Homecomings Financial was/is part of GMAC/Ally, Indymac? Deutsche…they dont or never owned anything…servicer only…not even trustees…? What would happen if we all counter sued the banks??? Or bring up unethical charges against the unethical lyers/lawyers that are giving a bad rep to the ethical ones? What is the statute of limitation for a bank to refile a new case to replace the old lawsuit? And if the case is dismissed without prejudice, and not refiled, should not the bank remove that lis pen-dis from the tax roll and the credit reports or is it the homeowner that is to do that?

Right on … The judge or judges writing that ruling seem to have thought it sufficient to throw the motion for summary judgment out for whatever grounds first appeared sufficient, never even beginning to tackle the issue of the illegitimate alleged MERS assignment. Note that since the Attorneys General of the 50 States have begun deeply investigating MERS, and the Senate has been pressing it, that electric eel worm CEO of MERS finally told the Senate that MERS has “recently suspended robo-signers”, which should mean it has “outlawed” all those who ever alleged to assign in MERS name (but I am sure the worm has not turned that much). http://westlawnews.thomson.com/Securities_Litigation/News/2010/11_-_November/Legal_challenges_to_foreclosure_middleman_are_mounting/ .. Why robo-signers (those who have pretended to assign in MERS name) were not “fired” and “declared outlaw” instead of just “suspended” (and since only “suspended” – knowing that MERS is a very slick electric eel worm – how many were suspended and for how long(?) is the question – they should go to prison for such fraud) was not stated in the article.

Yes but if she refiles a case, the defence will still undoubtedly challenge the validity of the original note, MERS tesified to a supreme court, I forget which one but undeed did testify that they never kept original notes, in fact they said they are purposly destroyed once uploaded into MERS system to prevent double uploading of the same notes. So in this fact alone any good lawyer should be able to challenge these so called original notes that are created on the forclosure mills computers and fraudently signed. Not to mention most of these loans that were done throught mers have been sold many times over, so they have to show original paerwork transfering the notes each time the note changed hands and prove it was hand delivered. Now common sence tells me if mers advertises : the no paerwork way of doing mortgage assignments, then how can they show up in court with any of the real evidence, they already told a supreme court they dont have ANY notes or proof of transfers. its all fraud and fake paperwork, how do you think places like docx stay in business? they are all under federal investigation. I dont understand how just before they forclose, MERS can assign my note to a fake owner of note to try to defraud the court and forclose on our properties. I have spent hundreds of hours researching all of this and I feel like im missing something, so please tell me? how can they even bring a case at all if they dont own the note today, and if they dont own the note today, how can they transfer the note in the first place to a new owner of note or assignee just to forclose, meaning they cant forclose in mers name, so they transfer out of mers name. my mortgage is filed in palm beach county public records, it shows mers and act mortgage, act leding corp as party 2 along with my name as party 1. Act Lending corp has ceased operations from what I have read but I see that they are assigning mortgaes to americas servicing company aka wells fargo mortgage like crazy on the palm beach county records. I assume ACT Lending corp is attempting to assign mortgages because they dont have standing to file a forclosure case. if i am right then act lending didnt have standing to file and dont own my loan, so how can they transfer my note? and then use that assignment to forclose? in addition neither act lending or americas servicing company was my original loan, my loan was done with homecomings financial but within one year was sold to act lending through mers, now the kicker here is that for the last 5 years I have been paying my mortgage payments to americas servicing company aka wells fargo but that is not filed in public record, so have i been paying someone for 5 years that doesnt even own my note? finally, when mers transfers my note in 2004 from homecoming financial to act lending, Mers or whomever filed with the court a release of the original mortgage, however the physical address on that release is not my address, my address is 5130 and the release of mortage says 5730, just one number off but we are not talking about being a penny or nickel off here, this is someones home, i see how people get forclosed on that are not even in default.

The finality of the courts decision stands in contrast to many others of Arthur Schack, and his brethren jurists. It seems they have not been dismissing cases. Instead they have been merely denying the order of reference with leave to reapply within so many days, but only upon compliance with a contemporaneous court order that typically asks for some specific performance by Plaintiff. In this way the court does not relinquish jurisdiction.

The case of IndyMac Bank v Bethley exemplifies this. Denial of the order of reference, and the court order, issued on February 6, 2009. 16 months hence there has been no compliance by plaintiff in re the courts order. The case remains in the jurisdiction of the court. And it languishes.

Deutsche v Stevens IS a victory. But likely she will be fighting again. And next time the post commencement assignment will not be an issue.