NJ Court Dismisses Bank of America Foreclosure Complaint due to Violations: Bank of America Lacked Standing – Wells Fargo Violated Fair Foreclosure Act

OFFICIAL PRESS RELEASE

NJ Court Dismisses Bank of America Foreclosure Complaint due to Violations: Bank of America Lacked Standing – Wells Fargo Violated Fair Foreclosure Act

Summary- An order was filed by the Hon. Peter E. Doyne, of the Superior Court of New Jersey Chancery Division: Bergen County on April 25th, 2011 dismissing a foreclosure complaint brought by Bank of America. The court ruled that Bank of America did not have possession and control over the mortgage note and illegally had Wells Fargo send a notice of intent to foreclose. Counsel for the defense, Denbeaux and Denbeaux’s, notice of cross motion for a summary judgement was granted and the action was dismissed without prejudice.

FOR IMMEDIATE RELEASE (Westwood, NJ) May 2, 2011

According to a ruling filed April 25th by Judge Peter E. Doyne of the Superior Court of New Jersey Chancery Division: Bergen County, Docket No F-61880-09, a foreclosure complaint by the Bank of America was dismissed because the bank failed to establish standing and was denied a motion for a summary judgment.

“This is a big win for us, “says counsel for the defense, lawyer Joshua Denbeaux, of the Westwood New Jersey law firm, Denbeaux & Denbeaux.

“The home owner got into financial difficulty, and rather than try to work with them, Bank of America filed an instant motion for summary judgment to foreclose on the house. It was a way to try to quickly brush past the fact that Bank of America did not have possession of an executable note, and had no right to enforce a note it did not have control over,” said Mr. Denbeaux

Also in the ruling Judge Doyne said the “plaintiff violated the FFA”, [the Fair Foreclosure Act N.J.S.A. 2A:50-53 to 50-68]  and that the “plaintiff failed to comply with the requirements of  the FFA a residential mortgage lender must send an NOI [Notice of Intent to Foreclose ].

Homeowners with immediate questions about home loan modifications and foreclosure, can call Joshua Denbeaux of Denbeaux and Denbeaux at (201) 664-8855 or email pr(at)denbeauxlaw(dot)com. Josh will hold a live video webinar online for New Jersey homeowners this coming Friday May 6, 2011 at 6:00pm to answer questions. Email pr(at)denbeauxlaw(dot)com to pre-register. Seating is limited to the first 50 respondents.

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4closureFraud.org

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Bank of America v Melissa Limato
[scribd id=54520504 key=key-1n20bjdzr3j0s3xab52k mode=list]

Comments
19 Responses to “NJ Court Dismisses Bank of America Foreclosure Complaint due to Violations: Bank of America Lacked Standing – Wells Fargo Violated Fair Foreclosure Act”
  1. Mary says:

    BERGEN COUNTY NJ FORECLOSURE JUDGES SUCH AS GERALD C ESCALA AND EDWARD A JERJIAN ARE STILL RULINGS FOR THE BANKSTERS DESPITE THE BANKS
    FRUDULENT FORECLOSURES PROCESS THESE JUDGES LOOK THE OTHER WAY
    AND HELP BANKS STEAL PEOPLE HOMES JUST SO THEY CAN CLEAN THEIR PENDING FORECLOSURE CASSES

  2. dani says:

    falks we still have many ignorate judges in nj that dont understand that the banksters are showing them nothing but fraud and they simply rubber stamp paper work for the banks helping them stealing people homes.
    while some judges are smart and understand the fraud the majority of nj judges still dont get it that they must inssist that the banksters prove they own the loans

  3. ROBERT M. says:

    I FOUND THIS WHOLE PROCESS A MAJOR DEBACLE. YOU CANNOT TALK TO THE SAME PERSON TWICE. YOU ARE PUT ON HOLD FOR 30-40 MIN OR MORE ONLY TO BE TOLD WE DONT KNOW WHERE YOUR FILE IS . IT IS INCOMPREHENSABLE TO ME THAT THIS INSTITUTION CALLS ITSELF A NATIONAL BANK. I DO NOT BLAME SOME OF THE CUST SERVICE REPS BECA– USE THEY CAN ONLY GIVE YOU THE INFORMATION THEY HAVE ON HAND, HOWEVER I LIKEN THIS EXPERINCE TO SPEAKING TO AN EMPTY PHONE WITHOUT ONE DIFINITIVE ANSWER!!!!!! I AM AT A LOSS THERE IS MORE THAN I CAN WRITE.BUT THE BOTTOM LINE IS I NEED HELP!!. THIS IS MY HOME . I HAVE BEEN ONLINE TO BBB SANTA BARBARA CAL. WHERE BOA HASE ITS MAIN BRANCH. THER ARE THOUSANDS OF US OUT HER THAT DONT KNOW WHERE TO TURN. I IMPLORE YOU PLEASE INVESTIGATE THIS INJUSTICE AND RIGHT THE WRONG.

