BANKS CONTINUE TO IGNORE COURT ORDERS; BANK OF AMERICA THREATENS FORECLOSURE SALE IN VIOLATION OF PRELIMINARY INJUNCTION
Posted by 4closureFraud on February 25, 2010 · 6 Comments
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
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Filed under Corruption, foreclosure, Foreclosure Fraud, MERS, mortgage electronic registration system · Tagged with 4closurefraud, bank fraud, bank of america, bankruptcy, boa, cdo, cds, conspiracy, criminal, deed of trust, INDYMAC Bank, Jeff Barnes, livinglies, MERS, mortgage electronic registration system, Stop foreclosure, wrongful foreclosure
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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
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.
Strike January 14th 2008. The criminal act commited by Countrywide agents agaisnt me and my family on January 14th 2009.
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.
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)