New Jersey | Bank of America v. Limato – Foreclosure Case Dismissed as Bank of America Violates Fair Foreclosure Act

Foreclosure Case Dismissed as Bank of America Violates Fair Foreclosure Act

FOR IMMEDIATE RELEASE (Trenton, N.J.) July 2, 2012 Judge Doyne in the Superior Court of New Jersey Appellate Court handed down a decision today in favor to the homeowner in the Bank of America v. Limato case Docket No. A-4880-10T3, which resulted in the dismissal of the foreclosure for the NJ homeowner, according to papers files in Trenton today.

Judge Doyne of the Superior Court of New Jersey , Appellate Division,, handed down a decision that upheld the claim that Bank of America not only failed to comply with the notice provision of the NJ Fair Foreclosure Act (FFA), but more importantly, lacked standing to pursue foreclosure as it could not demonstrate its status as the holder of the note, a non-holder with possession of the note, or that the original note was lost, as required under the Uniform Commercial Code(UCC), N.J.S.A. 12A:3-301.

The court’s 14 page decision describes in detail the deficiencies in the Bank of America argument but the one main point was Bank of America’s failure to prove its status as the mortgage holder.

Attorney for the defense in the Limato ruling, Adam Deutsch of the law firm Denbeaux & Denbeaux., says, “This is an important win for homeowners because it signals that the Appellate Division will not tolerate relaxing the standards banks must meet to show that they are entitled to foreclose. In this case, Bank of America was seeking to take our client’s home, but the only witnesses they produced were employees of Wells Fargo. There was no evidence tying Bank of America to home in question.”

Partner for the law firm, Joshua Denbeaux, says, “In 2012 Denbeaux & Denbeaux has won two of two Appellate Division cases for homeowners in New Jersey. Obtaining this success is the result of a dedicated team who has been in the trenches battling bank’s on behalf of New Jersey homeowners since the beginning of the crises back in 2008. I have personally watched the law evolve and am pleased to see the Courts treating foreclosing banks with a higher degree of scrutiny than was seen a few years ago.”

Cited as the premier foreclosure defense and consumer rights litigation firm in northern New Jersey by virtue of the number of cases they have been able to get dismissed, they offer a free consultation to any homeowner facing foreclosure. Homeowners can take advantage of a free consultation and to learn about the options remain in their home for the long term, by contacting the law firm of Denbeaux & Denbeaux at (201) 664-8855. Located at 366Kinderkamack Road, Westwood, NJ 07605 and can be found on the web at denbeauxlaw(dot)com or email pr(at)denbeauxlaw(dot)com

Ruling below…

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4closureFraud.org

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Bank of America v. Limato NJ A-4880-10T3

Comments
3 Responses to “New Jersey | Bank of America v. Limato – Foreclosure Case Dismissed as Bank of America Violates Fair Foreclosure Act”
  1. Rita Cheche says:

    I’m one of the very few, if not the only homeowner from Virginia Beach, VA that was
    able to get Wachovia/Welis Fargo into the U. S. District Court, for TILA, RESPA,
    Rescission, having a sell-out for an attorney, (go figure) … She “missed” the email,
    several days earlier, concerning a Pre-Trial date, when all 3 defendants were lying to
    the Court, getting themselves, damages, and attorney’s fees dismissed. She was
    able to amend “her” case; as I was never consulted on anything she filed on my
    behalf, until weeks later. I disputed every careless step she took; in writing, faxes,
    phone messages, and over the phone. She missed every appt. we had, even “phone
    appts.”, for approx 2 yrs.; except my 7 hour deposition, (that’s Wachovia deposing
    me … ); which she/they scheduled the same morning as a “Surprise Appraisal” on my
    home! She withheld evidence from both me and the Court, being hundreds of pages with
    thousands of entries of the “ACTIVITY NOTES”, which show sooo many unlawful
    acts … even stating, “information from the Originator state Rita Cheche, may have
    made a timely rescission … “, they follow by making the excuse, “she made payments
    after canceling”, My attorney did not make a peep at the Trial, but her fingernails
    were clean, I know, I watched her, as I looked to her to speak up about at least 50
    OTHER ISSUES!