  4. George says:

    MORTGAGE CRISIS

    Years back the banks began to turn a mortgage into a commodity, with good paying mortgages, then they saw they were running out of this commodity, so the big banks, including Fannie & Freddie started approving loans to almost anyone and everyone, not so much to just give that person a home to have, but they were more concerned about creating more of the commodity. More securities to sell to investors. They even knew some home owners would not last several years or several months, as long as they could say to investors, “Hey, we have more mortgage backed securities to sell”.

    Now, to sell all these securities, they would have to create a mortgage assignment which is normally recorded with the county land recorders office for a fee. Physically, that would take up too much time and money, so the big banks invented and created MERS,(Mortgage Electronic Registration System). This electronic service was only created to track mortgages sold and bought in the secondary securities market. MERS legally has no invested interest in the mortgage, so they truly are not able to transfer or assign the mortgage acting as a nominee of the loan. But they are! Wrong. The chain of title of the mortgage is broken right here at this very early stage. The mortgage/note has to be assigned from one owning entity to the next owning entity. MERS never owns the loan, but they are creating and are listed on assignments at the local land recorders office. Now that the mortgage was bundled, sold and bought back and forth with investors, no continuing assignments are recorded with the county recorders office. By not recording these documents, Fannie & Freddie & and all your Big Mortgage Servicing banks are saving millions-billions on recording fees, and possible taxes, etc.

    What I have found was that the Servicer of the mortgage is listed with the county recorders office as if they own the mortgage, while Fannie & Freddie or other Big Banks are selling the bundled mortgages as securities. Kind of like a Pizza shop cooking pizza legitimately up front, and a mobster selling off investments in the back. (Racketeering). The Servicer up front really is not the owner of the loan, and they tell you this. They also admit that your loan is owned by Freddy or Fannie, or the Investors. So when the Servicer now tries to foreclose on a homeowner, they are not truly the owner of the loan, and you have to own the loan to foreclose!!! Many never even question the Servicer and walk away from their home. Now to foreclose as quick as they can, that’s where the robosigners come in. These people do not review anything in the foreclosure paperwork about the loan, but only sign a name on the affidavit page on thousands of mortgages to get the foreclosure going before any homeowners begin to catch on.

    You see, its a matter of a quick process the Servicing banks want to achieve in order to get the property in their possession, only to sell it. The crazy thing is, when the originating bank gives the loan, then sells it to the 2nd bank which mostly ends up being the servicer, they again sell it to the 2 major players (Freddie & Fannie) and they sell the mortgage back securities to investors. So the servicing bank gets paid for the mortgage and still collects payments toward the mortgage and a percentage goes to the Servicer, Fannie & Freddie and the Investor. So they are all making money. Then the Servicing bank comes to foreclose and if they are allowed to foreclose they get the home without true ownership, even though the loan is actually sold off into bits and pieces to investors. I can go on further, but to conclude, if this were a murder case, I would call this act of the banks premeditated, not an accident. This was all planned out in order to reach the highest profit they could using the mortgage backed securities as a commodity, and have total disregard, deliberately, intentionally ruining the lives of millions of homeowners.

  5. WHERE IS MY LOAN MODIFICATION BANK OF DESTROYING AMERICA!
    .
    BofA and it’s CEO Brian Moynihan reminds me of that song by John Lennon and George Harrison titled “Piggies” I invite you to listen to this song on youtube and see if it appropriately fits.
    .
    http://www.youtube.com/watch?v=ovD9rTzs2q4&feature=player_embedded
    .
    Have you seen the little piggies
    Crawling in the dirt
    And for all the little piggies
    Life is getting worse
    Always having dirt to play around in.
    .
    Have you seen the bigger piggies
    In their starched white shirts
    You will find the bigger piggies
    Stirring up the dirt
    Always have clean shirts to play around in.
    .
    In their ties with all their backing
    They don’t care what goes on around
    In their eyes there’s something lacking
    What they need’s a damn good whacking.
    .
    Everywhere there’s lots of piggies
    Living piggy lives
    You can see them out for dinner
    With their piggy wives
    Clutching forks and knives to eat their bacon.
    .

