How The Law Offices of Evan M. Rosen Won a Foreclosure Trial Before it Ever Started

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How The Law Offices of Evan M. Rosen Won a Foreclosure Trial Before it Ever Started

Cross-posted from The Law Offices of Evan M. Rosen

By Evan M. Rosen

Just minutes before the start of a trial the other day:

Me: Hi, Ian (Opposing Counsel). How’s things?

OC: Hi, Evan. I’m good thanks. You? Anything we can do to resolve this?

Me: What did you have in mind?

OC: Maybe some cash in exchange for a consent judgment?

Me: I don’t have authority from my client to consent to judgment. Is Catherine (witness they only recently disclosed after tons of pretrial problems leading to two prior continuances) here?

OC: No, _________(someone from Nationstar I’ve never heard of) is here.

Me: Well, that’s a problem. You know you have some problems in this case. You wanna talk to your client about taking a voluntary dismissal?

OC: Ok, I’ll be back.

Within a minute, two broward clerks and the duty Judge are calling us up to get assigned to the trial judge, who is waiting for us. We walk up and then…

OC: Judge, we are entering a voluntary dismissal. Here’s the written notice.

Me: Good afternoon Judge. (I get my copy and walk out)

That was fun….

~

If you are in Florida and are looking for help with debt, foreclosure, real estate or want more information about bankruptcy law, call us at (855) 55-ROSEN or fill out our online form for a FREE CONSULTATION. Let the lawyers and staff at the Law Offices of Evan M. Rosen serve you!

Comments
4 Responses to “How The Law Offices of Evan M. Rosen Won a Foreclosure Trial Before it Ever Started”
  1. h.allan says:

    THANK YOU MICHAEL FOR YOUR DEDICATION TO US PRO SE HOMEOWNERS MADE ME AWARE OF THE STATEMENT Comments from Robert E.Bostrom Freddie Mac’s Executive Vice
    President stated on Recommendation regarding verification of “ownership” of the mortgage“The Task Force has recommended a requirement for a plaintiff in a foreclosure action to verify that it owns and holds the note. I AM FOREVER GRATEFUL BECAUSE IN HIS STATEMENT HE REVEALS A STARTLING TRUTH ABOUT LOST NOTES AND MORTGAGE SCHEME AND A BIG PIECE OF THE BANKSTERS DECEIT MORE THAN HE WILL EVER KNOW AND MORE THAN THE BANKS EVER WANTED REVEALED.

    BANKS DECEIT UNCOVERED IN THE SUPPLEMENTAL PROSPECTUS
    PROVES (GAAP) WAS NOT FOLLOWED AND LENDERS AVOIDED PAYING TAX ON NOTES
    Due to IRS CODE 860 governing Tax Pass Through for special purpose Vehicles , (the real parties of interest are the shareholders)is in the Supplemental Prospectus as mortgage pass through certificates issued by the S.E.C.
    Proves Generally Accepted Accounting Principles were not enforced and therefore the property was foreclosed on through extortion ,theft and fraud.All federal Felonies punishable with prison time.
    1-THE BANK CHOSE THE DISTRIBUTED PARTY OF INTEREST SCHEME TO AVOID PAYING TAXES TWICE
    GIVING UP THEIR RIGHT TO FORECLOSE SINCE THEY CANNOT PROVE DOUBLE ENTRY ACCOUNTING (GAAP)

    PASS THROUGH TAX ON SUPPLEMENTAL PROSPECTUS PROVES FORECLOSURE FRAUD AND EXTORTION BY BANKS ALL FEDERAL FELONIES PUNISHABLE WITH PRISON TIME
    Due to IRS CODE 860 governing Tax Pass Through for special purpose Vehicles , (the real parties of interest are the shareholders)is in the Supplemental Prospectus as mortgage pass through certificates issued by the S.E.C.
    Proves Generally Accepted Accounting Principles were not enforced and therefore the property was foreclosed on through extortion ,theft and fraud.
    All federal Felonies punishable with prison time.