    There has never been a Clear Title on my property, having at least 1 mechanic’s lien
    from “1996” on the guy I bought the property from in “2004”. Of course I’ve been
    charged thousands, within the 2 yr. period of time Wachovia “Flipped” my loans, at
    least 2 of the 4 loans. I bought the property and paid out-of-pocket, (NO
    ADDITIONAL LOANS WHAT-SO-EVER ON THIS PROPERTY) spending $700K to
    build a 4,000 sq. ft. 2-story Custom Home, taking the property value from $235K in
    “2004”, to the $817K. I have never received or had paid on my behalf, a single penny
    from Wachovia, they stole everything, so besides not receiving ANY MONEY from my
    out-of-pocket money, as I furnished materials and labor, building with my Partner and
    my Step-Dad, they stole the equity and it’s upside down $400K.
    THEY CONTINUED TO EMBEZZLE MONEY “UNDERWRITING AND ORIGINATING
    MY CANCELLED LOAN, WEEKS AFTER, there are over 14 Different Dates in the
    Closing Docs., NO HUD at the Closing, they made one up 8 days AFTER THE
    CLOSING, having different amounts, such as, “Line 1303. Estimated taxes
    $3,500.00″ ADDED, OF COURSE NEVER PAID, I have the proof in black and white,
    “mysteriously receiving 84 pages of the inter-office emails and processing
    documents, approx. 3 years after Closing, from the “Servicer”, who Wachovia
    replaced with Wells Fargo …
    I HAD DRAWN-UP MY OWN 3-DAY CANCELLATION NOTICES, MISSING FROM
    1ST CLOSING PACKAGE, I RECEIVED A 2ND SET OF DIFFERENT CLOSING
    DOCUMENTS approx. 3 MONTHS LATER, I HAVE ALL THOSE UNSIGNED
    ORIGINALS ALSO; WHICH THEY FORGED … I WANT TO GET MY ORIGINAL
    DOCS.”PAPER” DATE TESTED FOR ADDITIONAL EVIDENCE AGAINST
    FORGERS; I FAXED, CONFIRMED RECEIPT BY MY LOAN OFFICER, Catherine
    Freeland AND HER BOSS, Hugh Beatie & MAILED AN Executed ORIGINAL THE
    DAY AFTER CLOSING. THEN, 8 DAYS AFTER CLOSING DATE, THEY REDUCED
    THE APPRAISAL FROM $817k TO $765K, STEALING AN ADDITIONAL
    $52,000.00 OF MY EQUITY, COINCIDENTALLY THE TOTAL AMOUNT THAT I WAS
    CHARGED FOR, THIS “FLIPPED”, “UNJUST ENRICHMENT LOAN”, IS $52,500.00!!! NEVER PAYING A PENNY TO ME, OR FOR ME, CHARGING A
    HIGHER MONTHLY MORTGAGE PAYMENT, A PRE-PAYMENT PENALTY AND
    ADDED 10 YEARS TO MY LOAN. INTENSIONALLY, DECEPTIVELY RUINING MY
    CREDIT, WHICH CAUSED THE LOSS OF MY BUSINESS, started in “1986”,
    STEALING MY REAL ESTATE PROPERTIES & FINANCIAL INVESTMENTS, MY SON’S EDUCATION, OUR Livelihood AND MY RETIREMENT.
    PLEASE, DO THIS, Send your lender a “Qualified Written Request”, TELL them you
    are requesting your “Activity Notes”, tell them to include the beginning date of your
    loan, your “Closing Date” to Present. All lenders have them, (this is what they pass
    around when the “sell us” to each other), this contains the “daily” activity they do on
    your loan. Also, request their “Phone Logs” mine are called “Consolidated Phone
    Logs”, they have to write down every time you call them, and they call you, what was
    said etc. You may be surprised to see what you find out, like me; Wachovia did not
    get their “Robo-Signer”, famous, “Topeka Love” to sign their “Assignment” until 2 years AFTER Closing,They documented “can not clear the Title” & “Foreclosure will provide us a Clear Title…”, “Profit in property $433,000.00″. I could go on & on …
    I am representing myself, “Pro-Se” in the United States Appellate Court, Fourth
    District. I have sent my “INFORMAL BRIEF”, and am awaiting their decision. IF
    ANYONE CAN HELP, PLEASE CALL ME 24/7 @ 757-427-0075.
    IF YOU NEED “A FRIEND”, as I am only a fighting homeowner, not an attorney, Call
    me, Rita Cheche, 757-427-0075, 24/7, please leave a message, I might be at the
    Court House, LOL

  2. DLC says:

    judge Doyne is to be congradulated for his simplistic interpretation and presentation of what other strive to complicate, foreclosure and property laws. This isn’t rocket science and it doesn’t take a master degree to figure out the BS being presented to the Courts everywhere by this small handfullof TBTF Banks.

    The Appellate Division, too, deserves an attaboy for it’s minimalist approach to confirming the findings of the District Court. Job well done in New Jersey.

    It pains me to admit that my opinion of the State of New Jersey has never been that great (has to do with once owning a long haul trucking business and absolutely despising having to travel acros that state) but I must admit that some of the best and most constitutionally conforming Court decisions of late are coming from East Coast Cities and States.

    Looking forward to more decisions like this one, it gives one hope for the future of America’s Landowners….

    TheGrey

  3. james formanek says:

    THAT’S GREAT NEWS FOR HOME OWNERS IN NJ!!! GREAT JOB!!

    NOW THE ONLY CHALLENGE IS TO GET THE OTHER 49 STATES AG’S TO FOLLOW SUIT???!!

    PARTICULARLY FOR MY FAMILY LOCATED JUST SOUTH OF NJ IN THE STATE OF MARYLAND

    CONGRATULATIONS TO ALL !!!

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