKS CONTINUE TO IGNORE COURT ORDERS; BANK OF AMERICA THREATENS FORECLOSURE SALE IN VIOLATION OF PRELIMINARY INJUNCTION

Jeff Barnes, Esq., www.ForeclosureDefenseNationwide.com

February 24, 2010

We have previously advised of the arrogance of IndyMac Bank, who continued to take action to sell a borrower’s home notwithstanding the issuance of a Preliminary Injunction prohibiting such activities by IndyMac and any agent thereof. Despite the issuance of the Injunction, IndyMac had persons enter onto the borrower’s property and place “For Sale” signs on the front lawn. When the borrower confronted these individuals and showed them a copy of the Injunction, the response was “We don’t give a f–k about lawyers, we have plenty of lawyers. IndyMac only ceased its activities upon being threatened with contempt and sanctions by the borrower’s attorney with notice to the court.

This arrogance has now apparently been adopted by Bank of America Home Loans. On February 8, 2010, an Oregon Court entered a Preliminary Injunction on the Motion and filings of FDN attorneys Jeff Barnes, Esq. and local Oregon cousnel Philip Anderson, Esq. which prohibited Bank of America Home Loans, MERS, and ReconTrust from selling, transferring, eucumbering, or conveying title to the borrower’s property without further Order of the Court, with the injunction remaining in place pending the disposition of the issues raised by the borrower in the Complaint. Despite the entry of this Injunction, Bank of America Home Loans issued a letter to the borrower two weeks later, on February 22, 2010, threatening a foreclosure sale on February 26, 2010, without even acknowledging the issuance of the Injunction. Bank of America has been notified that its threat constitutes a per se violation of the Injunction, and if Bank of America, ReconTrust, or any other party proceeds with any foreclosure activity that the borrower will advise the court and seek a finding of contempt and the imposition of sanctions, and that any such sale would be vacated as a matter of law.

All of this goes to prove several things: that the “lenders” and their agents have absolutely no respect for the Courts; no respect for Court Orders; will do whatever they please unless their feet are held to the fire; and have to be watched like a hawk with eyes in the front, sides, and back of your head. We hope that all counsel defending foreclosures will do so.

4closureFraud
www.4closureFraud.org

Comments
7 Responses to “BANKS CONTINUE TO IGNORE COURT ORDERS; BANK OF AMERICA THREATENS FORECLOSURE SALE IN VIOLATION OF PRELIMINARY INJUNCTION”
  1. rsheltonr says:

    Re: Jeff Barnes Florida attorney
    You are a liar Mr Barnes and an embarrassment to your profession. You will never win anything in court because everything I said is absolutely true and now many others are coming forward with the truth about your behavior and the way you treat the elderly. I am also going to expose your Black Robe Mafia web site where you may be embarrassing and humiliating State and Federal Judges all across the nation. A disrespectful site like that can really hurt your clients cases if they are before the judges who may have read your Black Robe Mafia web site.

    We are ready for you Mr Barnes, so file your suit. You can forget about the statute of limitation, I was wrong and you knew that. Just because we are elderly doesn’t mean we are stupid nor will we just allow you to take what is not yours. We are not afraid of you anymore Mr Barnes and neither is the elderly woman and her friends out in California. I am going to continue to publicly expose you whenever and wherever I can with the truth in the hope that no other elderly person has to go through what we have with you. Fortunately there are many others now that are doing the same. The elderly woman in California has told me of what you charged her and all the other people who have hired you in her group, how many of those elderly people have you abandoned? I have added them to a growing list. If that lady is telling the truth and I suspect she is you may have some exposure there too. Have you really charged that group almost a million dollars? How many others are there? You need to stop hurting the elderly, you were suppose to help those people. I pray that Law Enforcement and the Fla Bar will tie all these people together because the big picture may show your leadership in a slick nation wide Mortgage Rescue Scam that may be conning many elderly people. At this point I think I will inform the United States Attorney General and the FBI about your activities involving so many elderly people. Truth and justice is coming Mr Barnes.

    Ray Shelton

  2. dinsfla says:

    This has happened to a very close friend in Pompano Beach Fl. Aurora Loan Services & Law Offices Of David J. Stern entered without permission and changed the door locks. I instructed her to call the police and report them for trespassing. She has yet to be served with any Foreclosure Complaint.

    Why should we expect anyone to anything while the government has a piece of all these foreclosure and continue to turn their backs. we also learned Judges Pension Plans are investing in Foreclosures>>>Any conflicts?? Nah.

    Media will also turn their backs as they need these very same banks to keep them alive with loans. How dare they bite the hands that feed them!

    DinSFLA

  3. smallz says:

    This is business as usual.

    on January 14th 2008 Countrywide agents, stormed my property and attemted to forcibly remove me and my family by means of breaking an entering without any legal authority to do so.

    Countrywide would not file an UD until 6-months later.

    And that was just the beginning….

    What you see on this Foreclosure fraud blog is 100% true.

  4. TCS says:

    This will continue to happen until the Judges sanction the Attorneys and the banks with Million dollar sanctions and arrest these people for contempt of court for their actions.

    • Fred says:

      This will continue to happen until enough homeowners exercise their citizen’s arrest powers.

      (and in some states, it’s legal to kill a home invader if you fear for your life)

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