    When I filed my lawsuit against Bank of America, I thought of the many others out there in the same situation. It was then that we decided to educate the public on what these piggy banks are doing, as well as unite us all together as one voice. Please help me turn this David vs. Goliath modification process, into a Goliath vs. Goliath.
    .
    Please stand with me and Brookstone Law Firm, and send an email to Bank of Abusing America that states that we will no longer tolerate their potentially illegal, fraudulent, irregular and abusive business methods.
    .
    So please send your email directly to Bank of America and include the following:
    .
    1. Your name
    2. Your complaint concerning your experience with Bank of America.
    3. Please end your email “I support John Wright vs. BofA Lawsuit!”
    4. Please send a copy of your email to piggybankblog@earthlink.net
    5. Please send your email to BofA CEO Brian Moynihan:
    brian.t.moynihan@bankofamerica.com
    .
    I HAVE HAD ENOUGH AND I AM FIGHTING BACK!
    .
    I have created piggybankblog.com for all of those who have been abused by Bank of Destroying Americas potentially irregular, fraudulent and simply abusive home loan modification process.
    .
    Divided we might have fell America. UNITED WE MUST STAND!
    .
    http://www.youtube.com/watch?v=PoOJMr7OJ0s
    .
    My name is John Wright AND I AM FIGHTING BACK!
    .
    John Wright
    piggybankblog.com

  6. Eugene Villarreal says:

    Judges like Thurber that are found to be incompetent should be sued, removed from the bench, jailed or all of the above. It’s absolutely unbelievable that a politician could nominate a stupid person for the bench based on political patronage. Both should be jail mates.

  7. roni says:

    ignorate judges like mary thurber that side with banks in n.j against people and rubber stamp any lie the banks tell her shuld learn from judge doyne, how to apply the law of the land and give due process of
    law to bergen county people. we all know her shamfull behaver and wounder why she is still a judge

  8. Leo II says:

    Congratulations Mr. Denbeaux

  9. l vent says:

    Anyone heard any news about the goings on in fraudclosureland in Cook County, Il? Haven’t heard much since the judge threw out 1700 fraudclosure complaints filed by Fisher and Shapiro because of fraud in the fraudclosures. That was in the begining of March. I know Tom Dart is still fighting for all us. Haven’t heard a peep from AG Lisa Madigan’s office as of late. I thought she was the head of the whole mortgage fraud investigation with the 50 State AG’s? The whole forced loan mediation with the pretender lenders is bullshit. That was the best the Il Supreme Ct. could do for defrauded homeowners that they are taxing to death? It is a joke, a scam, a sham and more fraud. They want to force the victims to negotiate with a pretender lender who has not even proved their standing to foreclose. I will sue the bastards before I will negotiate any more fraud with these bastards who robbed me. They forged mine and my husband’s signature on the note and the mortgage. Loan mediation? Are they for real? DEATH TO THE FASCIST TYRANNY!!!!!!!!!!

