Comments on: FL 1st DCA | Lindsey v. Wells Fargo Bank – BOMBSHELL CASE – Assignment of Mortgage Does Not Give Bank Standing, The Note Does Not Follow the Mortgage

By: Rebecca

Rebecca — Fri, 12 Jul 2013 23:04:34 +0000

So now what? No compensation no case no nothing. Even loss of my granddaughter and family. Lost out In the streets. So confused just a big mess with no money to figure out what’s next
Enought mind games on iPhone my daughter in law said don’t worry mails safe only they dissapered now she texed never text her again.
What kind of women keeps her husbands mother living in her car? A non illegal wanting her green card. Looks that way. Thanks America for tearing hearts out of Americans well Southern California there’s no help. There was but when you try to get your mail you never hear back. Why

By: Rebecca

Rebecca — Fri, 12 Jul 2013 23:04:34 +0000

By: anne

anne — Fri, 08 Mar 2013 02:35:32 +0000

In reply to Mike. What does the mortgage follows the note mean ? I am trying to figure out who owns my mortgage

By: Patrick

Patrick — Wed, 06 Mar 2013 08:02:32 +0000

A plaintiff will have to establish with an evidentiary basis how and when it came to possess rights in a bearer instrument. The fabricated mortgage assignment from the last endorser to blank is now discounted because the note does not follow a mortgage assignment. Can the plaintiff produce competent evidence it gave consideration to a valid transferor to show it took the bearer note by a purposeful transfer before filing the complaint? Cancelled check or wire transfer receipt would do nicely.

By: Fastlaw

Fastlaw — Sun, 03 Mar 2013 10:50:30 +0000

They’re going to have a hard time proving the acquisition date by endorsements, discovery will keep them busy the depositions will break the banks!

By: taoufik

taoufik — Fri, 01 Mar 2013 15:37:37 +0000

In reply to Mike. horrible!!

By: Alabama John

Alabama John — Fri, 01 Mar 2013 14:41:17 +0000

Don’t get bogged down in debating law. That is what they want to do. Keep it simple. It is against the law to file a false report with a Federally insured bank. They have done so and no one is arguing that. They should go to prison for doing so just as you and I would and its 30 years per offense. They have dome millions at 30 years per. Don’t be distracted.

Sarbanne-Oxley law says if your employees do these crimes (they have openly admitted they have) you, the boss are guilty and held responsible and will do the time. Why is that not being enforced?
Many other heads of companies unknown to the press and us are in prison today so why not these financial bosses?

By: Mike

Mike — Fri, 01 Mar 2013 00:06:06 +0000

WOW. This is interesting. My only question is how the heck is the bank going to prove the exact date the note was assigned? What happens to all the cases where the bank orginally admits that the note is lost or missing and then suddenly before summary judgment a purported orginal note is filed with blank endorsements. Does this mean that defense lawyers are now tasked with forcing the banks to prove the exaxt date the notes were assisgned?

Banks can never put dates on these blank endorsements and if dates are put on the blank endorsements there are obviously going be fraudulent. This is interesting, because even if they dismiss and refile the foreclosure the banks will have issues, because the Mortgage FOLLOWS the NOTE. The Note does not FOLLOW the Mortgage.

Any legal brains wish to share?