    ACCESS ANY TRUST IN THE S.E.C. TO ACCESS (my trust) the Supplemental Prospectus of Lehman XS TRUST SERIES 2006-GP4 reports as a pass through GO TO:
    1-The way to access this is go to http://www.sec.gov
    2- in the right side of the page under LATEST NEWS click on SEARCH EDGAR
    3-TYPE IN LEHMAN XS TRUST, SERIES 2006-GP4 UNDER COMPANY NAME.
    4- CLICK ON DOCUMENTS
    ON 424B5- –PROSPECTUS (RULE 424(b)(5)-2006-07-31-333-129480-24
    5- CLICK ON P414214_424B5.txt
    6- here is the page that comes up showing mortgage pass through certificate ,series 2006-gp4

    LEHMAN XS TRUST
    MORTGAGE PASS-THROUGH CERTIFICATES
    SERIES 2006~GP4
    LEHMAN BROTHERS HOLDINGS INC.
    SPONSORAND SELLER
    STRUCTURED ASSET SECURITIES CORPORATION
    DEPOSITOR
    LEHMAN XS TRUST, SERIES 2006-GP4
    ISSUING ENTITY
    [AURORA LOG0]
    AURORA LOAN SERVICESLLC
    MASTER SERVICER
    PROSPECTUS SUPPLEMENT
    JULY 28, 2006
    LEHMAN BROTHERS

    the banks never had the promissory Note and Mortgage AFTER IT IS sold by the original Lender who sold to investors of the REMIC (REALESTATE MORTGAGE INVESTMENT CONDUIT) AND AS PER IRC 860 GAVE UP THEIR FORECLOSURE RIGHTS AND CHOSE TO STRUCTURE THE REMIC AS A SPECIAL PURPOSE VEHICLE HENCE A MORTGAGE PASSTHROUGH THEN THE LENDER BECAME THE SERVICER SINCE HE DECIDED TO SERVICE DIVIDENDS TO THE SHAREHOLDERS THE ORIGINAL LENDER IN THIS LOAN WAS GREENPOINT MORTGAGE LLC THAT WENT OUT OF BUSINESS IN AUGUST OF 2007 BUT IN SEPTEMBER OF 2006 TRANSFERRED THE SERVICING RIGHTS TO GMAC MORTGAGE.

    1-THE BANK CHOSE THE DISTRIBUTED PARTY OF INTEREST SCHEME TO AVOID PAYING TAXES TWICE GIVING UP THEIR RIGHT TO FORECLOSE BUT FORECLOSING ANYWAY COMMITTINNG EXTORTION ,RACKETEERING theft and fraud.All federal Felonies punishable with prison time.

    THEN IN 2009 THEY HIRED DAVID J. STERN TO FABRICATE 2ASSIGNMENTS
    OF MORTGGAGE BACKDATING THEM AS NOTORIZED ON DEC 2,2009 “BUT LEGALLY EFFECTIVE ON DEC.12,2008 HELLO. THE ASSIGNOR AND ASSIGNEE WAS GMAC MORTGAGE SAME ADDRESS AND ZIPCODE AND SWORN BY ME.R.S. AS THE MORTGAGE SIGNED BY NONE OTHER THAN JEFFREY STEPHAN AS V.P. OF MERS.

    WHERE DID THE PROMISSORY NOTE GO TO? IT WENT TO LEHMAN XS TRUST SERIES 2006-GP4 CONVERTED TO A STOCK ON THE S.E.C. BUT THE STORY OF THE MISSING NOTE APPLYING FOR A LOST NOTE AND MORTGAGE IN THE FORECLOSURE COMPLAINT .
    TO RE-ESTABLISH THE NOTE AND MORTGAGE WAS ANOTHER STROKE OF THEIR GENIUS

    IF YOU REMEMBER WHAT Robert E.Bostrom Freddie Mac’s Executive Vice
    President THE EXECUTIVE VP OF FREDDIE MAC SAID IN HIS STATEMENT TO THE SUPREME TASK FORCE OF FLORIDA

    “It is a reality of commerce that virtually all paper documents related to a
    note and mortgage are converted to electronic files almost immediately after the loan is closed. Individual loans, as electronic data, are compiled
    into portfolios which are transferred to the secondary market,
    frequently as mortgage-backed securities.” HELLO

    They confuse the issue of the lost Note by saying it got lost between the transferring of loans between servicers.

    Thank you Michael for your bringing this statement from Robert E.Bostrom Freddie Mac’s Executive Vice President to this site more than you will ever know, it is very powerful to understanding the deceit that the Banks have waged on the American homeowner ,the banks and the world.

  2. BOBBI SWANN says:

    I know this was cross-posted from the Evans site but nothing here that states whether this was with prejudice or without prejudice on the dismissal. This would determine if the Plaintiff has the authority to re-file the foreclosure all over again….and that’s a win?

    • Thomas Gachet says:

      It was probably without prejudice, but now in florida even a dismissal with prejudice may not keep the lender from filing another suit on the same loan alleging different time periods.

      • margo severini says:

        I stopped my foreclosure three years ago due to the bank not showing up so it was dismissed without prejudice. Now I am going to be dealing with it come Oct 24th again. Been 7 years. I need to find a great attorney for round two. MERS said they turned everything over to the bank. Bank wont say who the noteholder is.

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