  10. Javagold says:

    Great News ! Maybe i dont dislike NJ as much as i thought i did

  11. Susan M. DeSimone says:

    My “Mortgage Foreclosure” issues involve two properties. One in New Jersey and one in Indiana. I called into the Florida radio show Sunday and gave my statement. Maybe you all heard me out there in radio land. Indiana is not yet in “Foreclosure”, however I filed a “Complaint/Lawsuit” prior to the “Foreclosure” for my illegal documents, that exist from the “Origination” I am representing myself. I am in the “Federal District Court” in Indianapolis.. The parties I sued “the Defendants” have all filed “Motions to Dismiss ” and “Motions for Summary Judgments”. My radio debut stated that I had a few rulings, and I am waiting this very moment for a ruling on the “Main Characters”. Ruling in my FAVOR, regarding the “Appraiser” and “Company” will NOT BE DISMISSED. Judge has held them over for “Trial” on “FRAUD”. Of course, I will have to prove in “Trial” before the jury, and I will do it.. The ruling that is before the “Federal Judge” at this moment, contains “ALL FRAUDULENT DOCUMENTS, submitted to the “Federal District Court” in their Quest to win Summary Judgment against me. I have called this to the Courts attention and have provided “Absolute Certified Documents” to dispute. I have told the Judge to show them the “DOOR”. I am “Tenacious”, NO Shrinking Violet here. I will NOT ACCEPT losing. I will and can continue on and fight the forthcoming foreclosure as that property has an illegal “Mortgage” an illegal “Deed”, and an “illegal Discharge of Mortgage”. To date there is no assignments, but it is a “MERS” mortgage and “Note”. I am NOT or ever have been a “DEADBEAT”. I was “DUPED” and it involved two (2) properties. My coming out to the public is to get people to file the “Lawsuit” before they file against you. It gives you two (2) chances to win. It is not that hard to file yourself. Just research your documents and you will find the “FRAUD”. Just do it. Lets all file and “OVERWHELM” the Courts. Ruling in “Wheeling, West Virginia” on the “Appraiser” for inflated appraisal was settled out of court for $700,000. I will keep posting to update my story.

    • Isabel S - Florida says:

      Susan, I truly admire your spirit. I love it when you say that you are tenacious and will not accept losing. Wish there were more like you! Bank of America would go out of business for sure! My husband and I are also suing Bank of America for Fraud. We are also suing for RICO violations and RESPA among other things. http://www.free-press-release.com/news-florida-couple-file-lawsuit-against-bank-of-america-for-mortgage-servicing-fraud-loan-modification-and-rico-without-an-attorney-1299633088.html. My husband and I are also tenacious and do not want to lose. We are also pro se and it is very difficult but not impossible. My problem in this fight is that Bank of America caused me so much overwhelming stress that I now have Fibromyalgia which in my case was triggered by a traumatic and stressful event (Bank of America’s abuse). Now I have to live with this painful syndrome for the rest of my life. Thanks Bank of America!! I also became suicidal and emotionally damaged by all of this. I begged them for help but they were on a mission to take my house and have us in the streets which includes my autistic children. When we hired an attorney, Bank of America continued with ther lies and kept harrassing me even though they knew I had legal representation at the time. I have no idea how long my body and mind will hold up during this fight. We also want to help as many Bank of America victims as we can by providing them information on our website. Susan, please email me at Isabel-1229@hotmail.com. I am sure that we can swap a lot of valuable info to bring this monster down. Please keep me posted and good luck!

  12. DANI says:

    AFTER BERGEN COUNTY JUDGE MARY TURBER THAT RECENTLY HAND OVER,A HOME OWNER, HOME TO A BANK WITHOUT EVEN GIVING A DUE PROCESS TO THE POOR HOME OWNER AND WITHOUT DEMANDING THAT THE BANK SHOW EVIDENCE THAT THEY EVEN OWN THE MORTGAGE AND THE NOTE
    [IN FACT SHE RULED THAT THE BANK DIDNOT HAVE TO PROVE THAT THEY OWNED THE MROTGAGE]
    IT IS GOOD TO KNOW THAT NOT ALL BERGEN COUNTY JUDGES, ARE STUPID LIKE JUDGE MARY
    AND THAT THEY, REFUES TO BE RUBBER STAMP FOR THE BANK AND APPLY THE LAW AND DO THEIR JOBS. GOD BLESS JUDGE DOYNE.
    THE PEOPLE ARE WITH YOU JUDGE DOYNE

  13. Hydesdocs says:

    Susan, keep us updated with your fight.

  14. l vent says:

    Gotta make them show proof of standing. They don’t have any. RESCIND, RESCIND, RESCIND.

  15. Susan M. DeSimone says:

    My foreclosure is in this state. I have an illegal Summons and Complaint, an illegal robo signed Assignment FROM mers, TO quicken TO boa, and I have an illegal Notice of Intent to Foreclose. I am filing my court documents as we speak, pro-se. I can certainly use this ruling, as a “Statement” . I have Bank of America who has filed and they DO NOT OWN MY NOTE. I will keep posting my results.

  16. Fury says:

    fantastic news!

  17. Ron brajkovich says:

    Good going

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