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…



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

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