Florida Judge Vacates Summary Judgement Wrongfully Obtained by Law Office Of David J. Stern for Deutsche Bank as Trustee for Securitized Mortgage Loan Trust

Via Jeff Barnes, Esq., www.ForeclosureDefenseNationwide.com

March 17, 2010

FDN has obtained another borrower victory in Florida by having a summary judgment of foreclosure vacated. The Judge in the Brevard County Circuit Court has entered an Order, on motion of the borrower which was prepared, filed, and argued in person by Jeff Barnes, Esq., vacating and setting aside a Final Summary Judgment of Foreclosure and enjoining any foreclosure sale. The Motion set forth that the Judgment was void as there was no proof of legal standing.

The Complaint, filed by the Law Offices of David J. Stern, P.A., alleged that the Plaintiff was the holder and owner of the note and mortgage by an assignment “to be filed”. No such assignment was ever filed, and thus Plaintiff Deutsche Bank fraudulently represented to the Court that it had proper legal standing to foreclose when in reality it did not. The threshold hurdle of proof of legal standing to foreclose under Florida law was recently highlighted by the Florida Second District Court of Appeal in the BAC Funding decision which was recently discussed on this website.

The same day that the hearing took place on the Brevard County Motion, FDN attorney Jeff Barnes, Esq. was presented with yet another case filed by the same attorney from the Stern law office for the same client (Deutsche Bank as “Trustee” of a securitized mortgage loan trust) with the same problem (no assignment or proof of VALID ownership of the Note and Mortgage) but filed in Manatee County, Florida with a summary judgment having been entered in favor of Deutsche Bank despite no assignment ever having been filed. A Motion has thus been filed to seek vacatur of the Stern Summary Judgment entered in this separate proceeding.

FDN litigates foreclosure cases throughout the State of Florida as well as in 27 other states, assisted by local counsel. The consistent pattern which is emerging, as to Deutsche Bank, is a misrepresentation of ownership of the Note and Mortgage (or “Deed of Trust” as it is called in non-judicial states other than Georgia, which terms the instrument a “Security Deed”); lack of valid ownership interest in these instruments and the rights attendant thereto; and a failure to produce competent evidence of any ownership (meaning that meritless MERS assignments are not “competent”). This pattern is present in numerous states with different law Firms. Deutsche Bank thus continues to be an entity whose representations must be carefully examined in any foreclosure attempt, because there is a high probability that one or more of its representations are false.

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Comments
7 Responses to “Florida Judge Vacates Summary Judgement Wrongfully Obtained by Law Office Of David J. Stern for Deutsche Bank as Trustee for Securitized Mortgage Loan Trust”
  1. Norma says:

    I am fighting Deutsche Trust bank here in Houston, Texas too, those thieves claim to be the owners of my note, when they can’t prove it, today a federal judge in Harris county denied their motion to dismiss my lawsuit against them. My nightmare began with New Century Mortgage another crooks that processed a home equity loan back in 2006. I am not letting this back robe me and take my home away from me, instead someone has to paid for all the violations committed by these crooks and gangsters against my homestead. If they are the holders of my note and my deed of trust is theirs why can they prove it? I am a victim of predatory lending acts and they will pay for this.

  2. debi J says:

    Consistency would go a long way here. Why can’t the judges see this in every case? Its not hard. It really is easy if you look into it deeply. Take your time. Things were removed and forged in the mortgages and the notes were always seperated if they are MERS. That seems like a no brainer but again the judges are sucking their thumbs or fixing their hearing aids or cleaning their bench wound that won’t heal. They are too old and unable to see what has clearly happened here. I know its hard at first to believe our beloved banks are all corrupt and self serving. I know its hard to believe they made a company that could process all their lies then bought more companys and the affiliate nightmare goes on. Look at all of BOA’s affiliates on their annual report. Look at the reports from years back. Look at others annuals reports too–ie–IBM bought wilshire from BOA and its now LBPS— the acquisitions section on their 8K is all encrypted. Why do you think that is? Remember LPS? Now LBPS is the same deal but IBM designed the IT in the first place and now we can’t see what happen on the secs site because its encrypted!! Wow. Is that alarming to anyone else? I am so disturbed by the whole corrupt, abusive system I wish I could scream with a megaphone from the court house roof. We are pawns in the massive game. It is time to stand up and fight and then appeal and then file bankruptcy and file ur mortgage as unsecured then go open the deed of trust and then we shall really have something to share! God bless u and never stop fighting deb 561-389-9339.

  3. Aaron Johnson says:

    Don’t suppose this Motion vacating and setting aside the summary judgment and the attendant Order are online anywhere? Like Scribd or another site the documents can be downloaded?

  4. Thou shalt not steal?

    Deutsche Bank, let’s revisit that, shall we?

    ForeclosureHamlet.org

    • yvonne says:

      Deutsche Bank seems to be prominent in majority of floreclosures in Florida. Does it have any standing at all? They acquisitioned Bankers Trust when Bankers Trust was sanctioned by the Feds …Deutsche Bank alleges that it owns trusts formerly owned by Bankers Trust when that entitiy did not own those trusts…best to check out this acquisition for your self and also the case against Bankers Trust they lost prior to being acquisitioned by Deutche Bank who also claims that they were formerly AKA BankersTrust…your thoughts….

    • yvonne says:

      A What is the law in Florida regarding any changes made on a recorded doc (namely a mortgage) that was never initial by all parties to the transaction? Changing a date to match the date on a note? Also, how important is the HUD statement signed by the parties if the date on the HUD is differrent from the mortgage and note

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