Jeff Barnes, Esq.,

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.